§ 1-41-103 — Local ballot issue elections in odd-numbered years

Colorado § 1-41-103

• Jurisdiction: Colorado
• Title 01: Elections
• Art.: Odd-numbered Year Elections

Text

(1) At the
local election to be held on the first Tuesday of November in 1993, and in each odd-numbered year thereafter, the following issues shall appear on the ballot if they
concern local government matters arising under section 20 of article X of the state
constitution and if they are submitted in accordance with applicable law:

(a) Amendments to the charter of any home rule city or home rule county
initiated by the voters or submitted by the legislative body of the home rule city or
county in accordance with said charter;

(b) Ordinances, resolutions, or franchises proposed in accordance with
section 1 of article V of the state constitution and section 31-11-104, C.R.S.;

(c) Measures referred to the people pursuant to petitions filed against an
ordinance, resolution, or franchise passed by the legislative body of any local
government in accordance with section 1 of article V of the state constitution and
section 31-11-105, C.R.S.;

(d) Questions which are referred to the people by the governing body of the
local government in accordance with the law prescribing procedures therefor;

(e) Questions which are initiated by the people in accordance with the law
prescribing procedures therefor.

(2) As used in this section, local government means a county, a
municipality as defined in section 31-1-101 (6), C.R.S., a school district, or a special
district as defined in sections 32-1-103 (20) and 35-70-109, C.R.S.

(3) As used in this section, a question means a proposition which is in the
form of a question meeting the requirements of section 20 (3)(c) of article X of the
state constitution and which is submitted in accordance with the law prescribing
procedures therefor without reference to a specific ordinance, resolution, franchise,
or other local legislation or a specific amendment to the charter of a home rule city
or home rule county.

(4) As used in this section, local government matters arising under section
20 of article X of the state constitution includes:

(a) Approval of a new tax, tax rate increase, mill levy above that for the prior
year, or extension of an expiring tax, or a tax policy change directly causing a net
tax revenue gain pursuant to section 20 (4)(a) of article X of the state constitution;

(b) Approval of the creation of any multiple-fiscal year direct or indirect debt
or other financial obligation without adequate present cash reserves pledged
irrevocably and held for payments in all future fiscal years pursuant to section 20
(4)(b) of article X of the state constitution;

(c) Approval of emergency taxes pursuant to section 20 (6) of article X of the
state constitution;

(d) Approval of revenue changes pursuant to section 20 (7) of article X of the
state constitution;

(e) Approval of a delay in voting on ballot issues pursuant to section 20 (3)(a)
of article X of the state constitution;

(f) Approval of the weakening of a local limit on revenue, spending, and debt
pursuant to section 20 (1) of article X of the state constitution.

(5) The submission of issues at elections in November of odd-numbered
years in accordance with this section, or at other elections as provided in section 20
(3)(a) of article X of the state constitution, shall not be deemed the exclusive
method of submitting local issues to a vote of the people, and nothing in this
section shall be construed to repeal, diminish, or otherwise affect in any way the
authority of local governments to hold issue elections in accordance with other
provisions of law.

(6) and (7) Repealed.

Legislative History

Source: L. 93: Entire article added, p. 1995, � 1, effective June 8. L. 94: (1)(b) and (1)(c) amended, p. 1622, � 6, effective May 31. L. 95: (1)(b) and (1)(c) amended, p. 439, � 24, effective May 8. L. 2001: (6) and (7) added, p. 273, � 31, effective March 30. L. 2010: (6) and (7) repealed, (HB 10-1116), ch. 194, p. 840, � 29, effective May 5.