Colorado Title Board
| State: Colorado |
| Website: Official website |
| Learn more about Colorado ballot measures |
| • Laws governing the initiative process in Colorado |
| • Types of ballot measures in Colorado |
| • List of Colorado ballot measures |
The Colorado Title Board consists of the secretary of state, the attorney general, and the director of the office of legislative legal services or their designees. The Title Board determines whether or not an initiative complies with the state's single-subject rule and considers if the ballot language is accurate and whether the ballot question would be understandable to voters. The Title Board does not comment on the merits of initiatives and cannot refuse to set a title if it believes a proposal is unconstitutional or lacks merit. Title Board meetings are held at the secretary of state's office and rehearing requests are made to secretary of state staff, though the Title Board makes independent decisions and do not reflect the opinions of the secretary of state's office.[1][2]
This article covers the following:
- Structure of the board,
- Responsibility of the board, and
- board meetings and timelines.
Structure
Membership
The Colorado Title Board is composed of three members: the secretary of state, the attorney general, and the director of the office of legislative legal services (or their designees).
Responsibility
State law requires the Colorado Title Board to:[3]
- determine whether an initiative embraces a single subject;
- ensure that the ballot language (ballot question presented to voters) represents the proposed changes accurately and is understandable to voters;
- designate and set a proper fair ballot title and submission clause for each proposed law or constitutional amendment; and
- determine whether proposed constitutional amendments only repeal in whole or in part a provision of the state constitution (rather than amending it) to ascertain whether or not the 55% supermajority voter approval requirement applies.[4]
A title is set by a majority vote of the Title Board.[3]
Title Board meetings and timelines
The title board's first meeting of the year is held on the first Wednesday of December following an election. The final meeting is held no later than the third Wednesday in April in the year the measure is to be voted on.[3]
When the first draft of a ballot issue is submitted, the secretary of state convenes the Title Board. The title board holds public meetings on the first and third Wednesdays of every month when a new draft or a reconsideration request is presented. For a draft to be reviewed at the meeting, it must be submitted to the secretary of state by 3 p.m., 12 days before the designated meeting.[3]
Designated representatives for filed initiatives must be present at Title Board hearings considering their proposed ballot initiatives and must certify by a notarized affidavit that they are familiar with the provisions of Article 40 of the Colorado Revised Statutes governing the ballot initiative and referendum process. If a designated representative is not present at a Title Board meeting considering their proposed initiative, the board will not set a title, but may consider the proposal at its next meeting.[3]
Title Board meetings are open to the public and are broadcast online at the Secretary of State's website.[5]
Setting ballot titles
The Title Board first determines whether or not an initiative is composed of a single subject. The Title Board cannot set a title for an initiative that contains more than one subject. The board will hear testimony from initiative proponents and the public. After all testimony is heard, a conclusion must be reached by at least two of the three members of the board. Proponents may request a rehearing within seven calendar days if they are dissatisfied with the decision of the Title Board. Rehearing requests must state on what grounds a rehearing is requested, such as if they believe the ballot language is unfair or misleading and the specific language in the title at issue.[5][3]
Ballot title wording requirements for certain initiative types
State law requires certain proposals to begin with or contain certain wording:[3]
- for measures that change state law, the ballot title must contain "a change to the Colorado Revised Statutes" while changes to the state constitution must contain "a change to the Colorado Constitution";
- for measures that reduce state tax revenue, the ballot title must begin with, "Shall there be a reduction to the (description of tax) by (the percentage by which the tax is reduced in the first full fiscal year that the measure reduces revenue) thereby reducing state revenue, which will reduce funding for state expenditures that include but are not limited to (the three largest areas of program expenditure) by an estimated (projected dollar figure of revenue reduction to the state in the first full fiscal year that the measure reduces revenue) in tax revenue...?"
- if the initiative specifies which public services or programs that will have reduced funding, they must be included in the ballot language
- If the public services or programs identified in the measure do not account for the full amount of the tax change in the first full year that the measure reduces revenue, then the three largest areas of program expenditure must be stated in the title along with the public services or programs identified in the measure.
- for measures that reduce local district property tax revenue, the ballot title must begin with, “Shall funding available for counties, school districts, water districts, fire districts, and other districts funded, at least in part, by property taxes be impacted by a reduction of (projected dollar figure of property tax revenue reduction to all districts in the first full fiscal year that the measure reduces revenue) in property tax revenue...?
- for measures that increase tax revenue and specify public services or programs that would be funded with the increased revenue, after the language required by section 20 (3)(c) of Article X of the state constitution ("SHALL [DISTRICT] TAXES BE INCREASED [first, or if phased in, final, full fiscal year dollar increase] ANNUALLY"), the title must continue with, "in order to increase or improve levels of public services, including, but not limited to (the public service specified in the measure)..." or "in order to increase or improve levels of public services...”.
See also
- Laws governing the initiative process in Colorado
- Types of ballot measures in Colorado
- List of Colorado ballot measures
External links
- Colorado Secretary of State: Initiatives and Title Board
- Colorado Revised Statutes 1-40-106
- Colorado Secretary of State: Initiative Procedures and Guidelines
Footnotes
- ↑ Colorado Secretary of State, "What is the Title Board?" accessed September 12, 2023
- ↑ Colorado Secretary of State, "Title Board Policies and Procedures," accessed September 12, 2023
- ↑ 3.0 3.1 3.2 3.3 3.4 3.5 3.6 Lexis Nexis, "Colorado Revised Statutes: 1-40-106. Title board - meetings - ballot title - initiative and referendum - definitions.," accessed September 12, 2023
- ↑ In Colorado, constitutional amendments require a 55% vote of approval to be adopted, unless the proposed change encompasses only a repeal of a constitutional provision, in which case the 55% requirement does not apply.
- ↑ 5.0 5.1 Colorado Secretary of State, "Broadcasts and recordings," accessed September 12, 2023
