§ 1-40-107 — Rehearing - appeal - fees - signing

Colorado § 1-40-107

• Jurisdiction: Colorado
• Title 01: Elections
• Art.: Initiative and Referendum

Text

(1) (a) (I) Any person
presenting an initiative petition or any registered elector who is not satisfied with a
decision of the title board with respect to whether a petition contains more than a
single subject pursuant to section 1-40-106.5, or who is not satisfied with the title
and submission clause provided by the title board and who claims that they are
unfair or that they do not fairly express the true meaning and intent of the proposed
state law or constitutional amendment may file a motion for a rehearing with the
secretary of state no later than 5 p.m. on the seventh day after the decision is made
or the title and submission clause are set.

(II) The designated representatives of the proponents or any registered
elector who is not satisfied with the fiscal summary prepared by the director of
research of the legislative council of the general assembly in accordance with
section 1-40-105.5 may file a motion for a rehearing with the secretary of state
within seven days after the titles and submission clause for the initiative petition
are set on the grounds that:

(A) (Deleted by amendment, L. 2020.)

(B) The fiscal summary is misleading or prejudicial; or

(C) The fiscal summary does not comply with the requirements set forth in
section 1-40-105.5 (1.5).

(III) The designated representatives of the proponents or any registered
elector who is not satisfied with the determination by the title board made pursuant
to section 1-40-106 (3.5) with respect to whether a petition that proposes a
constitutional amendment only repeals in whole or in part a provision of the state
constitution may file a motion for a rehearing with the secretary of state within
seven days after the titles and submission clause for the initiative petition are set
on the grounds that the determination is incorrect.

(b) A motion for rehearing must be typewritten and set forth with
particularity the grounds for rehearing. If the motion claims that the petition
contains more than a single subject, then the motion must, at a minimum, include a
short and plain statement of the reasons for the claim. If the motion claims that the
title and submission clause set by the title board are unfair or that they do not fairly
express the true meaning and intent of the proposed state law or constitutional
amendment, then the motion must identify the specific wording that is challenged.
If the motion claims that the fiscal summary is misleading or prejudicial or does not
comply with the statutory requirements, the motion must specifically identify the
specific wording that is challenged or the requirement at issue. The title board may
modify the fiscal summary based on information presented at the rehearing. If the
motion claims that the determination of whether the petition that proposes a
constitutional amendment only repeals in whole or in part a constitutional provision
is incorrect, the motion must include a short and plain statement of the reasons for
the claim.

(c) (I) (A) Except as provided in subsections (1)(c)(I)(B) and (1)(c)(I)(C) of this
section, the title board shall hear a motion for rehearing at the next regularly
scheduled meeting of the title board.

(B) If the title board is unable to complete action on all motions for
rehearing scheduled at the title board's next regularly scheduled meeting, the title
board may continue consideration of any motion for rehearing to the next available
day.

(C) If the title board decision was made at or the title and submission clause
protested were set at the meeting on the third Wednesday in April in the year in
which the measure will be voted on, the title board shall hear the motion within
forty-eight hours after the expiration of the seven-day period for filing a motion for
rehearing.

(II) The decision of the title board on any motion for rehearing shall be final,
except as provided in subsection (2) of this section, and no further motion for
rehearing may be filed or considered by the title board.

(2) If any person presenting or the designated representatives of the
proponents of an initiative petition for which a motion for a rehearing is filed, any
registered elector who filed a motion for a rehearing pursuant to subsection (1) of
this section, or any other registered elector who appeared before the title board in
support of or in opposition to a motion for rehearing is not satisfied with the ruling
of the title board upon the motion, then the secretary of state shall furnish such
person, upon request, a certified copy of the petition with the titles and submission
clause of the proposed law or constitutional amendment, the fiscal summary, or the
determination whether the petition repeals in whole or in part a constitutional
provision, together with a certified copy of the motion for rehearing and of the
ruling thereon. If filed with the clerk of the supreme court within seven days
thereafter, the matter shall be disposed of promptly, consistent with the rights of
the parties, either affirming the action of the title board or reversing it, in which
latter case the court shall remand it with instructions, pointing out where the title
board is in error.

(3) The secretary of state shall be allowed a fee which shall be determined
and collected pursuant to section 24-21-104 (3), C.R.S., for certifying a record of any
proceedings before the title board. The clerk of the supreme court shall receive
one-half the ordinary docket fee for docketing any such cause, all of which shall be
paid by the parties desiring a review of such proceedings.

(4) No petition for any initiative measure shall be circulated nor any
signature thereto have any force or effect which has been signed before the titles
and submission clause have been fixed and determined as provided in section 1-40-106 and this section, or before the fiscal summary has been fixed and determined
as provided in section 1-40-105.5 and this section.

(5) In the event a motion for rehearing is filed in accordance with this section,
the period for filing a petition in accordance with section 1-40-108 shall not begin
until a final decision concerning the motion is rendered by the title board or the
Colorado supreme court; except that under no circumstances shall the period for
filing a petition be extended beyond three months and three weeks prior to the
election at which the petition is to be voted upon.

(5.5) If the title board modifies the fiscal summary pursuant to this section,
the secretary of state shall provide the director of research of the legislative
council of the general assembly with a copy of the amended fiscal summary, and
the director shall post the new version of the fiscal summary on the legislative
council website.

(6) (Deleted by amendment, L. 2000, p. 1622, � 5, effective August 2, 2000.)

(7) (Deleted by amendment, L. 95, p. 432, � 5, effective May 8, 1995.)

Legislative History

Source: L. 93: Entire article amended with relocations, p. 680, � 1, effective May 4. L. 95: (1) and (7) amended, p. 432, � 5, effective May 8. L. 98: (2) amended, p. 635, � 9, effective May 6. L. 2000: (1), (2), (4), and (6) amended, pp. 1621, 1622, �� 2, 5, effective August 2; (6) amended, p. 297, � 1, effective August 2. L. 2004: (1) amended, p. 756, � 2, effective May 12. L. 2009: (1) and (5) amended, (HB 09-1326), ch. 258, p. 1171, � 5, effective July 1. L. 2012: (1) and (2) amended, (HB 12-1313), ch. 141, p. 511, � 2, effective April 26; (2) amended, (SB 12-175), ch. 208, p. 896, � 172, effective July 1. L. 2015: (1)(a), (1)(b), (2), and (4) amended and (5.5) added, (HB 15-1057), ch. 198, p. 677, � 4, effective March 26, 2016. L. 2017: (1)(a)(III) added and (1)(b) and (2) amended, (SB 17-152), ch. 169, p. 616, � 2, effective August 9. L. 2020: (1)(a)(II), (1)(b), (2), (4), and (5.5) amended, (HB 20-1416), ch. 232, p. 1124, � 3, effective November 1. L. 2025: (1)(a)(I) and (1)(c) amended, (HB 25-1327), ch. 446, p. 2564, � 4, effective June 4.