Help us improve in just 2 minutes—share your thoughts in our reader survey.

Colorado Treatment of Animals Initiative (2022)

From Ballotpedia
Jump to: navigation, search
Colorado Treatment of Animals Initiative
Flag of Colorado.png
Election date
November 8, 2022
Topic
Treatment of animals
Status
Not on the ballot
Type
State statute
Origin
Citizens

The Colorado Treatment of Animals Initiative (#16) was not on the ballot in Colorado as an initiated state statute on November 8, 2022.

Proponents referred to the measure as the PAUSE (Protect Animals from Unnecessary Suffering and Exploitation) initiative.[1]

Measure design

The initiative would have done the following:[2]

  • amend state law regarding the treatment of animals;
  • add fish to the definition of livestock;
  • amend the definition of sexual act with an animal; and
  • define the natural lifespan for certain animals in state law.


Text of measure

Ballot title

The ballot title for Initiative #16 would have been as follows:[2]

Shall there be a change to the Colorado Revised Statutes concerning expanding prohibitions against cruelty to animals, and, in connection therewith, expanding the definition of “livestock” to include fish; expanding the definition of “sexual act with an animal” to include intrusion or penetration into an animal’s anus or genitals with an object or part of a person’s body and allowing an exception only for care to improve the animal’s health and eliminating the existing exception for animal husbandry practices; defining the “natural lifespan” for certain species of livestock and providing that slaughtering those animals is not animal cruelty if done according to acceptable animal husbandry practices after the animal has lived 1/4 of the natural lifespan; removing several exceptions to the animal cruelty statutes, including exceptions for animal husbandry; and providing that, in case of a conflict, the cruelty to animals statutes supersede statutes concerning animal care?[3]

Full text

Support

Colorado Pause sponsored the initiative.[4]

Opposition

Opponents

  • Coloradans for Animal Care[5][6]
  • Colorado Farm Bureau[5]
  • Colorado Egg Producers[6]
  • Colorado Horse Council[6]
  • Livestock Marketing Association[6]
  • Rocky Mountain Farmers Union[6]

Path to the ballot

See also: Laws governing the initiative process in Colorado

The state process

In Colorado, the number of signatures required to qualify an initiated state statute for the ballot is equal to 5 percent of the total number of votes cast for the office of Colorado secretary of state in the preceding general election. State law provides that petitioners have six months to collect signatures after the ballot language and title are finalized. State statutes require a completed signature petition to be filed three months and three weeks before the election at which the measure would appear on the ballot. The Constitution, however, states that the petition must be filed three months before the election at which the measure would appear. The secretary of state generally lists a date that is three months before the election as the filing deadline.

The requirements to get an initiated state statute certified for the 2022 ballot:

The secretary of state is responsible for signature verification. Verification is conducted through a review of petitions regarding correct form and then a 5 percent random sampling verification. If the sampling projects between 90 percent and 110 percent of required valid signatures, a full check of all signatures is required. If the sampling projects more than 110 percent of the required signatures, the initiative is certified. If less than 90 percent, the initiative fails.

Details about this initiative

  • Alexander Sage and Brent Johannes filed the initiative on February 2, 2021. A ballot title was set for it on March 17, 2021.[2]
  • Signatures for the initiative were due on October 18, 2021.[2]
  • The Colorado Supreme Court unanimously ruled on June 21, 2021, that the measure violates Colorado's single-subject rule. Opponents of the initiative, Coloradans for Animal Care, had filed a motion with the Colorado Supreme Court in which it alleged that the initiative's ballot language is misleading and incomplete and that the initiative violates the state's single-subject rule that requires initiatives to include one subject. [7]

Ballot language lawsuit

  
Lawsuit overview
Issue: Whether the ballot language is misleading; whether the measure adheres to the state's single-subject rule
Court: Colorado Supreme Court
Ruling: Ruled in favor of plaintiffs
Plaintiff(s): Coloradans for Animal Care, opponents of the initiativeDefendant(s): The Colorado Title Board
Plaintiff argument:
The ballot language is misleading and incomplete; the initiative includes multiple subjects
Defendant argument:
Unknown

  Source: The Fence Post

Opponents of the initiative, Coloradans for Animal Care, filed a motion with the Colorado Supreme Court alleging that the initiative's ballot language is misleading and incomplete and that the initiative violates the state's single-subject rule that requires initiatives to include one subject. Carlyle Currier, president of the Colorado Farm Bureau, said, "We’re confident that the court will agree that this amalgamation of ideas called Initiative 16 deals with multiple subjects and find that the title contains inflammatory language designed by the proponents to tip the scales and sway votes. Both are a failure of the title board to uphold the legal standards set forth in the Constitution and state statute."[6]

On June 21, 2021, the Colorado Supreme Court unanimously ruled that the measure violate's Colorado's single-subject rule because the initiative's expansion of the definition of sexual act with an animal "would criminalize additional conduct regardless of whether that conduct is directed at livestock or other animals."[7]

See also

External links

Footnotes