FrankGoortani/open-us-law huggingface dataset:
Co. Const. art. II, § 18 — Article II / Section 18
CO Const., Article II, Section 18
Status: in_force

Crimes - evidence against one's self - jeopardy. No person shall be compelled to testify against himself in a criminal case nor shall any person be twice put in jeopardy for the same offense. If the jury disagree, or if the judgment be arrested after the verdict, or if the judgment be reversed for error in law, the accused shall not be deemed to have been in jeopardy. Source: Entire article added, effective August 1, 1876, see L. 1877, p. 31. Editor's note: (1) Compare Kirschwing v. Farrar, 114 Colo. 421, 166 P.2d 154 (1946) (civil case, blood test obtained while unconscious); Lewis v. People, 115 Colo. 435, 174 P.2d 736 (1946) (civil case, void telephone company identification); Hanlon v. Woodhouse, 113 Colo. 504, 160 P.2d 998 (1945) (civil case). (2) For successive indictments and trials in federal and state courts on the same offense, compare Malloy v. Hogan, 378 U.S. 1, 12 L. Ed, 653, 84 S. Ct. 1489 (1964) (referee investigation); Escobedo v. Illinois, 378 U.S. 478, 12 L. Ed. 997, 84 S. Ct. 1758 (1964) (right to ​ counsel upon request on time investigation), and Bartkus v. Illinois, 359 U.S. 141, 79 S. Ct. 676, 3 L. Ed. 2d 684 (1959); and, as to double jeopardy between cumulative state and federal courts, see Mills v. Louisiana, 360 U.S. 230, 79 S. Ct. 980, 3 L. Ed. 2d 1193 (1959); Knapp v. Schweitzer, 357 U.S. 371, 78 S. Ct. 1302, 2 L. Ed. 2d 1393 (1958), and Feldman v. United States, 322 U.S. 487, 64 S. Ct. 1082, 88 L. Ed. 1408 (1944). Cross references: For when prosecution is barred by former proceedings, see part 3 of article 1 of title 18.
Co. Const. art. XIV, § 9 — Article XIV / Section 9
CO Const., Article XIV, Section 9
Status: in_force

Vacancies - how filled. In case of a vacancy occurring in the office of county commissioner a vacancy committee of the same political party as the vacating commissioner constituted as provided by law shall, by a majority vote, fill the vacancy by appointment within ten days after occurrence of the vacancy. If the vacancy committee fails to fill the vacancy within ten days after occurrence of the vacancy, the governor shall fill the same by appointment within fifteen days after occurrence of the vacancy. The person appointed to fill a vacancy in the office of county commissioner shall be a member of the same political party, if any, as the vacating commissioner. In case of a vacancy in any other county office, or in any precinct office, the board of county commissioners shall fill the same by appointment. Any person appointed pursuant to this section shall hold the office until the next general election, or until the vacancy is filled by election according to law. Source: Entire article added, effective August 1, 1876, see L. 1877, p. 67. L. 78: Entire section amended, p. 527, effective upon proclamation of the Governor, L. 79, p. 1671, December 29, 1978. Cross references: For vacancies in office due to refusal or neglect to qualify for such office, see § 10 of article XII of this constitution.
Co. Const. art. IX, § 8 — Article IX / Section 8
CO Const., Article IX, Section 8
Status: in_force

Religious test and race discrimination forbidden - sectarian tenets. No religious test or qualification shall ever be required of any person as a condition of admission into any public educational institution of the state, either as a teacher or student; and no teacher or student of any such institution shall ever be required to attend or participate in any religious service whatsoever. No sectarian tenets or doctrines shall ever be taught in the public school, nor shall any distinction or classification of pupils be made on account of race or color, nor shall any pupil be assigned or transported to any public educational institution for the purpose of achieving racial balance. Source: Entire article added, effective August 1, 1876, see L. 1877, p. 56. Initiated 74: Entire section was amended, effective upon proclamation of the Governor, December 20, 1974, but does not appear in the session laws. Cross references: For religious freedom, see § 4 of article II of this constitution.
Co. Const. art. VII, § 8 — Article VII / Section 8
CO Const., Article VII, Section 8
Status: in_force

Elections by ballot or voting machine. All elections by the people shall be by ballot, and in case paper ballots are required to be used, no ballots shall be marked in any way whereby the ballot can be identified as the ballot of the person casting it. The election officers shall be sworn or affirmed not to inquire or disclose how any elector shall have voted. In all cases of contested election in which paper ballots are required to be used, the ballots cast may be counted and compared with the list of voters, and examined under such safeguards and regulations as may be provided by law. Nothing in this section, however, shall be construed to prevent the use of any machine or mechanical contrivance for the purpose of receiving and registering the votes cast at any election, provided that secrecy in voting is preserved. When the governing body of any county, city, city and county or town, including the city and county of Denver, and any city, city and county or town which may be governed by the provisions of special charter, shall adopt and purchase a voting machine, or voting machines, such governing body may provide for the payment therefor by the issuance of interest-bearing bonds, certificates of indebtedness or other obligations, which shall be a charge upon such city, city and county, or town; such bonds, certificates or other obligations may be made payable at such time or times, not exceeding ten years from date of issue, as may be determined, but shall not be issued or sold at less than par. Source: Entire article added, effective August 1, 1876, see L. 1877, p. 52. L. 05: Entire section amended, p. 168. L. 46: Entire section amended, see. L. 47, p. 427. Cross references: For notice and preparation for general, primary, and special elections, see article 4 of title 1; for notice and preparation for municipal elections, see § 31-10-501; for the conduct of general, primary, and special elections, see article 7 of title 1; for the conduct of municipal elections, see part 6 of article 10 of title 31; for the method of voting and use of voting systems for general, primary, and special elections, see parts 4 and 6 of article 5 of title 1; for use of voting machines for municipal elections, see part 7 of article 10 of title 31; for contests of general, primary, and special elections, see part 2 of article 11 of title 1; for contests of municipal elections, see part 13 of article 10 of title 31. ​
Co. Const. art. XVII, § 1 — Article XVII / Section 1
CO Const., Article XVII, Section 1
Status: in_force

Persons subject to service. The militia of the state shall consist of all able-bodied male residents of the state between the ages of eighteen and forty-five years; except, such persons as may be exempted by the laws of the United States, or of the state. Source: Entire article added, effective August 1, 1876, see L. 1877, p. 72. Cross references: For the state defense force, see article 4 of title 28; for the composition of the state defense force, see § 28-4-104; for the requirement of United States citizenship, see § 28-4-112.
Co. Const. art. XXVIII, § 1 — Article XXVIII / Section 1
CO Const., Article XXVIII, Section 1
Status: in_force

Purposes and findings. The people of the state of Colorado hereby find and declare that large campaign contributions to political candidates create the potential for corruption and the appearance of corruption; that large campaign contributions made to influence election outcomes allow wealthy individuals, corporations, and special interest groups to exercise a disproportionate level of influence over the political process; that the rising costs of campaigning for political office prevent qualified citizens from running for political office; that because of the use of early voting in Colorado timely notice of independent expenditures is essential for informing the electorate; that in recent years the advent of significant spending on electioneering communications, as defined herein, has frustrated the purpose of existing campaign finance requirements; that independent research has demonstrated that the vast majority of televised electioneering communications goes beyond issue discussion to express electoral advocacy; that political contributions from corporate treasuries are not an indication of popular support for the corporation's political ideas and can unfairly influence the outcome of Colorado elections; and that the interests of the public are best served by limiting campaign contributions, establishing campaign spending limits, providing for full and timely disclosure of campaign contributions, independent expenditures, and funding of electioneering communications, and strong enforcement of campaign finance requirements. Source: Initiated 2002: Entire article added, L. 2003, p. 3597. For the effective date of this article, see the editor's note following the article heading. Initiated 2012: Entire section amended, effective upon proclamation of the Governor, L. 2013, p. 3301, January 1, 2013.
Co. Const. art. V, § 32 — Article V / Section 32
CO Const., Article V, Section 32
Status: in_force

Appropriation bills. The general appropriation bill shall embrace nothing but appropriations for the expense of the executive, legislative and judicial departments of the state, state institutions, interest on the public debt and for public schools. All other appropriations shall be made by separate bills, each embracing but one subject. Source: Entire article added, effective August 1, 1876, see L. 1877, p. 42. L. 50: Entire section amended, see L. 51, p. 555. Cross references: For subjects and titles of appropriation bills, see § 21 of this article.
Co. Const. art. XXIX, § 16 — Article XXIX / Section 16
CO Const., Article XXIX, Section 16
Status: in_force

Congressional election - canvass. The votes cast for representatives in congress at the first election held under this constitution shall be canvassed and the result determined in the manner provided by the laws of the territory for the canvass of votes for delegate in congress.
Co. Const. art. XI, § 5 — Article XI / Section 5
CO Const., Article XI, Section 5
Status: in_force

Debt for public buildings - how created. A debt for the purpose of erecting public buildings may be created by law as provided for in section four of this article, not exceeding in the aggregate three mills on each dollar of said valuation; provided, that before going into effect, such law shall be ratified by the vote of a majority of such qualified electors of the state as shall vote thereon at a general election under such regulations as the general assembly may prescribe. Source: Entire article added, effective August 1, 1876, see L. 1877, p. 62. Cross references: For limitation on public debt, see § 3 of this article.
Co. Const. art. II, § 1 — Article II / Section 1
CO Const., Article II, Section 1
Status: in_force

Vestment of political power. All political power is vested in and derived from the people; all government, of right, originates from the people, is founded upon their will only, and is instituted solely for the good of the whole. Source: Entire article added, effective August 1, 1876, see L. 1877, p. 28.
Co. Const. art. II, § 3 — Article II / Section 3
CO Const., Article II, Section 3
Status: in_force

Inalienable rights. All persons have certain natural, essential and inalienable rights, among which may be reckoned the right of enjoying and defending their lives and liberties; of acquiring, possessing and protecting property; and of seeking and obtaining their safety and happiness. Source: Entire article added, effective August 1, 1876, see L. 1877, p. 29. Cross references: For the guarantee of judicial process for protection of inalienable rights, see § 25 of this article.
Co. Const. art. XI, § 2a — Article XI / Section 2a
CO Const., Article XI, Section 2a
Status: in_force

Student loan program. The general assembly may by law provide for a student loan program to assist students enrolled in educational institutions. Source: L. 72: Entire section added, p. 643, effective upon proclamation of the Governor, January 11, 1973.
Co. Const. art. II, § 31 — Article II / Section 31
CO Const., Article II, Section 31
Status: in_force

Marriages - valid or recognized. Only a union of one man and one woman shall be valid or recognized as a marriage in this state. Source: Initiated 2006: Entire section added, effective upon proclamation of the Governor, L. 2007, p. 2962, December 31, 2006. Editor's note: (1) In Kitchen v. Herbert, 755 F.3d 1193 (10th Cir. 2014), the Tenth Circuit Court of Appeals held that the Fourteenth Amendment to the United States Constitution protects the fundamental right to marry, establish a family, raise children, and enjoy the full protection of a state's marital laws. A state may not deny the issuance of a marriage license to two persons, or refuse to recognize their marriage, based solely upon the sex of the persons in the marriage union. (2) In Bishop v. Smith, 760 F.3d 1070 (10th Cir. 2014), the Tenth Circuit held that Oklahoma's constitutional ban on same-sex marriage that states "Marriage in this state shall consist only of the union of one man and one woman." violates the Equal Protection Clause of the Fourteenth Amendment by precluding same-sex couples from receiving an Oklahoma marriage license. The Tenth Circuit has jurisdiction over Colorado in addition to Utah and Oklahoma, and section 31 of article II of the state constitution is similar to the constitutional provisions of those states. On January 16, 2015, the U.S. Supreme Court granted petitions for writs of certiorari in consolidated cases from Sixth Circuit states that also had similar provisions. (3) In Obergefell v. Hodges, 576 U.S. __ (2015), the U.S. Supreme Court interpreted state constitutional and statutory provisions similar to section 31 of article II of the state constitution and to this provision and held that the right to marry is a fundamental right and that the Fourteenth Amendment requires a state to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out of state.
Co. Const. art. XXVII, § 1 — Article XXVII / Section 1
CO Const., Article XXVII, Section 1
Status: in_force

Great Outdoors Colorado Program. (1) The people of the State of Colorado intend that the net proceeds of every state-supervised lottery game operated under the authority of Article XVIII, Section 2 shall be guaranteed and permanently dedicated to the preservation, protection, enhancement and management of the state's wildlife, park, river, trail and open space heritage, except as specifically provided in this article. Accordingly, there shall be established the Great Outdoors Colorado Program to preserve, protect, enhance and manage the state's wildlife, park, river, trail and open space heritage. The Great Outdoors Colorado Program shall include: ​ (a) Wildlife program grants which: (I) Develop wildlife watching opportunities; (II) Implement educational programs about wildlife and wildlife environment; (III) Provide appropriate programs for maintaining Colorado's diverse wildlife heritage; (IV) Protect crucial wildlife habitats through the acquisition of lands, leases or easements and restore critical areas; (b) Outdoor recreation program grants which: (I) Establish and improve state parks and recreation areas throughout the State of Colorado; (II) Develop appropriate public information and environmental education resources on Colorado's natural resources at state parks, recreation areas, and other locations throughout the state; (III) Acquire, construct and maintain trails and river greenways; (IV) Provide water for recreational purposes through the acquisition of water rights or through agreements with holders of water rights, all in accord with applicable state water law; (c) A program to identify, acquire and manage unique open space and natural areas of statewide significance through grants to the Colorado Divisions of Parks and Outdoor Recreation and Wildlife, or municipalities, counties, or other political subdivision of the State, or non-profit land conservation organizations, and which will encourage cooperative investments by other public or private entities for these purposes; and (d) A program for grants to match local investments to acquire, develop and manage open space, parks, and environmental education facilities, and which will encourage cooperative investments by other public or private entities for these purposes. Source: Initiated 92: Entire article added, effective upon proclamation of the Governor, L. 93, p. 2169, January 14, 1993. Cross references: For implementation of the great outdoors Colorado program, see article 60 of title 33.
Co. Const. art. XVI, § 1 — Article XVI / Section 1
CO Const., Article XVI, Section 1
Status: in_force

Commissioner of mines. There shall be established and maintained the office of commissioner of mines, the duties and salaries of which shall be prescribed by law. When said office shall be established, the governor shall, with the advice and consent of the senate, appoint thereto a person known to be competent, whose term of office shall be four years. Source: Entire article added, effective August 1, 1876, see L. 1877, p. 71. Cross references: For the designation of the executive director of the department of natural resources as the commissioner of mines, see § 24-1-124 (1).
Co. Const. art. IX, § 5 — Article IX / Section 5
CO Const., Article IX, Section 5
Status: in_force

Of what school fund consists. The public school fund of the state shall consist of the proceeds of such land as have heretofore been, or may hereafter, be granted to the state by the general government for educational purposes; all estates that may escheat to the state; also all other grants, gifts or devises that may be made to this state for educational purpose. Source: Entire article added, effective August 1, 1876, see L. 1877, p. 55.
Co. Const. art. XXVIII, § 8 — Article XXVIII / Section 8
CO Const., Article XXVIII, Section 8
Status: in_force

Filing - where to file - timeliness. The secretary of state shall promulgate rules relating to filing in accordance with article 4 of title 24, C.R.S., or any successor section. The rules promulgated pursuant to this section shall extend section 1-45-109, C.R.S., or any successor section to apply to small donor committees. Source: Initiated 2002: Entire article added, L. 2003, p. 3606. For the effective date of this article, see the editor's note following the article heading.
Co. Const. art. V, § 30 — Article V / Section 30
CO Const., Article V, Section 30
Status: in_force

Salary of governor and judges to be fixed by the legislature - term not to be extended or salaries increased or decreased. (Repealed) Source: Entire article added, effective August 1, 1876, see L. 1877, p. 42. L. 1881: ​ Entire section amended, p. 63. L. 28: Entire section amended, see L. 29, p. 286. L. 74: Entire section repealed, p. 450, effective January 1, 1975. Editor's note: The Governor's proclamation date in 1974 was December 20, 1974.
Co. Const. art. IV, § 22 — Article IV / Section 22
CO Const., Article IV, Section 22
Status: in_force

Principal departments. All executive and administrative offices, agencies, and instrumentalities of the executive department of state government and their respective functions, powers, and duties, except for the office of governor and lieutenant governor, shall be allocated by law among and within not more than twenty departments. Subsequently, all new powers or functions shall be assigned to departments, divisions, sections, or units in such manner as will tend to provide an orderly arrangement in the administrative organization of state government. Temporary commissions may be established by law and need not be allocated within a principal department. Nothing in this section shall supersede the provisions of section 13, article XII, of this constitution, except that the classified civil service of the state shall not extend to heads of principal departments established pursuant to this section. Source: L. 66: Entire section added, see L. 67, p. 1 of the supplement to the 1967 Session Laws. L. 69: Entire section amended, p. 1246, effective upon proclamation of the Governor, December 7, 1970. L. 2004: Entire section amended, p. 2745, effective upon proclamation of the Governor, L. 2005, p. 2341, December 1, 2004.
Co. Const. art. X, § 15 — Article X / Section 15
CO Const., Article X, Section 15
Status: in_force

Boards of equalization - duties - property tax administrator. (1) (a) There shall be in each county of the state a county board of equalization, consisting of the board of county commissioners of said county. As may be prescribed by law, the county boards of equalization shall raise, lower, adjust, and equalize valuations for assessment of taxes upon real and personal property located within their respective counties, subject to review and revision by the state board of equalization. (b) There shall be a state board of equalization, consisting of the governor or his designee, the speaker of the house of representatives or his designee, the president of the senate or his designee, and two members appointed by the governor with the consent of the senate. Each of such appointed members shall be a qualified appraiser or a former county assessor or a person who has knowledge and experience in property taxation. The general assembly shall provide by law for the political composition of such board and for the compensation of its members and, with regard to the appointed members, for terms of office, the filling of vacancies, and removal from office. As may be prescribed by law, the state board of equalization shall review the valuations determined for assessment of taxes upon the various classes of real and personal property located in the several counties of the state and shall, upon a majority vote, raise, lower, and adjust the same to the end that all valuations for assessment of taxes shall be just and equalized; except that said state board of equalization shall have no power of original assessment. Whenever a majority vote of the state board of equalization is prescribed by this constitution or by statute, "majority vote" means an affirmative vote of the majority of the entire membership of such board. (c) The state board of equalization and the county boards of equalization shall perform such other duties as may be prescribed by law. (2) The state board of equalization shall appoint, by a majority vote, a property tax administrator who shall serve for a term of five years and until his successor is appointed and qualified unless removed for cause by a majority vote of the state board of equalization. The property tax administrator shall have the duty, as provided by law, of administering the property tax laws and such other duties as may be prescribed by law and shall be subject to the supervision and control of the state board of equalization. The position of property tax administrator shall be exempt from the personnel system of this state. Source: Entire article added, effective August 1, 1876, see L. 1877, p. 59. L. 13: Entire section amended, see L. 15, p.163. L. 62: Entire section amended, see L. 63, p. 1059. L. 82: Entire section amended, p. 695, effective upon proclamation of the Governor, L. 83, p. 1682, December 30, 1982. Cross references: For county boards of equalization, see article 8 of title 39; for the state board of equalization, see article 9 of title 39.