Colorado has statutory and constitutional initiatives, veto referendums, and legislatively referred amendments. The state constitution was amended in 2016 to make constitutional amendment a “more difficult” process and now requires a supermajority threshold for voter approval. All ballot measures must be submitted to voters at a regular general election. For all ballot measures, ballot language is prepared by a special board consisting of the Secretary of State, the Attorney General, and the Office of the Legislative Legal Services. In addition, a nonpartisan legislative research director is charged with making detailed information available about each state ballot measure. Judicial review of ballot language is available, though it is deferential to the board’s title decisions.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Colorado
Colorado has statutory and constitutional initiatives, veto referendums, as well as legislatively referred amendments.
√ Initiatives – Statutory
The people of Colorado have reserved the initiative power to propose and enact statutes. Colo. Const. art. V, § 1(1)–(2).
√ Initiatives – Constitutional
The people of Colorado also have the initiative power to propose and enact amendments to the state constitution. Colo. Const. art. V, § 1(1), (2.5). Constitutional amendments are subject to a 55% voter approval threshold. See id. art. XIX, § 2(1)(b).
√ Veto Referendums
Coloradans have the referendum power to require that any law passed by the legislature, or any section thereof, be put to a popular vote, except “as to laws necessary for the immediate preservation of the public peace, health, or safety, and appropriations for the support and maintenance of . . . state institutions.” Colo. Const. art. V, § 1(1) & (3).
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Colorado voters. Colo. Const. art. XIX, § 2. Constitutional amendments, including those proposed by the legislature, are subject to a 55% voter approval threshold unless they are repealing a constitutional provision. See id. § 2(1)(b).
Election Timing
The precise timing of an election on a ballot measure depends on the form of direct democracy, but all state ballot measures must be submitted to voters at a general election.
- An initiative or veto referendum must be submitted at a biennial regular general election. Const. art. V, § 1(4)(a)–(b).
- A legislatively referred amendment must be submitted at the “next general election for members of the general assembly” after it is approved by 2/3 of all members elected to each house of the legislature. Const. art. XIX, § 2(1)(a).
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for any Colorado ballot measure must contain the following information.
- Ballot title. Colo. Rev. Stat. § 1-40-115(1).
- The ballot title is prepared by the Title Board and certified for the ballot by the Secretary of State. See Rev. Stat. §§ 1-40-106, –122.
- The Title Board includes the Secretary of State, the Attorney General, and the Director of the Office of Legislative Legal Services, or their designees. Colo. Rev. Stat. § 1-40-106(1). The Board must act by majority vote. See id.
- The ballot title must “correctly and fairly express the true intent and meaning” of the measure; it must be brief and in the form of a yes or no question or similar; it must “unambiguously state the principle of the provision sought to be added, amended, or repealed”; additionally, the Title Board “shall consider the public confusion that might be caused by misleading titles.” See id. (3)(b). See also Colo. Const. art. V, § 1(5.5), art. XIX, § 2(3) (requiring that a measure’s subject be “clearly expressed” in the ballot title).
- (If applicable) For initiatives that either increase or decrease the individual income tax rate, the ballot title must include a table summarizing the fiscal impact across tax brackets, prepared by the director of research of the legislative council. Colo. Rev. Stat. §§ 1-40-106(3)(j), 1-40-105.5(1.5)(a)(V), 1-40-124.5(1)(b)(III).
- The ballot title is prepared by the Title Board and certified for the ballot by the Secretary of State. See Rev. Stat. §§ 1-40-106, –122.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
In addition to compiling the voter information booklet described below, the nonpartisan director of research of the legislative council must publish the full text, title, and ballot language of each measure that will be submitted to voters. Colo. Const. art. V, § 1(7.3); Colo. Rev. Stat. § 1-40-124. Publication must be made at least once in at least one publication of general circulation in each county, at least 15 days before the final date of voter registration. Id.
Voter Information Pamphlet
The nonpartisan legislative research director must compile a ballot information booklet containing the following information about each state ballot measure.
- The measure’s title. Const. art. V, § 1(7.5)(a)(I).
- The measure’s text.
- A fair and impartial analysis of the measure. Id. sub. (7.5)(a)(II).
- The analysis must include a summary of the major arguments for and against the measure, and any other information which may assist voters in understanding the purpose and effect of the measure.
- Any person may file written comments for consideration by the research staff during preparation of the analysis. Id. Before the booklet is finalized, the legislative research director must hold a public meeting, and may then modify the booklet in response to public comments. Colo. Rev. Stat. § 1-40-124.5(1.7)(a).
- Before any arguments are displayed, the booklet must include a link to the Secretary of State’s website providing additional information about each ballot measure. Id. sub. (1.7)(b)(II).
- An estimate of the fiscal effect of the measure. Colo. Rev. Stat. § 1-40-124.5(1)(b).
- The director of research of the legislative council shall prepare a summary of the fiscal impact, including a preliminary estimate of any change in state and government revenues, expenditures, taxes, or other fiscal liabilities. See id. (1)(b)(I); id. § 1-40-105.5 (1.5)(a)(I).(1.5)(a)(I).
- (If applicable) If the measure would change tax liabilities, a table showing exactly how the measure would impact the total tax burden for each income bracket. Colo. Rev. Stat. § 1-40-124.5(1)(b)(III).
While the booklet is compiled by the research director, the legislative council may modify the draft booklet with a 2/3 affirmative vote of the members of the legislative council. Colo. Rev. Stat. § 1-40-124.5(1.7)(a).
Once the booklet is finalized, the research director is charged with distribution, which must include mailing the booklet to all active registered voters at least 30 days before the election and may also include publishing it in a newspaper of general circulation subject to standard bidding processes. See Colo. Rev. Stat. § 1-40-124.5(2); Colo. Const. art. V, § 1(7.5)(b).
JUDICIAL REVIEW
When and how can the court step in?
A petition sponsor or any elector dissatisfied with a decision of the Title Board may file a challenge claiming the ballot title is unfair or that it does not fairly express the true meaning and intent of the proposed state law or constitutional amendment. Colo. Rev. Stat. § 1-40-107. This “motion for rehearing” must be filed within 7 days of the Title Board’s decision. Id. Judicial review is deferential to decisions of the Title Board. In re Title, Ballot Title, Submission Clause, Summary for 2005–2006 No. 73, 135 P.3d 736 (Colo. 2006).
Sample case: In re Title, Ballot Title, Submission Clause, Summary for 2005-2006 No. 73, 135 P.3d 736, 740 (Colo. 2006) (noting that the court reviews decisions of the Title Board with great deference and will only reverse the Board’s decision if the titles are insufficient, unfair, or misleading, and holding that details omitted from titles were not central features of the measure).