In re the Title, Ballot Title & Submission Clause, & Summary Pertaining to the Campaign & Political Finance Initiative Adopted on February 12, 1992

830 P.2d 954, 16 Brief Times Rptr. 864, 1992 Colo. LEXIS 460, 1992 WL 109651
CourtSupreme Court of Colorado
DecidedMay 26, 1992
DocketNo. 92SA99
StatusPublished
Cited by7 cases

This text of 830 P.2d 954 (In re the Title, Ballot Title & Submission Clause, & Summary Pertaining to the Campaign & Political Finance Initiative Adopted on February 12, 1992) 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
In re the Title, Ballot Title & Submission Clause, & Summary Pertaining to the Campaign & Political Finance Initiative Adopted on February 12, 1992, 830 P.2d 954, 16 Brief Times Rptr. 864, 1992 Colo. LEXIS 460, 1992 WL 109651 (Colo. 1992).

Opinion

PER CURIAM.

The petitioner, James L. Brandon (Brandon), a registered elector of the State of Colorado, challenges the title, ballot title and submission clause, and summary prepared by the Title Setting Board (the Board) for a proposed constitutional amendment concerning campaign and political finance pursuant to section 1-40-102(3)(a), IB C.R.S. (1991 Supp.). The respondents in this case are the proponents of the initiative and the Board. The proposed constitutional amendment is provided in appendix 1. The Board’s proposed title, ballot title and submission clause, and summary is provided in appendix 2.

The Board is vested with considerable discretion in setting the title, ballot title and submission clause, and summary. See In re Initiative Concerning Limited Gaming in Manitou Springs, Fairplay and in Airports, 826 P.2d 1241,1245 (Colo. 1992). “[I]n reviewing actions of the board we will give great deference to the board’s broad discretion in the exercise of its drafting authority.” In re Initiative Concerning State Personnel System, 691 P.2d 1121, 1125 (Colo.1984). Only when language used by the Board is clearly misleading “should its action be set aside as invalid.” See In re Limited Gaming, 826 P.2d at 1245. Otherwise, we will not interfere with the Board’s choice of language.

Guided by these principles, we affirm the Board’s ruling without opinion, pursuant to C.A.R. 35(e) (any judgment may be affirmed without opinion).

APPENDIX 1

PETITION TO INITIATE

To: The Honorable Natalie Meyer, Secretary of the State of Colorado

We the undersigned, registered voters of the State of Colorado, do hereby respectfully order and demand that; The following proposed AMENDMENT TO THE COLORADO CONSTITUTION shall be submitted to the legal voters of the state for their adoption or rejection at the polls at the next general election to be held on Tuesday, the third day of November, 1992, and each of the signers hereto says:

I sign this petition in my own proper person only, I am a registered voter of the State of Colorado, my residence address and the date of my signing this petition are correctly written immediately after my name, and I do hereby designate the following persons to represent me in all matters affecting this petition:

Eric Perryman, 1111 Gaylord Street, Denver, Colorado 80206 (303) 861-7670

Virginia L. Dennis, 1530 Whippoorwill Drive, Lakewood, Colorado 80215 (303) 237-1448

[955]*955Eric W. Boyer, 13890 East Marina Drive # 101, Aurora, Colorado 80014

Robert D. Shellenberger, 20627 Catclaw Court, Johnstown, Colorado 80534

Charles G. Michaels, 1265 Race Street, # 204, Denver, Colorado 80203

The title as designated and fixed by the Board is as follows:

RECEIVED

JAN. 20 1992

ELECTIONS/LICENSING

SECRETARY OP STATE-

Be It Enacted by the People of the State of Colorado:

ARTICLE XXVII

CAMPAIGN AND POLITICAL FINANCE

Section 1. Definitions. “Candidate committee” means a person or persons with the common purpose of receiving contributions and making expenditures on behalf of a person, or candidate, running for public office.

“Commission” means the campaign and political finance commission.

“Contribution” means a gift, loan, pledge, or advance of money or a guarantee of a loan made to or for any candidate, candidate committee or political committee for the purpose of influencing the passage or defeat of any issue or the nomination, retention, election, or defeat of any candidate. “Contribution” includes a gift of money to or for any incumbent, or person holding public office, the purpose of which is to compensate the officeholder for public service or to help defray the officeholder’s expenses incident thereto but which are not covered by official compensation; the payment of any money by any person, other than a political committee working on a candidate’s behalf, for political services rendered to the candidate, candidate committee or political committee; any payment made to third parties at the request of or with the prior knowledge of a candidate, candidate committee, political committee, or agent of either; and any payment made after an election to meet any deficit or debt incurred during the course of the campaign. “Contribution” does not include services provided without compensation by individuals volunteering their time on behalf of a candidate or political committee. Any transfer of money between political committees is an expenditure by the political committee which dispenses the money and is a contribution to the political committee which receives the money.

“Election cycle” means the period of time beginning no earlier than the day after a general election for any elected office and ending on midnight of the next general election day for such office.

“Independent expenditure” means payment of money by a natural person or political committee for the purpose of advocating the election or defeat of a candidate or the approval or rejection of an issue, which expenditure is not controlled by, coordinated with, or made upon consultation with, any candidate for public office or political committee formed solely to seek passage or defeat of any issue, or agent of such candidate or committee.

“Political committee” means any person or persons, other than a single natural person, who makes or receives contributions or contributions in kind, or makes expenditures to support or oppose a candidate for public office or the passage or defeat of any issue at any election or making expenditures to support or oppose any political party or political organization.

“Political party” means any political organization which at the last preceding gubernatorial election was represented on the official ballot either by the organization’s own candidates or by individual nominees only if votes cast for its gubernatorial candidate were at least ten percent of the total gubernatorial vote cast in the state at such election, or any person or persons, other than a single natural person, in any way affiliated with the political party at any level.

“Trust fund” means the election campaign financing trust fund.

[956]*956Section 2. Voluntary campaign spending limits. (1) Any candidate for elected public office may certify to the commission that the following spending limits shall not be exceeded by the candidate or candidate’s committee:

(a) Each candidate for governor shall not allow expenditures by the candidate or candidate’s committee exceeding seven hundred and fifty thousand dollars for any primary or general election.

(b) Each candidate for lieutenant governor shall prohibit expenditures by the candidate or candidate’s committee exceeding one hundred fifty thousand dollars for any primary election. The spending limit for candidates for the offices of governor and lieutenant governor on the same ticket in a general election shall not exceed the spending limit applicable for the office of governor.

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830 P.2d 954, 16 Brief Times Rptr. 864, 1992 Colo. LEXIS 460, 1992 WL 109651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-title-ballot-title-submission-clause-summary-pertaining-to-colo-1992.