In the Matter of the Title, Ballot Title, and Submission Clause for Proposed Initiative 2025-2026 241 v. Tanya Nathan and Lindsey Rasmussen, Robert Balink, and Michael Dohr, Theresa Conley, and Kurt Morrison, Title Board In the Matter of the Title, Ballot Title, and Submission Clause for Proposed Initiative 2025-2026 242 Robert Balink, Petitioner: v. Tanya Nathan and Lindsey Rasmussen, and Michael Dohr, Theresa Conley, and Kurt Morrison, Title Board In the Matter of the Title, Ballot Title, and Submission Clause for Proposed Initiative 2025-2026 328 John Brackney and Robyn Carnes v. Colorado Ballot Title Setting Board, and Michael Dohr, Theresa Conley, and Kurt Morrison, Title Board

CourtSupreme Court of Colorado
DecidedJune 29, 2026
Docket26SA122
StatusPublished

This text of In the Matter of the Title, Ballot Title, and Submission Clause for Proposed Initiative 2025-2026 241 v. Tanya Nathan and Lindsey Rasmussen, Robert Balink, and Michael Dohr, Theresa Conley, and Kurt Morrison, Title Board In the Matter of the Title, Ballot Title, and Submission Clause for Proposed Initiative 2025-2026 242 Robert Balink, Petitioner: v. Tanya Nathan and Lindsey Rasmussen, and Michael Dohr, Theresa Conley, and Kurt Morrison, Title Board In the Matter of the Title, Ballot Title, and Submission Clause for Proposed Initiative 2025-2026 328 John Brackney and Robyn Carnes v. Colorado Ballot Title Setting Board, and Michael Dohr, Theresa Conley, and Kurt Morrison, Title Board (In the Matter of the Title, Ballot Title, and Submission Clause for Proposed Initiative 2025-2026 241 v. Tanya Nathan and Lindsey Rasmussen, Robert Balink, and Michael Dohr, Theresa Conley, and Kurt Morrison, Title Board In the Matter of the Title, Ballot Title, and Submission Clause for Proposed Initiative 2025-2026 242 Robert Balink, Petitioner: v. Tanya Nathan and Lindsey Rasmussen, and Michael Dohr, Theresa Conley, and Kurt Morrison, Title Board In the Matter of the Title, Ballot Title, and Submission Clause for Proposed Initiative 2025-2026 328 John Brackney and Robyn Carnes v. Colorado Ballot Title Setting Board, and Michael Dohr, Theresa Conley, and Kurt Morrison, Title Board) 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 the Matter of the Title, Ballot Title, and Submission Clause for Proposed Initiative 2025-2026 241 v. Tanya Nathan and Lindsey Rasmussen, Robert Balink, and Michael Dohr, Theresa Conley, and Kurt Morrison, Title Board In the Matter of the Title, Ballot Title, and Submission Clause for Proposed Initiative 2025-2026 242 Robert Balink, Petitioner: v. Tanya Nathan and Lindsey Rasmussen, and Michael Dohr, Theresa Conley, and Kurt Morrison, Title Board In the Matter of the Title, Ballot Title, and Submission Clause for Proposed Initiative 2025-2026 328 John Brackney and Robyn Carnes v. Colorado Ballot Title Setting Board, and Michael Dohr, Theresa Conley, and Kurt Morrison, Title Board, (Colo. 2026).

Opinion

2026 CO 58

In the Matter of the Title, Ballot Title, and Submission Clause for Proposed Initiative 2025-2026 #241

Robert Balink, Petitioner
v.
Tanya Nathan and Lindsey Rasmussen, Respondents

and Michael Dohr, Theresa Conley, and Kurt Morrison, Title Board In the Matter of the Title, Ballot Title, and Submission Clause for Proposed Initiative 2025-2026 #242 Robert Balink, Petitioner:
v.
Tanya Nathan and Lindsey Rasmussen, Respondents

and Michael Dohr, Theresa Conley, and Kurt Morrison, Title Board In the Matter of the Title, Ballot Title, and Submission Clause for Proposed Initiative 2025-2026 #328 John Brackney and Robyn Carnes, Petitioners
v.
Colorado Ballot Title Setting Board, Respondent

and Michael Dohr, Theresa Conley, and Kurt Morrison, Title Board

Nos. 26SA122, 26SA123, 26SA157

Supreme Court of Colorado, En Banc

June 29, 2026


          Original Proceeding Pursuant to § 1-40-107(2), C.R.S. (2025) Appeal from the Ballot Title Setting Board

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          Attorneys for Petitioners Robert Balink, John Brackney, and Robyn Carnes: Gessler Blue LLC Scott E. Gessler Geoffrey N. Blue Greenwood Village, Colorado

          Attorneys for Respondents Tanya Nathan and Lindsey Rasmussen: Tierney Lawrence Stiles LLC Martha M. Tierney Denver, Colorado

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          Attorneys for Title Board (26SA122 & 26SA123): Philip J. Weiser, Attorney General Peter G. Baumann, Assistant Solicitor General Denver, Colorado

          Attorneys for Title Board (26SA157): Philip J. Weiser, Attorney General Nicholas Riley, Assistant Attorney General Fellow Denver, Colorado

          Attorneys for Amicus Curiae Curtis Hubbard (26SA157): Recht Kornfeld, P.C. Mark G. Grueskin Nathan Bruggeman Denver, Colorado

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          JUSTICE GABRIEL delivered the Opinion of the Court, in which CHIEF JUSTICE MARQUEZ, JUSTICE BOATRIGHT, JUSTICE HOOD, JUSTICE SAMOUR, JUSTICE BERKENKOTTER, and JUSTICE BLANCO joined.

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          OPINION

          GABRIEL, JUSTICE

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         ¶1 In these three cases, we review the actions of the Title Board in (1) setting the titles and the ballot titles and submission clauses for Initiative 2025-2026 #241 ("Initiative #241") and Initiative 2025-2026 #242 ("Initiative #242") and (2) declining to set a title for Initiative 2025-2026 #328 ("Initiative #328"). Each of these cases presents, among other issues, the question of whether an initiative violates the single subject requirement when its effectiveness is conditioned on the passage of a separate initiative.

         ¶2 We now conclude that an initiative violates the single subject requirement in these circumstances and that, therefore, Initiative #241, Initiative #242, and Initiative #328 run afoul of article V, section 1(5.5) of the Colorado Constitution and section 1-40-106.5, C.R.S. (2025). Accordingly, we reverse the actions of the Title Board in case nos. 26SA122 and 26SA123 and affirm the action of the Title Board in case no. 26SA157. In light of this disposition, we need not address the other issues raised in the petitions for review now before us. (The text, title, and ballot title and submission clauses for Initiative #241 and Initiative #242 and the text of Initiative #328 are attached as appendices to this opinion.)

         I. Facts and Procedural History

         ¶3 We begin by discussing the pertinent facts and procedural histories of each of the cases now before us.

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         A. Initiative #241 and Initiative #242

         ¶4 Pursuant to section 1-40-106, C.R.S. (2025), proponents-respondents Tanya Nathan and Lindsey Rasmussen submitted proposed Initiative #241 and proposed Initiative #242 to the Title Board for a setting of a title and submission clause. Initiative #241 proposed an amendment to the Colorado Constitution and a change to the Colorado Revised Statutes that would replace the constitutional independent congressional redistricting commission with an identical statutory independent congressional redistricting commission, but this initiative was expressly conditioned on the passage of Initiative #242. Initiative #242, in turn, proposed a change to the Colorado Revised Statutes, creating a new temporary congressional district map to be used in the 2028 and 2030 congressional elections. Initiative #242 was conversely conditioned on the passage of Initiative #241.

         ¶5 The Board conducted initial public hearings in both cases, unanimously concluded that both initiatives contained a single subject, and set the following titles:

Initiative #241
An amendment to the Colorado Constitution and a change to the Colorado Revised Statutes replacing the constitutional independent congressional redistricting commission with an identical statutory independent congressional redistricting commission if a ballot measure creating a new temporary congressional district map to be used in 2028 and 2030 congressional elections is approved by a vote of the people.
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Initiative #242
A change to the Colorado Revised Statutes creating a new temporary congressional district map to be used in 2028 and 2030 congressional elections if a ballot measure replacing the constitutional independent congressional redistricting commission with an identical statutory independent congressional redistricting commission is approved by a vote of the people.

         ¶6 Thereafter, petitioner Robert Balink filed motions for rehearing in both cases, and by a two-to-one vote, the Board denied these motions in their entirety.

         ¶7 Pursuant to section 1-40-107(2), C.R.S. (2025), Balink now petitions this court for review in both cases, arguing that Initiative #241 and Initiative #242 violate the single subject rule in multiple ways, including by conditioning the effective date of each on the simultaneous passage of the other. Balink further contends that the measures are incomplete and misleading in a number of ways that are not ultimately pertinent to our decision.

         B. Initiative #328

         ¶8 Pursuant to section 1-40-106, proponents-petitioners John Brackney and Robyn Carnes submitted proposed Initiative #328 to the Title Board for a setting of a title and submission clause. This initiative is, in form, nearly identical to Initiative #242. Initiative #328 proposes a map of new temporary congressional districts (a different map from the one proposed in Initiative #242) and, like Initiative #242, provides that it will take effect only if Initiative #241 is adopted.

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         ¶9 The Board conducted a hearing on whether to set a title for Initiative #328 but reached a different result from the one that it reached regarding Initiative #242.

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In the Matter of the Title, Ballot Title, and Submission Clause for Proposed Initiative 2025-2026 241 v. Tanya Nathan and Lindsey Rasmussen, Robert Balink, and Michael Dohr, Theresa Conley, and Kurt Morrison, Title Board In the Matter of the Title, Ballot Title, and Submission Clause for Proposed Initiative 2025-2026 242 Robert Balink, Petitioner: v. Tanya Nathan and Lindsey Rasmussen, and Michael Dohr, Theresa Conley, and Kurt Morrison, Title Board In the Matter of the Title, Ballot Title, and Submission Clause for Proposed Initiative 2025-2026 328 John Brackney and Robyn Carnes v. Colorado Ballot Title Setting Board, and Michael Dohr, Theresa Conley, and Kurt Morrison, Title Board, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-the-title-ballot-title-and-submission-clause-for-colo-2026.