Laws governing local ballot measures in Colorado

Laws Governing Local Ballot Measures

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Terms

Initiative • Home rule • General law city • Charter city • Petition • Circulation period • Circulator • Paid circulator • Volunteer circulator • Circulator affidavit • Signer • Valid signature • Forged signature • Fraudulent signature • Invalid signature • Electronic petition signature • Legislative tampering • Registered voter

All Colorado cities and towns have an initiative and referendum process for local ballot measures.

This article sets out the laws governing local ballot measures in Colorado. It explains:

• Which local units of government make the initiative process available to residents.
• How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
• An overview of laws governing local recall elections.

Types of local government

The U.S. Census Bureau's 2012 study of local governments shows that, as of September of 2012, local government in Colorado consists of:

333 General Purpose units, including:

• 64 Counties (including the consolidated city-counties of Denver and Broomfield which are listed by the U.S. Census Bureau as city governments)
• 271 Cities and towns

2485 Special Purpose units, including:

• 2305 Special Districts
• 180 Independent School Districts

Further classifications:

Counties may be:

• General law: of which there are 60
• Home rule charter: of which there are 2 (Weld and Pitkin County)

Cities and towns may be:

• General law: of which there are 172
• Home rule charter (if over 2,000 in population): of which there are 96
• Consolidated City and County: 2 (Denver and Broomfield)
• There is also 1 remaining territorial charter municipality (Georgetown)

School districts

See also: School bond and tax elections in Colorado

Colorado has two different types of ballot measures that are required under two different laws. The first is the Taxpayer Bill of Rights from 1992, which became Section 20 of Article 10 of the Colorado Constitution. Under TABOR, local voter approval is required if the school district wants to exceed its tax levy above the normal rate of inflation set by the consumer price index. The second law is the School Finance Act of 1994. Under the act, voter approval is required when a school district wants to exceed the limit for raising its Total Program Budget. The Total Program Budget is a combined budget that includes the district's general fund, special education and other costs. A school district that wants to exceed the previous year's Total Program Budget by more than 125% must put a plan before the voters. This type of ballot measure has rarely been used; it is considered to be a last resort option. Colorado law imposes limits on when school districts can hold special elections. Colorado only allows special elections in even numbered years on pre-established general and primary election days in May and November. In odd-numbered years, special school district elections can only occur on the first Tuesday in November. School districts that want to exceed their TABOR limit can sometimes combine this request with a city TABOR request.

Local recall rules

Ballot Law Portal

Laws Governing Ballot Measures

For additional detail, see: Laws governing recall in Colorado

Campaign finance rules

See also: Campaign finance requirements for Oregon ballot measures

Initiative process availability

A guide to local ballot initiatives

An initiative process is available in all cities and towns. In charter cities, initiative is also available for charter amendments.

In charter counties (Weld and Pitkin) initiative is available for county measures and charter amendments.

Citizens in general law counties do not have broad initiative authority to propose county measures. However, specific state statutes grant a petition process for limited subject matters. For example:

Recall of county elected officials, C.R.S. §1-12-103 & 104; Formation of a home rule charter committee, C.R.S. §30-11-502(1) et seq.; Increasing the number of county commissioners from three to five (in counties having a population greater than 70,000), C.R.S. §30-10-306.5(3)(a); Decreasing the number of county commissioners from five to three (in counties having a population greater than 70,000), C.R.S. §30-10-306.7 (2)(b); Enacting a countywide sales tax ordinance, C.R.S. §29-2-104; Establishment of a county library, C.R.S. §24-90-107(1),(3); Establishment of public improvement district (PID) or a local improvement district (LID), C.R.S. §30-20-501 et seq. and C.R.S. §30-20-601 et seq., respectively; Establishment of various districts, C.R.S. §30-20-801 et seq.

Authority

Constitution

Colorado Constitution, Article V, Section 1(9) reserves the initiative and referendum powers to the registered electors of every city, town and municipality.

“

(9) The initiative and referendum powers reserved to the people by this section are hereby further reserved to the registered electors of every city, town, and municipality as to all local, special, and municipal legislation of every character in or for their respective municipalities. The manner of exercising said powers shall be prescribed by general laws; except that cities, towns, and municipalities may provide for the manner of exercising the initiative and referendum powers as to their municipal legislation. Not more than ten percent of the registered electors may be required to order the referendum, nor more than fifteen per cent to propose any measure by the initiative in any city, town, or municipality.

”

Colorado Constitution, Article XX authorizes cities and towns over 2,000 in population to adopt a home rule charter and grants initiative for charter amendments.

Statutes

Cities and towns: Colorado Revised Statutes Title 31, Art. 11, prescribes the initiative process, but cities are allowed to alter certain requirements such as different filing deadlines and signature percentages, subject to the Constitutional signature percentage limits.

C.R.S. 31-2-212 states that home rule charters must have provisions for initiative. Charter cities often reference or mirror the process in the state statues, but may alter some requirements. C.R.S. 31-2-210 governs the process for charter amendments.

Counties C.R.S. 30-11-103.5 governs petitions in general law counties for matters authorized by law.

C.R.S. 30-11-506 mandates a process for initiative for charter county charter amendments.

C.R.S. 30-11-508 mandates that charter counties (Weld and Pitkin) have an initiative process for county measures.

See law: Colorado Revised Statutes, Title 30, 31

Initiative process features

Local I&R Laws in the 50 States

Source:Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns

General law cities

City initiative process   The initiative process for ordinances is governed by Colorado Const. Art. V, Sec. 1(9) and Colo. Rev. Stat. Title 31, Art. 11. Local ordinances may contain additional or varying requirements. Colorado Constitution, Article V, Sec. 1(9) Colo. Rev. Stat. Title 31, Art. 11 Subject matter restrictions: No measure shall be proposed by petition containing more than one subject. (Colo. Const. Art. V, Section 1(5.5)) Petition form and pre-approval: No petition section shall be printed or circulated unless the form and the first printer's proof of the petition section have first been approved by the clerk. The clerk shall approve or reject the form and the first printer's proof of the petition no later than five business days following the date on which the clerk received such material. Form and content requirements are contained in C.R.S. 31-11-106. Signature requirement: 5% of the registered electorate, determined on the date when filed initial notice to clerk. (C.R.S. 31-11-104) Circulation period: Petitions must be filed within 180 days after approval of the petition. (C.R.S. 31-11-104) Submitting signatures: Petitions are filed with the city clerk for certification of signatures. (C.R.S. 31-11-109) Election procedure and results: After certification, the legislative body has 20 days from a finding of sufficiency to pass the ordinance without alteration, with an additional 10 days to override a mayoral veto, or it shall submit the proposed ordinance at a regular or special election held not less than 60 days or more than 150 days from petition sufficiency determination. A majority vote passes the measure. (C.R.S. 31-11-104)

Charter cities

Charter amendment   The initiative process for amendments to city charters is governed by Colorado Const. Art. XX and Colo. Rev. Stat. 31-2 Part 2. Charters may contain additional requirements, such as a review of the proposed text by the city attorney. Colorado Constitution, Article XX Colo. Rev. Stat. 31-2 Part 2 Subject matter restrictions: A city's charter "shall be its organic law and extend to all its local and municipal matters. Such a charter and the ordinances made pursuant thereto in such matters shall supersede within the territorial limits and other jurisdiction of said city or town any law of the state in conflict therewith." (Colo. Const. Art. XX, Section 6) Petition form and pre-approval: The petition process shall be commenced by filing with the clerk a statement of intent to circulate a petition, signed by at least five registered electors of the municipality. Petitions must contain the text of the proposed amendment and state whether seeking a decision at the next regular or special election. (Colo. Rev. Stat. 31-2-210). The clerk must approve the petition form prior to circulation (Colo. Rev. Stat. § 31-2-221). Other form requirements, such as a warning, circulator affidavit, and formatting details, are contained in § 31-2-219 to 225. Signature requirement: If petitioners are seeking a decision at the next regular election: 5% of the registered electors of the municipality registered on the date of filing the statement of intent. If they are seeking a special election: by at least 10%. (Colo. Rev. Stat. 31-2-210) [Note: The charters of the top 10 most populated cities are consistent with this requirement by reference or mirroring, except Arvada which requires 10% for regular, 15% for special election. (Arvada Code Sec. 30-32)] Circulation period: Petitions must be filed within 90 days from the date of filing of the statement of intent. Also, petitions must be filed at least 90 days prior to regular or special election based on the date stated in the petition. (Colo. Rev. Stat. 31-2-210) Circulator restrictions: Circulators must be 18 years old at time of circulation. (C.R.S. 31-11-107) Circulators may be paid, but the proponent must submit payment information along with the petition to the clerk. (C.R.S. 31-11-113) Submitting signatures: Petitions are filed with the city clerk for certification. If an insufficiency is found, petitioners may withdraw, amend over 15 days, and refile as an original petition. (Colo. Rev. Stat. 31-2-210) Election procedure and results: After certification, the governing body shall submit the proposed amendment at a general or special election, depending on the request of the petition. A majority vote passes the amendment. (Colo. Rev. Stat. 31-2-210)

Initiative in the top 10 most populated cities

List of Most Populated Cities in Colorado
City	Population	City Type	Next election
Denver	619,968	Charter as consolidated city-county	May 7, 2013
Colorado Springs	426,388	Charter	Special Election
Aurora	332,354	Charter	Special Election
Fort Collins	146,762	Charter	April 2, 2013
Lakewood	144,406	Charter	Special Election
Thornton	121,435	Charter	November 5, 2013
Westminster	107,967	Charter	November 5, 2013
Pueblo	107,577	Charter	November 5, 2013
Arvada	107,541	Charter	November 5, 2013
Centennial	102,603	Charter	November 5, 2013

The top 10 most populated cities in Colorado are all governed under a home rule charter. Initiative is available for charter amendments under state law as detailed above. Charter cities must also allow initiative for ordinances under state law, but may differ from the general law requirements and set their own signature percentages, filing deadlines or additional requirements by charter. The provisions below come from the specific city charter or code. Click on the citation links to read the full requirements for the initiative process.

Individual city provisions   Denver Population as of the July, 2011 census update: 619,968. Denver is a charter consolidated city-county. The signature requirement is 5% of the total vote for the office of Mayor in the last election at which a Mayor was elected. 5 registered electors of the City and County of Denver may begin the proceedings for initiative by filing with the Clerk and Recorder an affidavit constituting themselves as a petitioners' committee. The required affidavit and petition content is in Denver Charter, Sec. 8.3.2. Petitioners must also submit the proposed text to the city council staff and the city attorney for review and comments. Circulators shall be a qualified electors of Colorado. A completed initiative petition must be filed with the Clerk and Recorder no later than 180 days from the date of approval of the affidavit, ballot title, and petition form. Unless the City Council calls an earlier special municipal election, the Clerk and Recorder shall submit the initiative or referendum to the ballot at the next scheduled citywide election held not less than 60 days after the determination of sufficiency. Denver Charter, Article VIII, Part 3 Colorado Spring Population as of the July, 2011 census update: 426,388. Colorado Springs is a charter city. The signature requirement is 20% of the total ballots cast for the office of Mayor in the last preceding election for such office (but reduced if this would exceed constitutional limit of 15% of registered electors). Any 3 electors may commence initiative proceedings by filing with the Clerk an affidavit stating they will constitute a petitioners' committee along with the content requirements and the review process detailed in Colorado Springs Charter, Sec. 12.20 and Code Sec. 5.1.506. The clerk issues the required blank petitions. Petitions must be filed 180 days from issuance. After certification, the council has 20 days to pass without alteration or shall call a special election within 90 days unless a general municipal election is fixed within said 90 days. Colorado Springs Charter, Art. XII; Colorado Springs Code 5.1.501 to 511 Aurora Population as of the July, 2011 census update: 332,354. Aurora is a charter city. The signature requirement is 15% of the total vote cast in the last regular municipal election. File statement of intent and prepared petition with city clerk for review and designation of a ballot title. Petition form requirements are in the Aurora Code, Sec. 54.103. Petitions must be filed within 120 days of the clerk's designation of the title. After certification, the council has 30 days to pass or shall call a special election within 150 days, unless a regular municipal election is set within 90 days. Aurora Charter, Art. VI; Aurora Code Chap. 54-101 to 112 Fort Collins Population as of the July, 2011 census update: 146,762. Fort Collins is a charter city. The signature requirement is 10% of the total ballots cast in the last regular city election. However, 15% is required when a special election is requested by the petitioners. One or more registered electors may commence initiative proceedings by filing with the city clerk a written notice of intent to circulate an initiative petition. The clerk must approve the petition form. Blank petition forms should be available from the clerk, with the requirements in Fort Collins Charter, Art. X, Sec. 5. Petitions must be filed no more than 60 days after the city clerk's approval of the form for circulation. Unless a special election is requested, the petition must also be filed at least 60 days prior to the next regular city election. After certification, the council has 30 days to pass the measure or they shall submit it at the next regular election unless a special election is requested. Special elections must be held within 120 days. Fort Collins Charter, Art. X Lakewood Population as of the July, 2011 census update: 144,406. Lakewood is a charter city. The signature requirement is 5% of the total number of registered electors of the city on the date of the last regular municipal election. Petitioners must submit an original draft to the city clerk before the petition relating thereto is circulated. The clerk designates a title, summary, and approves the petition form. The petition's form and content requirements are found in the Lakewood Code, Sec. 2.52.080,090. Petitions must be filed within 180 days from the date that the title and submission clause have been fixed and determined. After certification, the council has 30 days to pass the measure or they shall submit it at a special election to be held within 90 days, but not less than 30 days, after the petition is presented to the city council; or at any regular municipal election to be held not more than 90 days after presentation of the petition to the city council. Lakewood Charter, Art. XII Lakewood Code, Chap. 2.52 Thornton Population as of the July, 2011 census update: 121,435. Thornton is a charter city. The signature requirement is 10% of the number of persons who were registered electors of the city, as of the date of the last regular city election. The Thornton charter references the general law requirements as provided above (C.R.S. 31-11-106) relating to pre-circulation form approval and petition requirements. All signatures on said petition shall be obtained within 21 days before the date of filing the petition with the city clerk. After certification, the council has 30 days to pass the measure or they shall submit it at the next municipal election held in the city for any other purpose or, at the discretion of the Council, at a special Municipal election called for that specific purpose. If no election is to be held in the city for any other purpose within 150 days then the council shall call a special election within 60 days. Thornton Charter, Sec. 8.12 to 8.16 Westminster Population as of the July, 2011 census update: 107,967. Westminster is a charter city. The signature requirement is 10% of the number of persons who were registered electors of the city, as of the date of the last regular City election. The city clerk shall maintain and provide a blank form of petition. Form and content requirements are in Westminster Charter, Sec. 8.10 and Code Sec. 7-1-9, including the names of 3 registered electors as committee of petitioners and circulator affidavits. No signature on an initiative petition may be counted if it was signed more than 180 days from the date of filing. After certification, the council has 30 days to pass or shall submit at the next election, occurring not less than 60 days after said decision, held in the City for any other purpose, or, in the discretion of the Council, at a special election called for that specific purpose. Westminster Charter, Sec. 8.9 to 8.14 Westminster Code, Sec. 7-1-9 Pueblo Population as of the July, 2011 census update: 107,577. Pueblo is a charter city. The signature requirement is 5% of the total vote cast in the last general city election. The Pueblo charter states that the general law initiative process requirements are to be followed (provided above, such as petition content contained in C.R.S. 31-11-106), except that no blank forms shall be furnished or preliminary affidavits required. After certification, the Council shall either pass said ordinance within 30 days without alterations, subject to the referendum, or refer the proposed ordinance to the registered electors of the city at a regular or special city election to be held not less than 60 days and not more than 150 days after the final determination of petition sufficiency by the city clerk. Pueblo Charter, Art. 18 Arvada Population as of the July, 2011 census update: 107,541. Arvada is a charter city. The signature requirement is 10% of the total number of registered electors of the city as of the date the notice of intent is filed with the city clerk. At least 5 registered electors file with the city clerk a notice of intent to file a petition for an initiated ordinance. Petition form requirements are in the Arvada Code, Sec. 30-34. Petitions must be filed within 30 days of filing the notice of intent. After certification, the council has 30 days to pass the measure or they shall submit it at a special election or at a regular municipal election to be held within 120 days, but not less than 30 days, after the petition is presented to the city council. Arvada Charter, Sec. 5.13; Arvada Code Chap. 30, Art. 2 Centennial Population as of the July, 2011 census update: 102,603. Centennial is a charter city. The signature requirement is 5% of the registered electors if seeking a regular election, 15% for a special election. The Centennial charter states that the general law initiative process requirements are to be followed (provided above, such as form approval by the city clerk and petition content contained in C.R.S. 31-11-106). After certification, the city council shall have 35 days to adopt the proposed ordinance or refer it to the registered electors of the city at a regular or special election. Centennial Charter, Art. VI

External links

• Research document of Colorado local I&R laws
• Colorado Municipal League
• Colorado Division of Local Government