Outcelt v. Golyansky

917 P.2d 292, 20 Brief Times Rptr. 813, 1996 Colo. LEXIS 178, 1996 WL 278113
CourtSupreme Court of Colorado
DecidedMay 28, 1996
DocketNo. 96SA78
StatusPublished
Cited by16 cases

This text of 917 P.2d 292 (Outcelt v. Golyansky) 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. Golyansky, 917 P.2d 292, 20 Brief Times Rptr. 813, 1996 Colo. LEXIS 178, 1996 WL 278113 (Colo. 1996).

Opinion

Chief Justice VOLLACK

delivered the Opinion of the Court.

The petitioner, John S. Outcelt, a registered voter of the State of Colorado, challenges the title, ballot title and submission clause, summary, and fiscal impact statement prepared by the Title Setting Board (the Title Board) for a proposed constitutional amendment concerning parental choice in education.1 The respondents in this case are Gregory Golyansky and Pamela Mann, the proponents of the initiative (the Proponents), and Carole Pool, Rebecca Lennahan, and Richard Westfall, of the Title Board.2 The Title Board accepted the initiative submitted by the Proponents, including the title, ballot title and submission clause, summary, and fiscal impact statement. The Title Board subsequently denied the petitioner’s motion for reconsideration. We approve the actions taken by the Title, Board.

[294]*294I.

The initiative would amend Article IX of the Colorado Constitution by adding a new section entitled “Section 17 — Educational Choice.” The initiative generally establishes the goal of empowering the greatest number of parents to choose the educational setting for their children. To accomplish this goal, the initiative establishes a school voucher plan which allows parents to exercise control over the per pupil operating revenues and other funds which are or would be expended for the purpose of educating their child or children in a public school. The initiative provides that any moneys expended to achieve the goal of choice in education are grants of aid to children through their parents, rather than grants to schools in which children are enrolled. The initiative also prohibits the State from expanding its regulatory authority over non-public schools as a result of the passage of the initiative. Finally, the initiative encourages the General Assembly to repeal laws and regulations that impede the ability of the public schools to provide a quality of education equal to or greater than that provided in non-public schools.

The Title Board conducted a hearing on the initiative on February 7, 1996. At the conclusion of the hearing, the Title Board fixed the title, including the ballot title and submission clause, summary, and fiscal impact statement. The petitioner filed his motion for rehearing on February 14, 1996, and the Title Board conducted a rehearing on February 21, 1996. At the conclusion of the rehearing, the Title Board denied the petitioner’s motion for reconsideration of the title, ballot title and submission clause, summary, and fiscal impact statement. The petitioner subsequently filed his notice of appeal with this court.

II.

The petitioner contends that the initiative violates the single-subject requirement contained in Article V of the Colorado Constitution. Article V of the Colorado Constitution provides registered electors of the state of Colorado the right to initiate constitutional amendments. Article V also includes a single-subject requirement for initiatives which states that:

No measure shall be proposed by petition containing more than one subject, which shall be clearly expressed in its title; but if any subject shall be embraced in any measure which shall not be expressed in the title, such measure shall be void only as to so much thereof as shall not be so expressed. If a measure contains more than one subject, such that a ballot title cannot be fixed that clearly expresses a single subject, no title shall be set and the measure shall not be submitted to the people for adoption or rejection at the polls.

Colo. Const. art. V, § 1(5.5). This single-subject requirement is designed to protect the voters from fraud and surprise, and to forbid the practice of combining together unrelated subjects in one initiative for the purpose of enlisting support for the entire initiative from advocates of each separate subject, and thereby securing the enactment of subjects that could not be enacted on their merits alone. In re Proposed Amendment Entitled “Amend Tabor 32”, 908 P.2d 125, 128 (Colo.1995).

Therefore, proponents of a measure may not include incongruous subjects in the same measure. § 1-40-106.5(1)(e)(I), 1B C.R.S. (1995 Supp.). The single-subject provision will not be violated, however, if the “initiative tends to effect or carry out one general object or purpose.” In re Proposed Amendment Entitled “Public Rights in Waters II”, 898 P.2d 1076, 1079 (Colo.1995). The Title Board is vested with considerable discretion in setting the title, ballot title and submission clause, and summary. In re Proposed Amendment Concerning Campaign and Political Finance, 830 P.2d 954, 954 (Colo.1992). In reviewing actions of the Title Board, therefore, we must liberally construe the single-subject and title requirements for initiatives. In re “Amend Tabor 32”, 908 P.2d at 129.

In this case, the overarching subject of the initiative is parental choice of quality educational programs. Specifically, the initiative proposes the establishment of a voucher system which will allow parents control over all [295]*295or a substantial part of the per pupil revenue allocated for the public education of their children. The petitioner contends that subsections (8) and (9) of the initiative have purposes which are unrelated to the purpose stated in the title of the initiative. We disagree.

Subsection (8) of the initiative states:

Except as herein provided, neither the state nor any subdivision thereof, shall use this section to increase its regulatory role over the education of children in non-public schools beyond that exercised and existent on January 1,1997.

The title fixed by the Title Board states that the initiative concerns “programs to assist parents in choosing educational opportunities for their children.” The petitioner contends that this subsection addresses a different subject than the subject contained in the title. The petitioner bases this argument on his assertion that subsection (8) prohibits the state from expanding its regulatory authority over non-public schools. While this observation may prove accurate, it is noteworthy that subsection (8) expressly limits its ultimate impact by reference to the initiative. It is thus sufficiently connected with the subject of parental choice of quality educational programs to satisfy the single-subject requirement.

Subsection (9) states:

The General Assembly is encouraged to repeal those laws and/or regulations that are determined to be impediments to the ability of public schools to provide a quality of education equal to or greater than that provided in non-public schools.

The petitioner contends that this subsection varies in subject from the rest of the initiative. We disagree.

Subsection (9) contains a recommended course of legislative action — as other portions of the initiative do.

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Bluebook (online)
917 P.2d 292, 20 Brief Times Rptr. 813, 1996 Colo. LEXIS 178, 1996 WL 278113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/outcelt-v-golyansky-colo-1996.