Section 1-40-106 - Title board - meetings - ballot title - initiative and referendum - definitions(1) For ballot issues, beginning with the first submission of a draft after an election, the secretary of state shall convene a title board consisting of the secretary of state, the attorney general, and the director of the office of legislative legal services or their designees. The title board, by majority vote, shall proceed to designate and fix a proper fair title for each proposed law or constitutional amendment, together with a submission clause, at public meetings to be held at the hour determined by the title board on the first and third Wednesdays of each month in which a draft or a motion for reconsideration has been submitted to the secretary of state. To be considered at such meeting, a draft shall be submitted to the secretary of state no later than 3 p.m. on the twelfth day before the meeting at which the draft is to be considered by the title board, and the designated representatives of the proponents must comply with the requirements of subsection (4) of this section. The first meeting of the title board shall be held no sooner than the first Wednesday in December after an election, and the last meeting shall be held no later than the third Wednesday in April in the year in which the measure is to be voted on.(2) (Deleted by amendment, L. 95, p. 431, § 4, effective May 8, 1995.)(3)(a) (Deleted by amendment, L. 2000, p. 1620, § 1, effective August 2, 2000.)(b) In setting a title, the title board shall consider the public confusion that might be caused by misleading titles and shall, whenever practicable, avoid titles for which the general understanding of the effect of a "yes/for" or "no/against" vote will be unclear. The title for the proposed law or constitutional amendment, which shall correctly and fairly express the true intent and meaning thereof, together with the ballot title and submission clause, shall be completed, except as otherwise required by section 1-40-107, within two weeks after the first meeting of the title board. Immediately upon completion, the secretary of state shall deliver the same with the original to the designated representatives of the proponents, keeping the copy with a record of the action taken thereon. Ballot titles shall be brief, shall not conflict with those selected for any petition previously filed for the same election, and, shall be in the form of a question which may be answered "yes/for" (to vote in favor of the proposed law or constitutional amendment) or "no/against" (to vote against the proposed law or constitutional amendment) and which shall unambiguously state the principle of the provision sought to be added, amended, or repealed.(c) In order to avoid confusion between a proposition and an amendment, as such terms are used in section 1-5-407 (5)(b), the title board shall describe a proposition in a ballot title as a "change to the Colorado Revised Statutes" and an amendment as an "amendment to the Colorado constitution".(d) A ballot title for a statewide referred measure must be in the same form as a ballot title for an initiative as required by paragraph (c) of this subsection (3).(e) For measures that reduce state tax revenue through a tax change, the ballot title must begin "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 ballot measure specifies the public services or programs that are to be reduced by the tax change, those public services or programs must be stated in the ballot title. If the public services or programs identified in the measure are insufficient to account for the full dollar value of the tax change in the first full fiscal year that the measure reduces revenue, then the three largest areas of program expenditure must be stated in the bill title along with the public services or programs identified in the measure. The estimates reflected in the ballot title shall not be interpreted as restrictions of the state's budgeting process.(f) For measures that reduce local district property tax revenue through a tax change, the ballot title must begin "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...?". The title board shall exclude any districts whose property tax revenue would not be reduced by the measure from the measure's ballot title. The estimates reflected in the ballot title shall not be interpreted as restrictions of a local district's budgeting process.(g) For measures that increase tax revenue for any district through a tax change and specify the public services to be funded by the increased revenue, after the language required by section 20 (3)(c) of article X of the state constitution, the ballot title shall state "in order to increase or improve levels of public services, including, but not limited to (the public service specified in the measure)...". For measures that increase tax revenue for any district through a tax change and do not specify the public services to be funded by the increased revenue, after the language required by section 20 (3)(c) of article X of the state constitution, the ballot title shall state "in order to increase or improve levels of public services...". The estimates reflected in the ballot title shall not be interpreted as restrictions of a district's budgeting process.(h) In determining whether a ballot title qualifies as brief for purposes of section 1-40-102 (10) and subsection (3)(b) of this section, the language required by subsection (3)(e), (3)(f), (3)(g), or (3)(j) of this section may not be considered.(i) As used in this subsection (3), unless the context otherwise requires:(I) "Areas of program expenditure" means categories of spending by issue area. For state expenditures, "the three largest areas of program expenditure" refers to the three program types listed as receiving the largest general fund operating appropriations in the joint budget committee's annual appropriations report for the most recent fiscal year.(II) "Tax change" means any initiated ballot issue or initiated ballot question that has a primary purpose of lowering or increasing tax revenues collected by a district, including a reduction or increase of tax rates, mill levies, assessment ratios, or other measures, including matters pertaining to tax classification, definitions, credits, exemptions, monetary thresholds, qualifications for taxation, or any combination thereof, that reduce or increase a district's tax collections. "Tax change" does not mean an initiated ballot issue or initiated ballot question that results in a decrease or increase in revenue to a district in which such decrease or increase is incidental to the primary purpose of the initiated ballot issue or initiated ballot question.(j) A ballot title for a measure that either increases or decreases the individual income tax rate must, if applicable, include the table created for the fiscal summary pursuant to section 1-40-105.5 (1.5)(a)(V).(3.5) For every proposed constitutional amendment, the title board shall determine whether the proposed constitutional amendment only repeals in whole or in part a provision of the state constitution for purposes of section 1 (4)(b) of article V of the state constitution. The secretary of state shall keep a record of the determination made by the title board.(4)(a) Each designated representative of the proponents shall appear at any title board meeting at which the designated representative's ballot issue is considered.(b) Each designated representative of the proponents shall certify by a notarized affidavit that the designated representative is familiar with the provisions of this article, including but not limited to the prohibition on circulators' use of false addresses in completing circulator affidavits and the summary prepared by the secretary of state pursuant to paragraph (c) of this subsection (4). The affidavit shall include a physical address at which process may be served on the designated representative. The designated representative shall sign and file the affidavit with the secretary of state at the first title board meeting at which the designated representative's ballot issue is considered.(c) The secretary of state shall prepare a summary of the designated representatives of the proponents' responsibilities that are set forth in this article.(d) The title board shall not set a title for a ballot issue if either designated representative of the proponents fails to appear at a title board meeting or file the affidavit as required by paragraphs (a) and (b) of this subsection (4). The title board may consider the ballot issue at its next meeting, but the requirements of this subsection (4) shall continue to apply.(e) The secretary of state shall provide a notary public for the designated representatives at the title board meeting.Amended by 2022 Ballot Proposition GG, passed by voters in 11/8/2020 election, eff. upon official proclamation by governor, 12/27/2022.Amended by 2022 Ch. 508, § 3, eff. 12/27/2022.Amended by 2021 Ch. 474, § 3, eff. 7/7/2021.Amended by 2017 Ch. 169, § 1, eff. 8/9/2017.L. 93: Entire article amended with relocations, p. 679, § 1, effective May 4. L. 95: (1), (2), and (3)(a) amended, p. 431, § 4, effective May 8. L. 2000: (3) amended, p. 1620, § 1, effective August 2. L. 2004: (1) amended, p. 756, § 1, effective May 12. L. 2009: (1) amended, (HB 09-1326), ch. 1170, p. 1170, § 4, effective July 1. L. 2011: (1) and (3)(b) amended and (4) added, (HB 11-1072), ch. 1102, p. 1102, § 3, effective August 10. L. 2012: (1) and (3)(b) amended, (HB 12-1313), ch. 510, p. 510, § 1, effective April 26; (3)(c) and (3)(d) added, (HB 12 -1089), ch. 241, p. 241, § 2, effective May 1; (3)(b) amended, (HB 12 -1089), ch. 241, p. 241, § 2, effective 1/1/2013. L. 2017: (3.5) added, (SB 17-152), ch. 616, p. 616, § 1, effective August 9. (1) This section is similar to former § 1-40-101 as it existed prior to 1993, and the former § 1-40-106 was relocated.
(2) Amendments to subsection (3)(b) by House Bill 12-1089 and House Bill 12-1313 were harmonized.
(3) This section was amended by SB 22-222. That bill contained a referendum clause and was approved by a vote of the registered electors of the state of Colorado on November 8, 2022. The amended version of this section took effect upon the proclamation of the Governor, December 27, 2022. The vote count for the measure was as follows:
YES: 1,704,757
NO: 665,476
2022 Ch. 508, was passed without a safety clause. See Colo. Const. art. V, § 1(3). (1) For the general assembly, powers, and initiative and referendum reserved to the people, see also § 1 of art. V, Colo. Const.; for recall from office, see art. XXI, Colo. Const. (2) For the legislative declaration in the 2011 act amending subsections (1) and (3)(b) and adding subsection (4), see section 1 of chapter 255, Session Laws of Colorado 2011. For the legislative declaration in the 2012 act amending subsection (3)(b) and adding subsections (3)(c) and (3)(d), see section 1 of chapter 70, Session Laws of Colorado 2012. (3) For the short title ("Ballot Measure Fiscal Transparency Act of 2021") in HB 21-1321, see section 1 of chapter 474, Session Laws of Colorado 2021.