Feazel v. Martinez

910 P.2d 21, 20 Brief Times Rptr. 38, 1996 Colo. LEXIS 9, 1996 WL 19373
CourtSupreme Court of Colorado
DecidedJanuary 22, 1996
DocketNo. 95SA364
StatusPublished
Cited by11 cases

This text of 910 P.2d 21 (Feazel v. Martinez) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Feazel v. Martinez, 910 P.2d 21, 20 Brief Times Rptr. 38, 1996 Colo. LEXIS 9, 1996 WL 19373 (Colo. 1996).

Opinions

Justice KIRSHBAUM

delivered the Opinion of the Court.

Petitioners Elizabeth T. Feazel, Jeanne Marie Foster, Regas K. Halandras, William C. Hall, Michael Leo Hogue, Robert Goetz Hohnholz, and Gertrude E. Young (the objectors) have filed a petition pursuant to section [23]*231 — 40-107(2), IB C.R.S. (1995 Supp.), seeking review of the action of the Initiative Title Setting Board (the Board) in setting the title, ballot title and submission clause, and summary for an amendment to article XVI of the Colorado Constitution (the Initiative) proposed by respondents Randolph L. Martinez and David M. Bryans (the proponents).1 The Initiative, captioned “Proposed Initiative on ‘Trespass-Streams with Flowing Water,’” proposes the addition of a section to the Colorado Constitution abrogating criminal prosecution for trespass upon the water within and the stream bed of any nonnavigable fresh water stream when such stream is covered with flowing water. The Initiative expressly prohibits travel upon or within any stream bed while in or upon a motor powered vehicle. The text of the Initiative is attached hereto as APPENDIX A. The texts of the title, ballot title and submission clause, and summary prepared by the Board, as well as the text of the caption, are attached hereto as APPENDIX B.

The objectors argue that the caption, title, and ballot title and submission clause are misleading and fail to correctly and fairly express the true intent and meaning of the Initiative. In addition, they contend that the fiscal impact statement contained in the summary is incomplete. We approve the action of the Board.

I

On October 18, 1995, the Board set a title, ballot title and submission clause, and summary for the Initiative. On October 25,1995, the objectors filed a motion for rehearing pursuant to section 1-40-107(1), IB C.R.S. (1995 Supp.), alleging that the caption, title and ballot title and submission clause did not fully express the true intent and meaning of the Initiative. The objectors also contended that the summary did not reflect the true intent and meaning of the Initiative because the fiscal impact statement contained therein was incomplete and because the summary as written by the Board inappropriately characterized the scope of the Initiative as relating only to trout streams. The Board granted the objectors’ motion and on November 1, 1995, after the rehearing, the Board amended only the summary by adding two sentences concerning the impact of the Initiative on other types of streams.

II

In order to aid electors in the exercise of their right to initiate constitutional amendments, the Board has a duty to designate and fix a title, a ballot title and submission clause, and a summary for initiated petitions before they are signed by electors. § 1-40-106(3), IB C.R.S. (1995 Supp.); In re Proposed Initiative on Sch. Pilot Program, 874 P.2d 1066, 1069 (Colo.1994); see Colo. Const. art. V, § 1. The purpose of the title setting process is to ensure that persons reviewing the initiative petition and voters are fairly advised of the import of the proposed amendment. In re Proposed Initiative on Sch. Pilot Program, 874 P.2d at 1070.

The scope of our review of action taken by the Board is limited to ensuring that “the title, ballot title and submission clause, and summary fairly reflect the proposed initiative so that petition signers will not be misled into support for or against a proposition by reason of the words employed by the Board.” Id. at 1070. In conducting such review we will engage in all legitimate presumptions in favor of the propriety of the Board’s action. In re Proposed Petition for an Amendment to the Constitution of the State of Colorado Adding Section 2 to Article VII (Petition Procedures), 900 P.2d 104, 108 (Colo.1995).

III

The objectors contend that the language of the caption, title, and ballot title and submission clause does not correctly and fairly express the true intent and meaning of the [24]*24Initiative and may therefore mislead voters. We disagree.

The title and the ballot title and submission clause of a proposed constitutional amendment must fairly express the true intent and meaning of that amendment. § l-40-106(3)(b), 1B C.R.S. (1995 Supp.); In re Proposed Petition for an Amendment to the Constitution of the State of Colorado Adding Section 2 to Article VII (Petition Procedures), 900 P.2d at 108. The title must consist of a brief statement accurately reflecting the central features of the proposed measure. In re Proposed Petition on Campaign and Political Fin., 877 P.2d 311, 313 (Colo.1994). The title and ballot title and submission clause must “unambiguously state the principle of the provision sought to be added, amended, or repealed.” § 1-40-106(3)(b), 1B C.R.S. (1995 Supp.). In setting a title, the Board is required to 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’ or W vote will be unclear.” Id.; In re Proposed Initiated Constitutional Amendment Concerning Limited Gaming in the City of Antonito, 873 P.2d 733, 739 (Colo.1994). The language employed by the Board will be rejected only if such language is misleading, inaccurate, or fails to reflect the central features of the proposed measure. In re Proposed Initiated Constitutional Amendment Concerning Limited Gaming in the City of Antonito, 873 P.2d at 739-40. The title set by the Board should be invalidated only in a clear case. In re Proposed Tobacco Tax Amendment 1994, 872 P.2d 689, 694 (Colo.1994).

A

The objectors contend that the words “Trespass-Streams with Flowing Water” contained in the caption erroneously imply that the Initiative relates only to conduct occurring on the surface of flowing water.2 In response, the Board argues that this court has jurisdiction only to review the title, ballot title and submission clause and summary and may not review the caption because the caption is set by the Secretary of State (the Secretary), not by the Board, and because the Board did not take any action concerning the accuracy and completeness of the caption. The proponents argue only that the caption is not misleading.

As a preliminary matter, we note that the Board has supplied this court with no statute, regulation, rule, or other authority in support of the proposition that this court may not review the caption created by the Secretary.3 The document prepared and issued by the Board contains the caption as well as the title, the ballot title and submission clause, and the summary. See APPENDIX B. Thus, the Board has in fact incorporated the language of the caption in its own product.

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Bluebook (online)
910 P.2d 21, 20 Brief Times Rptr. 38, 1996 Colo. LEXIS 9, 1996 WL 19373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/feazel-v-martinez-colo-1996.