II. Title Board Hearing

SoS home  >  Elections home  >  Initiatives home  >  Initiative Procedures & Guidelines  >  Title Board Hearing

 

The Title Board will hold public hearings on the first and third Wednesdays of each month that an initiative is filed.

The first hearing of the Title Board is scheduled for the first Wednesday in December after the election and the last hearing will be no later than the third Wednesday in April in the year in which the measure is to be placed on the ballot.

To be considered by the Title Board, a proposed measure must be filed by 3:00 PM on the 12th day prior to the Title Board hearing date.  For more information, please see the initiative calendar.

Both of the proposed initiative’s designated representatives must appear at any Title Board meeting where the proposed initiative will be considered.

During the hearing, the Title Board will first determine whether the measure satisfies the single-subject requirements. If it does, the Title Board will set a title, ballot title, and submission clause.

In setting a title, the Title Board considers public confusion that might be caused by any misleading titles. Whenever possible, the Title Board avoids titles for which the general understanding of the effect of a “yes” or “no” vote will be unclear. Additionally, the Title Board must set a title that correctly and fairly expresses the true intent and meaning of the measure, and that clearly expresses a single subject.

To facilitate the creation of the ballot title, the Title Board will use a staff draft created by Legislative Legal Services. The staff draft is distributed by the Secretary of State’s office before the meeting so that interested parties have a chance to review it.

For additional information relating to the ballot title and Title Board hearing, see Article V, Section 1(5.5) of the Colorado Constitution; and sections 1-40-106 and 1-40-106.5, C.R.S.

 

1. Motion for Rehearing

The opportunity to file a motion for rehearing is available to the proponents or any registered elector who is not satisfied with either of the following:

  • the Title Board's decision regarding whether a petition meets the single-subject requirement; or
  • the titles and submission clause set by the Title Board.

A motion for rehearing must specifically outline the problems with the titles and submission clause and/or the rulings of the Title Board. Additionally, the motion must be filed with the Secretary of State no later than 5:00 p.m. on the seventh day following the Title Board's action.

If a motion for rehearing is received by the Secretary of State, a rehearing will be held at the next regularly scheduled meeting of the Title Board. However, if the titles and summary were set at the last meeting in April, the rehearing must be held within forty-eight hours of the expiration of the seven-day period to file motions.

For additional information, see section 1-40-107, C.R.S.

 

2. Filing an Appeal with the Colorado Supreme Court

Any person who has filed a motion for rehearing and is not satisfied with the rulings of the Title Board will have the opportunity to file an appeal with the Colorado Supreme Court.

Upon request, the Secretary of State will provide:

  • a certified copy of the initiative with the titles and submission clause of the proposed statutory proposition or constitutional amendment; and
  • a certified copy of the motion for rehearing and the ruling.

The certified documents must be filed with the clerk of the Supreme Court within five days from receipt.

The Supreme Court will either affirm the action of the Title Board or reverse it. If the decision of the Title Board is reversed, the court will remand it with instructions for the Title Board.

For additional information, see section 1-40-107(2), C.R.S.