First Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 11-0147.01 Ed DeCecco HOUSE BILL 11-1090 HOUSE SPONSORSHIP Court, Todd, Acree, Beezley, Casso, Fields, Hamner, Kerr A., Kerr J., Labuda, Lee, Looper, Massey, Murray, Ryden, Szabo, Vigil SENATE SPONSORSHIP (None), House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning the form of a statewide ballot title. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Beginning with the 2012 general election, the bill establishes a uniform style for statewide ballot titles for initiated and referred measures. These changes include: Replacing the phrase "and, in connection therewith," with the word "that:"; Presenting the central features of the ballot issue in a list rather than in paragraph style; Using indented bullets at the beginning of each item in the list; and Requiring at least one line of spacing between separate items in the list. For the 2012 general election, the department of state is permitted to reimburse a county for all or part of the incurred costs that are directly attributable to the new format for statewide ballot issues. The bill also expands the simple "yes" or "no" response to a ballot title that is currently used on the ballot to be either: "YES/FOR"; or "NO/AGAINST". Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that: (a) Section 1 (5.5) of article V and section 2 (3) of article XIX of the state constitution require that every constitutional amendment or law proposed by initiative and every constitutional amendment proposed by the general assembly be limited to a single subject, which shall be clearly expressed in its title; (b) Colorado courts have frequently interpreted these constitutional requirements; (c) Nothing in House Bill 11-____, enacted in 2011, should be construed as in any way changing the constitutional requirements related to a ballot title nor any court interpretation thereof. SECTION 2. 1-5-407, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 1-5-407. Form of ballots. (10) Beginning with the general election held in 2012, the format of a statewide ballot issue or ballot question as it appears on a ballot shall be consistent with the requirements set forth in section 1-40-106.3. SECTION 3. 1-5-505.5, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 1-5-505.5. State reimbursement to counties for ballot measure elections - repeal. (3.5) (a) For the general election held in 2012, the state may reimburse a county for all or part of the costs incurred that are shown by the county to be directly attributable to compliance with section 1-40-106.3. The reimbursement authorized pursuant to this paragraph (a) shall be in addition to any other reimbursement required pursuant to this section. (b) This subsection (3.5) is repealed, effective January 1, 2014. SECTION 4. 1-40-102 (2), Colorado Revised Statutes, is amended, and the said 1-40-102 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read: 1-40-102. Definitions. As used in this article, unless the context otherwise requires: (2) "Ballot title" means the language which that is printed on the ballot. which For an initiated measure, a ballot title is comprised of the submission clause and the title. (2.7) "Bullet" means a heavy dot for calling attention to or itemizing particular sections of text. SECTION 5. Article 40 of title 1, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 1-40-106.3. Ballot title - form - requirements. (1) Beginning with the general election held in 2012, the ballot title for any ballot issue shall be consistent with the requirements set forth in this section. (2) (a) (I) For a proposed law that is not subject to the requirements set forth in section 20 (3) (c) of article X of the state constitution, the ballot title shall begin as follows: "Shall there be a change to the Colorado Revised Statutes concerning (the single subject of the measure) that:". (II) For a proposed constitutional amendment that is not subject to the requirements set forth in section 20 (3) (c) of article X of the state constitution, the ballot title shall begin as follows: "Shall there be an amendment to the Colorado constitution concerning (the single subject of the measure) that:". (III) For a proposed law that is subject to the requirements set forth in section 20 (3) (c) of article X of the state constitution, the ballot title shall begin with the constitutionally required language followed by the phrase: "BY A CHANGE TO THE COLORADO REVISED STATUTES CONCERNING (THE SINGLE SUBJECT OF THE MEASURE) THAT:". (IV) For a proposed constitutional amendment that is subject to the requirements set forth in section 20 (3) (c) of article X of the state constitution, the ballot title shall begin with the constitutionally required language followed by the phrase: "BY AN AMENDMENT TO THE COLORADO CONSTITUTION CONCERNING (THE SINGLE SUBJECT OF THE MEASURE) THAT:". (b) Notwithstanding paragraph (a) of this subsection (2), the word "concerning" may be omitted from a ballot title if the single subject may be expressed without it. (3) (a) The language required by subsection (2) of this section shall be immediately followed by a clear and concise list of the central features of the proposed law or constitutional amendment. For an initiated measure, the central features shall be those items included in the title. The list of the central features shall be presented in the following format: (I) Each item in the list shall begin with a singular, present-tense verb; (II) Each item shall begin on a separate line and shall be preceded by a bullet; (III) Each bullet shall be indented at least one-half inch from the left margin; (IV) Each item shall end with a semicolon; except that the penultimate item shall end with a semicolon followed by the appropriate conjunction, and the last item shall end with a question mark; and (V) There shall be at least one line of spacing between separate items in the list. (b) Notwithstanding paragraph (a) of this subsection (3) and paragraph (a) of subsection (2) of this section, if the single subject expressed in the ballot title is itself a description of the central features of a proposed law or constitutional amendment, the word "that" and the following colon shall be omitted, and the ballot title shall end with a question mark after the single subject. SECTION 6. 1-40-115 (2) (a), Colorado Revised Statutes, is amended to read: 1-40-115. Ballot - voting - publication. (2) (a) (I) All ballot issues shall be printed on the official ballot in that order, together with their respective letters and numbers prefixed in bold-faced type. Each ballot shall have the following explanation printed one time at the beginning of such ballot issues: "Ballot issues referred by the general assembly or any political subdivision are listed by letter, and ballot issues initiated by the people are listed numerically. A ballot issue listed as an 'amendment' proposes a change to the Colorado constitution, and a ballot issue listed as a 'proposition' proposes a change to the Colorado Revised Statutes. A 'yes' vote on any ballot issue is a vote in favor of changing current law or existing circumstances, and a 'no' vote on any ballot issue is a vote against changing current law or existing circumstances." Each ballot title shall appear on the official ballot but once. For each ballot title that is an amendment, the amendment number or letter shall be immediately followed by the description "(CONSTITUTIONAL)". For each ballot title that is a proposition, the proposition number or letters shall be immediately followed by the description "(STATUTORY)". Prior to the general election held in 2012, each ballot title shall be separated from the other ballot titles next to it by heavy black lines and shall be followed by the words "yes" and "no" with blank spaces to the right and opposite the same as follows: (HERE SHALL APPEAR THE BALLOT TITLE IN FULL) YES ______ NO ______ (II) Beginning with the general election held in 2012, each ballot title shall be separated from the other ballot titles next to it by heavy black lines and shall be followed by the words "yes/for" and "no/against" with blank spaces to the right and opposite the same as follows: (HERE SHALL APPEAR THE BALLOT TITLE IN FULL) YES/FOR ______ NO/AGAINST ______ SECTION 7. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.