In re the Title, Ballot Title & Submission Clause, & Summary

757 P.2d 132, 12 Brief Times Rptr. 904, 1988 Colo. LEXIS 227
Supreme Court of Colorado·Decided June 6, 1988·No. No. 88SA113·Published·Cited by 1 cases

Opinion

ROVIRA, Justice.

In this original proceeding petitioners1 seek review of the Initiative Title Setting Review Board’s (Board)2 denial of their motion for rehearing concerning the Board’s designation of a title, ballot title and submission clause, and summary of a proposed constitutional amendment initiated by Colorado Taxpayers for Choice, Inc. (Colorado Taxpayers). We affirm.

I.

The Colorado Constitution guarantees the right of the people to initiate constitutional amendments. Colo. Const, art. V, § 1. The statutes implementing initiative procedures require that an initiator submit the original draft of the initiative to the directors of the legislative council and the legislative drafting office, who review the draft and provide comments to the initiator. § 1-40-101(1), IB C.R.S. (1987 Supp.). The initiator must then submit the initiative (with or without changes to the original draft) to the Board, which designates a title, a ballot title and submission clause, and a summary of the initiative.3 § 1-40-101(2), IB C.R.S. (1980).

An elector other than the initiator who is not satisfied with the Board’s action may move for a rehearing before the Board on the grounds that the title, ballot title and submission clause, and summary are “unfair or ... do not clearly express the true meaning and intent of the proposed law or constitutional amendment.” § 1-40-102(3), IB C.R.S. (1987 Supp.).4 If the Board denies the petition for rehearing, the party challenging the Board’s action may seek review before this court. §§ 1-40-101(3) & -102(3), IB C.R.S. (1980 & 1987 Supp.).

On February 19, 1988, Colorado Taxpayers submitted the following initiative to the secretary of state pursuant to section 1-40-101(2), IB C.R.S. (1980):

The following language is our draft text for a proposed initiated Amendment to repeal Article V, Section 50 of the Colorado Constitution. This text would replace existing Article V, Section 50 of the Colorado Constitution, and read as follows:
Article V
Section 50. Use of public funds for termination of pregnancy. The State, its agencies, institutions, and political subdivisions, shall not prohibit the use of public funds for medical services for a woman, solely because of her choice of whether or not to continue her pregnancy.

On March 2, 1988, the Board issued the following order as required by section 1-40-101(2):

The title as designated and fixed by the Board is as follows:
AN AMENDMENT TO REPEAL ARTICLE V, SECTION 50 OF THE COLORADO CONSTITUTION AND TO PROVIDE INSTEAD THAT THE STATE AND ITS AGENCIES, INSTITUTIONS, AND POLITICAL SUBDIVISIONS SHALL NOT PROHIBIT THE USE OF PUBLIC FUNDS FOR MEDICAL SERVICES FOR A WOMAN SOLELY BECAUSE OF HER CHOICE OF WHETHER OR NOT TO CONTINUE HER PREGNANCY.
[134] The ballot title and submission clause as designated and fixed by the Board is as follows:
SHALL THERE BE AN AMENDMENT TO REPEAL ARTICLE V, SECTION 50 OF THE COLORADO CONSTITUTION AND TO PROVIDE INSTEAD THAT THE STATE AND ITS AGENCIES, INSTITUTIONS, AND POLITICAL SUBDIVISIONS SHALL NOT PROHIBIT THE USE OF PUBLIC FUNDS FOR MEDICAL SERVICES FOR A WOMAN SOLELY BECAUSE OF HER CHOICE OF WHETHER OR NOT TO CONTINUE HER PREGNANCY?
The summary prepared by the Board is as follows:
In the place of the existing prohibition on the use of public funds for abortions, this amendment would enact a provision that the state and its agencies, institutions, and political subdivisions shall not prohibit the use of public funds for medical services for a woman solely because of her choice of whether or not to continue her pregnancy.

Petitioners objected to the order, but following a hearing on April 4, 1988, the Board denied the petitioners’ motion for rehearing.

II.

Petitioners contend that the title, ballot title and submission clause, and summary are invalid for two reasons: First, they contain a substantive provision not. contained in the initiative submitted; and second, they do not express the true meaning and intent of the proposed constitutional amendment.

A.

The title, ballot title and submission clause, and summary designated by the Board must satisfy the standards set by the legislature. The title must “correctly and fairly express the true intent and meaning” of the initiative. § 1-40-101(2), IB C.R.S. (1980). The ballot title and submission clause must “unambiguously state the principle of the provision sought to be added, amended, or repealed.” Id. Finally, the summary must be “a true and impartial statement of the intent of the proposed law or constitutional amendment and shall not be an argument, nor likely to create prejudice, either for or against the measure.” Id.

Our review of Board actions has consistently been guided by the following principles:

(1) [W]e must not in any way concern ourselves with the merit or lack of merit of the proposed amendment since, under our system of government, that resolution rests with the electorate; (2) all legitimate presumptions must be indulged in favor of the propriety of the board’s action; and (3) only in a clear case should a title prepared by the board be held invalid.

Free access — add to your briefcase to read the full text and ask questions with AI

In re the Title, Ballot Title & Submission Clause, & Summary, 757 P.2d 132, 12 Brief Times Rptr. 904, 1988 Colo. LEXIS 227 (Colo. 1988).

757 P.2d 132 (In re the Title, Ballot Title & Submission Clause, & Summary) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Matter of Proposed Constitutional Amend.
757 P.2d 132 (Supreme Court of Colorado, 1988)