Outcelt v. Bruce

960 P.2d 648, 1998 Colo. J. C.A.R. 2683, 1998 Colo. LEXIS 512
CourtSupreme Court of Colorado
DecidedMay 26, 1998
DocketNos. 98SA44, 98SA45, 98SA46, 98SA47
StatusPublished
Cited by5 cases

This text of 960 P.2d 648 (Outcelt v. Bruce) 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
Outcelt v. Bruce, 960 P.2d 648, 1998 Colo. J. C.A.R. 2683, 1998 Colo. LEXIS 512 (Colo. 1998).

Opinion

Justice HOBBS

delivered the Opinion of the Court.

Petitioner, John S. Outcelt (Outcelt), brought these original proceedings under section 1-40-107(2), 1 C.R.S. (1997). Outcelt seeks review of the Title Board’s (Board) January 21, 1998, action in fixing the titles, [649]*649ballot titles and submission clauses, and summaries (titles and summaries) for four ballot initiatives for the 1998 election (the initiatives). The four proceedings were consolidated for review in this court. Outcelt objects to all four initiatives on the grounds that each (1) contains more than one subject, (2) fails to conform with subsection (3)(e) of section 20 of article X of the Colorado Constitution, (3) fails to express the true intent and meaning of the proposal, (4) contains a prejudicial catch phrase, and (5) is misleading and fails to reflect the true fiscal impact of the proposal. We hold that our recent opinion in In re Ballot Title 1997-98 # 80, 959 P.2d 822 (1998) (as modified April 13, 1998), controls this case and that each initiative unlawfully contains more 'than one subject matter in violation of the Colorado Constitution. Accordingly, we reverse the Board’s actions.

I.

Each of the initiatives at issue in this appeal proposes to add a new paragraph (d) to subsection (8) of section 20 of article X of the Colorado Constitution, commonly known as Amendment 1. Under Initiative # 53, the new paragraph would read as follows:

(8)(d) A $25 tax cut, increased $25 the next year and then $50 yearly (to $100, $150 ... ), shall lower each tax bill for each 1999 and later district: utility customer tax and franchise charge; vehicle ownership tax; yearly income tax; property tax spent.on human and health services, district attorney and assessor offices, libraries, courts, schools, economic development, enterprises, and authorities combined; property tax equal to yearly payments for lease-purchases and school debt; remaining business personal property tax; property tax equal to yearly tax amounts from property or other tax rates that are increased after November 8, 1992, except for fixed maximum tax rates with a fixed maximum number of dollars that are voter-approved since 1992, stated in the ballot title, and subject to increase by later voter approval only; and property tax equal to yearly amounts from exceeding either local spending limit percentage, computed since 1992, except for a fixed maximum number of dollars as described above. The state shall replace affected local revenue monthly within all tax and spending limits, and audit each limit yearly; legal fees and costs shall mandatorily be awarded to successful plaintiffs only; and once a year, the general assembly may delay for one year all or part of the next year’s increase in one or more tax cuts, but only if further tax cut or replacement amounts in that next year will leave total remaining state revenue from all sources growing less than $200 million.1

(Emphasis added.) Under Initiative #45, the word “jails” would be added to the list of property tax cuts. Under Initiative # 46, the paragraph would include “jails” under the property, tax cuts but “franchise charge” would be deleted from the language. Finally, under Initiative # 52, neither “jails” nor “franchise charge” would be included in the paragraph’s language. The language of Initiative # 53, quoted above, is identical to the language of Initiative # 30, reviewed by this court in Ballot Title 1997-98 # 30, 959 P.2d 822.

Thus,. like Initiative # 30, the initiatives now before us propose to institute a gradually increasing state and local tax cut. The tax cuts will, affect funding for a variety of local services including libraries, courts, schools, and others. Like Initiative # 30, these initiatives also propose, to “add new criteria to Amendment 1 providing that voter-approved revenue and spending increases enacted since 1992 are to specify a maximum tax rate with a fixed maximum number of dollars in the ballot title of those measures.” Ballot Title 1997-98 # 30, 959 P.2d at 826.

The Board fixed the titles and summary on January 21, 1998. On February 9, 1998, the Board heard and denied Outcelt’s motions for rehearing. Outcelt then sought review under section 1-40-107(2), 1 C.R.S. (1997), and the cases were consolidated for purposes of decision by this court.

II.

'We hold that the initiatives presented by these four cases violate the single subject requirement of the Colorado Constitution; [650]*650thus, the Board should not have fixed the titles and summaries.

In Ballot Title 1997-98 # 30, we held that in addition to instituting a tax cut, Initiative # 30 proposed to amend Amendment 1, adopted by the voters in 1992, to “subject voter-approved local revenue and spending increases enacted since 1992 to a new Amendment 1 requirement — that a fixed tax rate/maximum dollar amount must be stated in the ballot title of those measures.” 959 P.2d at 826. The initiatives presented here do not differ from Initiative #30 in this regard.

In addition, as with Initiative #30, both the Office of State Planning and Budgeting and the Department of Local Affairs here note the large number of election outcomes since 1992 which this provision potentially affects.2 As we said in Ballot Title 1997-98 # 30, it is the “prerogative of the electorate” to approve tax and spending increases by the government and there has existed an expectation since Amendment 1 was passed that such voter approval would receive deference. Ballot Title 1997-98 # 30, 959 P.2d at 827 (citing Havens v. Board of County Comm’rs, 924 P.2d 517, 522 (Colo.1996)).

Accordingly, we hold that Ballot Title 1997-98 # 30 controls this case such that the initiatives in the case now before us violate the single subject requirement of the Colorado Constitution. In addition to imposing tax cuts, the initiatives contain the additional subject of imposing “new criteria for voter approval of revenue and spending increases under Amendment 1.” Ballot Title 1997-98 #30, 959 P.2d at 827. Consequently, the Board should not have fixed the titles and summaries for any of the initiatives.

Because Ballot Title 1997-98 # 30 controls this ease and the initiatives violate the single subject requirement of our state constitution, we do not address other issues Oúteeít raises in objection to the proposed initiatives.

III.

Accordingly, because the initiatives contain more than one subject, the Board should not have fixed the titles and summaries. We reverse the Board’s actions and return these matters to the Board with directions to strike the titles and summaries and return the initiatives to the proponents.

Appendix A

Proposed Initiative Number 1997-98 # 45

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

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Related

In the Matter of Title, Submission Clause for 2009-2010 91
235 P.3d 1071 (Supreme Court of Colorado, 2010)
Blake v. King
184 P.3d 52 (Supreme Court of Colorado, 2008)
In Re Title, Ballot Title, Submission Cl.
184 P.3d 52 (Supreme Court of Colorado, 2008)
Outcelt v. Bruce
961 P.2d 456 (Supreme Court of Colorado, 1998)

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Bluebook (online)
960 P.2d 648, 1998 Colo. J. C.A.R. 2683, 1998 Colo. LEXIS 512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/outcelt-v-bruce-colo-1998.