In the Matter of Title, Ballot Title and Submission Clause for Proposed Initiatives 2011-2012 Nos. 67, 68, 69, and 94, 95, Philip Hayes v. David Ottke and John Slota and Barbara Walker and Don Childears v. Earl Staelin and Robert Bows, 2012CO1 (January 7, 2013)

Direct democracy takes citizen initiatives directly to the voters. Colorado’s Constitution, article V section 1, provides for such initiatives. But, they must meet various standards before they are placed on the ballot, and the Title Board is authorized to decide if initiatives meet those standards. CRS 1-40-106 requires “each designated representative” (proponent) to appear at Board meetings at which the ballot issue is considered. If a proponent fails to appear, the Board lacks authority to take any action. Here, two different initiatives were brought. In each case, however, only 1 of the 2 proponents appeared at a rehearing. In this original proceeding, the Court held that both proponents must appear at each hearing. If they do not, the Board lacks authority to set titles and put matters on the ballot. Because only 1 of 2 proponents appeared, the Board lacked authority to act.

http://www.courts.state.co.us/Courts/Supreme_Court/opinions/2012/12SA117,%2012SA130.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8790&courtid=2

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