Laws governing the initiative process in Colorado

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Citizens of Colorado may initiate legislation as either a state statute or a constitutional amendment. In Colorado, citizens also have the power to repeal legislation via veto referendum. The Colorado General Assembly may also place measures on the ballot as legislatively-referred constitutional amendments or legislatively-referred state statutes. Referred amendments require a 2/3 vote of each chamber.

Crafting an initiative

Of the 24 states that allow citizens to initiate legislation through the petition process, several states have adopted restrictions and regulations that limit the allowable scope and content of initiated proposals. These regulations may include laws that mandate that initiatives address only one topic, restrict the range of acceptable topics for proposed laws, prohibit unfunded mandates, and establish guidelines for adjudicating contradictory measures.

Single-subject rule

See also: Single-subject rule

In Colorado, each proposed measure must address only one subject. Unlike other states, Colorado's single-subject rule is closely tied to a measure's ballot title. If an approved measure encompasses some subject not clearly expressed in its title, only the unexpressed portion of the law is void. If a measure is too broad to be assigned a title that addresses only one subject, the measure cannot be placed on the ballot. However, if rejected, proponents may revise the measure--deadlines are not extended to accommodate these revisions.

See law: Colorado Constitution, Article V, Section 1, ¶ 5.5

Subject restrictions

See also: Subject restrictions (ballot measures)

Colorado does not restrict the subject matter of initiated measures. In addition, initiatives are not required to specify a funding source for mandated expenditures.

See law: Colorado Constitution, Article V, Section 1

Competing initiatives

See also: Superseding initiatives; "Poison pills"; List of Colorado ballot measures

Colorado law provides that in the event that two measures conflict, the measure with the most affirmative votes supersedes the other on any points of conflict. However, the other measure is not wholly superseded.

See law: Colorado Revised Statutes, Title 1, Article 40, Section 123

Starting a petition

Each initiative and referendum state employs a different procedure for filing petition applications. Some states require preliminary signatures while others do not. In addition, several states review each proposed statute, verifying that the law conforms to the style and conventions of state law and recommending alterations to initiative proponents. Some of these of these states also review the law for more substantive considerations of content and consistency. Also, many states conduct a review of the ballot title and summary, and several states employ a fiscal review process which analyzes proposed laws to determine their impact on state finances.

Proposal review/approval

See also: Approved for circulation

Initiative proponents must submit the original text of the measure to the directors of the Legislative Council Staff and the Office of Legal Services for review and comment. Proponents must designate two people as those representing the proponents in all matters affecting the petition. Drafts are to be submitted in typewritten form and are to be written in plain, non-technical language, using words with common and everyday meaning understandable to the average reader. The results of the review are presented at a public meeting. The proponents may then make revisions in response to the recommendations given at the meeting. If the revisions go beyond the recommendations, the revised language must be resubmitted. If no further recommendations/comments are required an additional hearing is not required. Compliance with these recommendations is not mandatory.

See law: Colorado Revised Statutes, Title 1, Article 40, Section 105 & Colorado Constitution, Article V, Section 1, ¶ 5

Applying to petition

See also: Approved for circulation

Once the proposed measure has been reviewed, the original, amended, and final drafts must be filed with the Colorado Secretary of State. The Secretary must then convene a "title board," which includes the Secretary of State, the Colorado Attorney General, and the Director of the Office of Legislative Legal Services or the director's designee. At a public meeting, the board selects a title for the measure by majority vote. The title must be phrased in the form of a "yes" or "no" question. The board may also reject a measure if it fails to comply with the state's single-subject rule. If the proponents or any registered voter are unsatisfied with the title board's chosen title or single-subject ruling, a motion for a rehearing may be filed. If objections remain after the rehearing, the proponents or any registered voter may file an appeal with the Colorado Supreme Court.

The format for petition sheets is designated by the Secretary. (A sample petition form can be downloaded here.) A proof copy of petition sheets must be filed with the Secretary.

See law: Colorado Revised Statutes, Title 1, Article 40, Section 105; Section 106 & Section 107

Fiscal review

See also: Fiscal impact statement

Prior to the election, the Director of Research for the Legislative Council of the General Assembly prepares a fiscal impact statement detailing any effect a measure will have on revenue, expenditures, taxes, and liabilities. For tax measures, Colorado law also directs the Director to include an estimate of the measure's impact on the average taxpayer. The statement is available to the public upon request and an abstract of the findings are included in the state's ballot information booklet.

See law: Colorado Revised Statutes, Title 1, Article 40, Section 124.5

Collecting signatures

Each initiative and referendum state employs a unique method of calculating the state's signature requirements. Some states mandate a certain fraction of registered voters while others base their calculation on those who actually voted in a preceding election. In addition, many states employ a distribution requirement, dictating where in the state these signatures must be collected. Beyond these overarching requirements, many states regulate the manner in which signatures may be collected and the timeline for collecting them.

Number required

See also: Colorado signature requirements

The number of signatures required for a successful petition is equal to 5% of the total number of votes cast for the office of Secretary of State in the preceding general election. The same number of signatures is required for constitutional amendments, statutes, and referendums.

Year	Amendment	Statute	Veto referendum
2014	86,105	86,105	86,105
2013	86,105	86,105	86,105
2012	86,105	86,105	86,105
2010	76,047	76,047	76,047
2008	76,047	76,047	76,047

See law: Colorado Constitution, Article V, Section 1, ¶ 2

Distribution requirements

See also: Distribution requirements

Colorado does not have a distribution requirement. As such, any proportion of the required signatures may be collected from any county or congressional district.

See law: Colorado Constitution, Article V, Section 1

Restrictions on circulators

Pay-per-signature

See also: Pay-per-signature

Colorado law restricts per-signature pay to 20% or less of a circulator's compensation. Colorado also requires petition organizations to apply for a license to hire paid circulators. As part of the requirements for this license, at least one of the two designated petition representatives must attend a training course on petition fraud.

See law: Colorado Revised Statutes, Title 1, Article 40, Section 112 & Section 135

Out-of-state circulators

See also: Residency requirements for petition circulators

Colorado requires that petition circulators are US citizens and residents of the state.

See law: Colorado Revised Statutes, Title 1, Article 40, Section 112

Badge requirements

See also: Badge requirements

Colorado law requires that paid and volunteer circulators be identified as such on badges. Colorado law used to require that the badges include the circulator's name, but this requirement was struck down in Buckley v. American Constitutional Law Foundation.

See law: Colorado Revised Statutes, Title 1, Article 40, Section 112 & Buckley v. American Constitutional Law Foundation

Electronic signatures

See also: Electronic petition signatures

Since electronic signatures are an emerging technology, the constitutionality of bans on e-signatures and the legality of e-signatures in states without bans is largely untested. Colorado law does mandate that signatures be collected in person.

See law: Colorado Revised Statutes, Title 1, Article 40, Section 111

Deadlines for collection

See also: Petition drive deadlines; Circulation period

In Colorado, petitioners have six months to collect signatures after the ballot language and title are finalized. Signatures must be filed three months and three weeks before the election in which the measure would appear on the ballot.

See law: Colorado Revised Statutes, Title 1, Article 40, Section 108

Getting on the ballot

Once signatures have been collected, state officials must verify that requirements are met and that fraudulent signatures are excluded. States generally employ a random sample process or a full verification of signatures. After verification, the issue must be prepared for the ballot. This often involves preparing a fiscal review and ballot summary.

Signature verification

See also: Signature certification

After a petition has been filed, the Secretary of State reviews the petitions and signatures to ensure that they are in the correct form. The Secretary then selects 5% of the signatures at random for verification. The total number of valid signature is extrapolated from this sample. If this process shows that less than 90% of the required signatures are valid, the petition is a deemed insufficient. If this process shows that more than 110% of the required signatures are valid, then the petition is deemed sufficient. If the projected total is between 90% and 110%, a complete count is performed. If a petition is deemed insufficient, proponents have 15 days to file an addendum with additional signatures. This period does not extend the final deadline for signature collection.

See law: Colorado Revised Statutes, Title 1, Article 40, Section 116 & 117

Ballot title and summary

See also: Ballot title

Although the ballot title assigned by the title board appears on the ballot, a generic title is also assigned to each measure. Starting in November 2010, ballot measures are numbered as a follows:

• Initiated Amendments: Assigned numbers beginning with 60, restarting at 1 after 99.

• Initiated Statutes: Assigned numbers beginning with 100, restarting at 100 after 199.

• Legislatively-Referred Amendments: Assigned letters beginning with P, restarting at A after Z.

• Legislatively-Referred Statutes: Assigned letters beginning with AA, restarting at AA after ZZ.

Colorado does not include a ballot summary on the ballot. However, the Director of Research for the Legislative Council does prepare a impartial voter information pamphlet with an abstract of the fiscal impact study and arguments for and against the measure. Any person, proponents or opponent, may submit information for consideration in drafting these sections.

See law: Colorado Revised Statutes, Title 1, Article 5, Section 407; Article 40, Section 115; Article 40, Section 124.5 & Colorado Constitution, Article V, Section 1, ¶ 7.5

The election and beyond

Ballot measures face additional challenges beyond qualifying for the ballot and receiving a majority of the vote. Several states require ballot measures to get more than a simple majority. While some states mandate a 3/5 supermajority, others states set the margin differently. In addition, ballot measures may face legal challenge or modification by legislators. If a ballot measure does fail, some states limit how soon that initiative can be re-attempted.

Supermajority requirements

See also: Supermajority requirements

Colorado initiatives do not require a supermajority for approval. This includes initiated statutes, initiated amendments, and referenda.

See law: Colorado Constitution, Article V, Section 1, ¶ 4

Effective date

Within 30 days of the canvass of votes, the Governor of Colorado will issue an official declaration of the results. All approved measures take effect on the day of this proclamation.

See law: Colorado Constitution, Article V, Section 1, ¶ 4

Litigation

See also: Ballot measure lawsuit news

Different courts are designated for distinct kinds of initiative-related litigation. If an initiative fails to comply with federal law or regulations, a complaint may be filed in Federal District Court. If any registered voter wishes to challenge the sufficiency of a petition, he or she may file a protest with the State District Court with jurisdiction over the county where the petition was filed. Challenges to title board decisions are filed with the Colorado Supreme Court.

See law: Colorado Revised Statutes, Title 1, Article 40, Section 120; Section 118 & Section 107

Legislative tampering

See also: Legislative tampering

The Colorado General Assembly may change or repeal initiated measures. In the case of initiated statutes, this only requires a simple majority. In the case of amendments, the Assembly must pass the amendment by a two-thirds majority and place it on the ballot. (The same process required for ordinary legislatively-referred constitutional amendments.)

See law: Colorado Constitution, Article V, Section 1, ¶ 4 & Article XIX, Section 2, ¶ 1

Re-attempting an initiative

Colorado does not limit how soon an initiative can be re-attempted.

See law: Colorado Constitution, Article V, Section 1

Funding an initiative campaign

See also: Campaign finance requirements for Colorado ballot measures

Colorado's campaign finance laws include the following notable features:

• Groups in support or opposition of a ballot measure in Colorado are treated differently than political action committees.
• Colorado prohibits corporations and labor unions from spending their money to fund advertisements in support or opposition of a ballot issue.
• Colorado allows corporations and labor unions to donate to Issue Committees.

State initiative law

Article V of the Colorado Constitution provides authority for the initiative and referendum process.

• Colorado Constitution, Article V

Title 1, Article 40 of the Colorado Revised Statutes governs the initiative and referendum process.

• Colorado Revised Statutes, Title 1, Article 40

External links

• Colorado Secretary of State: Initiative Information
• Colorado Secretary of State: "Initiative Procedures & Guidelines: A Citizen's Guide to Placing an Initiative on the Ballot"

References

Ballot law
State laws
Initiative law Recall law Statutory changes
Court cases
Lawsuit news Ballot access rulings Recent court cases Petitioner access Ballot title challenges Superseding initiatives Signature challenges
Laws governing local ballot measures

The following laws have been proposed which modify ballot measure law in Colorado.

Proposed changes by year

2011

See also: Changes in 2011 to laws governing ballot measures

Bills that have or might be introduced in the 2011 session of the Colorado General Assembly include:

2010

See also: Changes in 2010 to laws governing ballot measures

The following proposals were made during the 2009-2010 session of the Colorado General Assembly: