In re the Title, Ballot Title & Submission Clause, & Summary for a Petition on School Finance

875 P.2d 207, 18 Brief Times Rptr. 985, 1994 Colo. LEXIS 500, 1994 WL 241621
CourtSupreme Court of Colorado
DecidedJune 6, 1994
DocketNo. 94SA118
StatusPublished
Cited by9 cases

This text of 875 P.2d 207 (In re the Title, Ballot Title & Submission Clause, & Summary for a Petition on School Finance) 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.

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In re the Title, Ballot Title & Submission Clause, & Summary for a Petition on School Finance, 875 P.2d 207, 18 Brief Times Rptr. 985, 1994 Colo. LEXIS 500, 1994 WL 241621 (Colo. 1994).

Opinion

Justice VOLLACK

delivered the Opinion of the Court.

The petitioner Douglas Bruce (Bruce), a registered elector of the State of Colorado, challenges the title, ballot title and submission clause, and summary prepared by the Title Setting Review Board (the Board) for a proposed initiative amendment to the Colorado Constitution concerning school finance pursuant to section 1^40-107(2), IB C.R.S. (1993 Supp.). The respondents in this case are the proponents of the initiative.1

The proposed initiative would amend Article IX of the Colorado Constitution by adding two new sections, Section 17 — Operation of Public Schools, and Section 18 — Financial Base of Support for Public Schools. The proposed initiative establishes a consistent level of state funding for public schools over the next ten years. The initiative increases actual hours for student-teacher instruction and contact time, and establishes standards for district planning and teacher professional development time. The initiative also sets a minimum level of state funding for preschool, adult education, worker training and youth apprenticeship programs; limits school district spending on administrative services; and mandates minimum school district spending on instructional personnel. The proposed constitutional amendment is provided in appendix 1, and the Board’s proposed title, ballot title and submission clause, and summary are provided in appendix 2. We .affirm the Board’s ruling.

I.

Bruce argues that the title, ballot title and submission clause, and summary are misleading and do not fairly express the true meaning and intent of the proposed constitutional amendment. Bruce further asserts that the Board failed to disclose the alleged irrepeala-bility of the initiative during the effective ten-year period; that the initiative may violate several provisions of the United States Constitution and the Colorado Constitution; that the statutory limit on the size and cost of state government is repealed for all purposes and not just school funding; that sec[210]*210tion 18(4) of the proposed initiative allegedly conflicts with section 18(6) of the proposed initiative; and that the fiscal impact statement did not include all of the specific financial information provided by the Office of State Planning and Budgeting.2

The Board is vested with considerable discretion in setting the title, ballot title and submission clause, and summary. See In re Proposed Initiated Constitutional Amendment Concerning Limited Gaming in Manitou Springs, Fairplay and in Airports, 826 P.2d 1241, 1245 (Colo.1992). In reviewing determinations by the Board, we will not address the merits of the proposed initiative; instead, we give great deference to the Board’s action in exercising its drafting authority. In re Campaign and Political Finance Initiative, 830 P.2d 954 (Colo.1992) (citing In re Proposed Initiative Concerning “State Personnel System”, 691 P.2d 1121, 1125 (Colo.1984)). We will only set aside the Board’s action as invalid when the language used by the Board is clearly misleading. In re Campaign and Political Finance Initiative, 830 P.2d at 954 (citing In re Proposed Initiated Constitutional Amendment Concerning Limited Gaming in Manitou Springs, Fairplay and in Airports, 826 P.2d at 1245). Otherwise, this court will “not interpret the meaning of the proposed language or suggest how it will be applied if adopted by the electorate.” In re Proposed Election Reform Amendment, 852 P.2d 28, 31-32 (Colo.1993); In re Workers Comp Initiative, 850 P.2d 144, 146 (Colo.1993).

Newcomb and Brown submitted their proposed amendment to the Board which fixed the title, ballot title and submission clause, and summary. After the Board’s initial hearing, Bruce filed a timely motion for rehearing with the Secretary of State. At the conclusion of the rehearing, the Board accepted some of the modifications proposed by Bruce and set the title, ballot title and submission clause, and summary. Bruce then filed this original proceeding for review of the Board’s action. See § 1-40-107(2), IB C.R.S. (1993 Supp.).

II.

Bruce first argues that the Board had a duty to reveal in the title, ballot title and submission clause, and summary the alleged irrepealability of the initiative during the effective ten-year period. Bruce further asserts that the alleged irrepealability of the proposed initiative conflicts with federal constitutional guarantees of a “republican form of self government.”

Section 18(6) of the proposed initiative reads:

Section 24-75-201.1(l)(a), Colorado Revised Statutes, is repealed. Any provision of the Colorado Constitution or statutes currently existing or hereafter enacted that limits the collection and spending of revenues by the state or by public school districts shall not be applicable to the appropriation and payment by the general assembly of the amounts specified in this section or to the receipt and spending of such amounts by public school districts, and shall be superseded hereby.

The Board need not consider and resolve potential or theoretical disputes or determine the meaning or application of the proposed amendment. Neither does the Board have a duty to include in the summary the effect that the proposed initiative may have on other constitutional and statutory provisions. In re Proposed Election Reform Amendment, 852 P.2d at 33. The Board’s duty is merely to summarize the central features of the initiated measure in the title, ballot title and submission clause, and summary in a clear and concise manner. Id. at 32.

Our review of the Board’s action is limited to whether the title, ballot title and submission clause, and summary fairly reflect the intent of the initiative so that petition signers and voters will not be misled into support for or against a proposition by reason of the words employed by the Board. In re Workers Comp Initiative, 850 P.2d at 146.

Section 18(6) does not state anywhere that the proposed new sections 17 and 18 are [211]*211“irrepealable.” Rather, it states that, for a ten-year period, any conflicts between the measure and subsequent constitutional or statutory measures should be resolved in favor of the proposed initiative.

Bruce fails to provide any evidence of an intent by the proponents of the present proposal to effect an irrepealability clause.3 The only evidence cited by Bruce to show such an intent is a telephone conversation in which Newcomb allegedly admitted to Bruce that irrepealability was the intent.

We reject Bruce’s initial challenge to the title, ballot title and submission clause, and summary, as fixed by the Board.

III.

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875 P.2d 207, 18 Brief Times Rptr. 985, 1994 Colo. LEXIS 500, 1994 WL 241621, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-title-ballot-title-submission-clause-summary-for-a-petition-colo-1994.