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Colorado Supreme Court Opinions
January 7, 2013

2013 CO 1. Nos. 12SA117 & 12SA130. In the Matter of the Title, Ballot Title, and Submission Clause for Proposed Initiatives 2011–2012 Nos. 67, 68, and 69: Hayes v. Ottke; In the Matter of the Title, Ballot Title, and Submission Clause for Proposed Initiatives 2011–2012 Nos. 94 and 95:Walker v. Staelin.
Ballot Title—Statutory Interpretation—CRS §1-40-106—Public Meeting—Designated Representatives.

Petitioners filed original proceedings pursuant to CRS §1-40-107(2), asserting that the Title Board lacked authority to take action with respect to challenged titles because fewer than both of the designated representatives of the Initiative’s proponents appeared at the rehearings. CRS §1-40-106(4)(a) requires “[e]ach designated representative” to appear at “any title board meeting at which the designated representative’s ballot issue is considered,” and CRS §1-40-106(4)(d) states that “[t]he title board shall not set a title for a ballot issue if either designated representative of the proponents fails to appear at a title board meeting.” Consequently, the Supreme Court held that the Title Board lacks authority to set title or take action with respect to challenged titles where fewer than both designated representatives appear at a rehearing. Therefore, the Court reversed the actions of the Title Board in these cases.

Colorado Supreme Court Opinions

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