The Title, Ballot Title & Submission Clause v. Henderson

3 P.3d 11, 2000 Colo. J. C.A.R. 2256, 2000 Colo. LEXIS 643, 2000 WL 512901
CourtSupreme Court of Colorado
DecidedMay 1, 2000
DocketNo. 00SA65
StatusPublished
Cited by19 cases

This text of 3 P.3d 11 (The Title, Ballot Title & Submission Clause v. Henderson) 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
The Title, Ballot Title & Submission Clause v. Henderson, 3 P.3d 11, 2000 Colo. J. C.A.R. 2256, 2000 Colo. LEXIS 643, 2000 WL 512901 (Colo. 2000).

Opinion

Chief Justice MULLARKEY

delivered the Opinion of the Court.

Joint petitioners Ken Kluksdahl and Amy Meketi and joint petitioners Stuart Sander-son and Colorado Mining Association (collectively "Objectors") challenge the actions of the title setting board ("Title Board") in setting the title, ballot title and submission clause, and summary for the proposed initiative designated 1999-2000 No. 215 ("Initiative No. 215"). We have jurisdiction over this original proceeding under section 1-40-107, 1 C.R.S. (1999).

I.

Respondents Colin James Henderson and Ignacio Rodriguez (collectively "Proponents") submitted Initiative No. 215 to the Title Board for the purpose of setting a title, ballot title and submission clause (collectively "titles"), and summary. The titles, summary, and text of Initiative No. 215 are appended to this opinion. The Title Board initially set the titles and summary for Initiative No. 215 on February 28, 2000. Motions for rehearing were filed by the Proponents and by the Objectors.

At a rehearing on March 1, 2000, the Title Board rejected some of the Objectors' challenges to the titles and summary and accept[14]*14ed others. The Title Board then reset the titles and summary. This original proceeding followed.

II.

We first dispose of the Proponents' and Title Board's argument that Colorado Mining Association ("CMA") lacks standing to challenge the titles and summary for Initiative No. 215. CMA and Sanderson jointly petitioned the Title Board for a rehearing on Initiative No. 215. Likewise, CMA and Sanderson jointly filed a brief with this court. In neither the petition for rehearing nor the brief to this court has counsel for CMA and Sanderson set forth arguments made solely on behalf of CMA.

Sanderson, as a registered elector in Colorado, clearly has standing to challenge the Title Board's actions on Initiative No. 215. See § 1-40-107(1). Because his arguments are identical to those of CMA, we decline to address CMA's standing.

IIL

We next address the Objectors' arguments that the Title Board erred in setting the titles for Initiative No. 215. The titles to a proposed initiative must "unambiguously state the principle of the provision sought to be added, amended, or repealed." § 1-40-106(8)(b), 1 C.R.S. (1999). The purpose of our limited review of the Title Board's action is to ensure that the titles and summary fairly reflect Initiative No. 215 so that voters will not be misled to vote for or against the proposed initiative merely by virtue of the particular words employed by the Title Board. See In re Proposed Initiative on "Trespass-Streams with Flowing Water", 910 P.2d 21, 28 (Colo.1996). We will reject the language employed by the Title Board only if it is misleading, inaccurate, or fails to reflect the central features of the proposed measure. See id. at 24.

A.

The Objectors assert that the titles imply that Initiative No. 215 would affect several mines in the state. According to the Objectors, however, Initiative No. 215 actually would affect only the Cresson mine, which is operated by the Cripple Creek & Victor Gold Mining Company and located in Teller County, Colorado. Thus, argue the Objectors, the titles are misleading.

On its face, the language of Initiative No. 215 applies to all open mines that use cyanide to leach gold and silver from ore. Thus far, the Cresson mine is the only mine in Colorado that has been identified as falling under the provisions of Initiative No. 215. Nevertheless, our review of the record indicates that other mines that would be affected by Initiative No. 215 may exist in the state. Additionally, the provisions of Initiative No. 215 are not limited to mines currently operating in Colorado, but also would apply to mines created after passage of the initiative. Finally, the summary for Initiative No. 215 adequately expresses the Title Board's understanding that Initiative No. 215 would affect only one major mining operation in the state. Accordingly, we reject the Objectors' argument that the titles are misleading because they do not state that Initiative No. 215 would affect only the Cresson mine.

B.

The Objectors argue that the term "open mining" in the titles is misleading to voters. To prove that "open mining" is misleading, the Objectors polled several hundred registered voters. According to the Objectors, a significant percentage of voters polled erroneously understood "open mining" to mean "mining without restrictions," a mine "open to the public," "starting up a mine," and "large open pit mining."

We find that the Title Board did not err by finding the term "open mining" sufficiently clear. First, the term "open mining" is defined by statute to mean "the mining of minerals by removing the overburden lying above such deposits and mining directly from the deposits thereby exposed. The term includes mining directly from such deposits where there is no overburden. The term includes but is not limited to such practices as open cut mining, open pit mining, strip mining, quarrying, and dredging." § 34-32-103(9), 9 C.R.S. (1999). Second, any ambigu[15]*15ity in the meaning of "open mining" is clarified by its use in the summary: "[Tlhis measure enacts an amendment to the Colorado Constitution prohibiting open mining, including open-cut and open-pit mining...." Accordingly, we find that the term "open mining" does not render the titles misleading to voters.

C.

The caption to Initiative No. 215 is "Proposed Initiative 1999-2000 #215." A footnote after the caption states: "Prohibiting Certain Open Pit Mining." The Objectors argue that the term "open pit mining" in the footnote is misleading. We disagree.

At the March 1, 2000 hearing and again in briefs to this court, the Proponents and Title Board have indicated that the footnote to the caption is not intended to be part of the titles or summary. - Rather, the footnote was inserted merely for internal tracking purposes.

We previously have recognized that the text of a caption may render the titles to a proposed initiative misleading. See Flowing Water, 910 P.2d at 21. In this case, however, we understand that the footnote will not appear as part of the official titles and summary. Accordingly we need not address whether the inclusion of the footnote that appears in the Title Board's draft copies of Initiative No. 215 would render the titles misleading to voters.

D

The Objectors contend that the term "cyanide" as it appears in the titles is both misleading and unfairly prejudicial. According to the Objectors, the titles improperly focus on the term "cyanide," which could mislead voters to believe that Initiative No. 215 would prohibit any use of cyanide in mining. The objectors further argue that the term "cyanide" is prejudicial "because it can conjure inappropriate images of capital punishment or poisoning." The Objectors assert that the Title Board could set the titles for Initiative No. 215 without using the term "cyanide."

We find that the Title Board did not err by using the word "cyanide" in the titles. The titles state that Initiative No. 215 concerns "a prohibition of open mining for gold and silver when ore-processing methods that utilize cyanide to leach the gold and silver from ore are used." We find that the titles do not, refer to all mines that use cyanide to leach gold and silver from ore, but only to open mines that use cyanide to leach gold and silver from ore.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Picciano v. Clark County
W.D. Washington, 2024
Oakry v. Tempe, City of
D. Arizona, 2022
Pacheco v. Pacheco
New Mexico Court of Appeals, 2015
Chostner v. Colorado Water Quality Control Commission
2013 COA 111 (Colorado Court of Appeals, 2013)
Lobato v. State
218 P.3d 358 (Supreme Court of Colorado, 2009)
In Re Title for 2009-2010, No. 24
218 P.3d 350 (Supreme Court of Colorado, 2009)
Citizens for a Public Train Trench Vote v. City of Reno
53 P.3d 387 (Nevada Supreme Court, 2002)
Garcia v. Chavez
4 P.3d 1094 (Supreme Court of Colorado, 2000)
In Re Ballot Title 1999-2000 No. 258 (A)
4 P.3d 1094 (Supreme Court of Colorado, 2000)
Sanderson v. Henderson
3 P.3d 447 (Supreme Court of Colorado, 2000)
Brown v. Peckman
3 P.3d 1210 (Supreme Court of Colorado, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
3 P.3d 11, 2000 Colo. J. C.A.R. 2256, 2000 Colo. LEXIS 643, 2000 WL 512901, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-title-ballot-title-submission-clause-v-henderson-colo-2000.