2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Article 40 - INITIATIVE AND REFERENDUM (§§ 1-40-101 — 1-40-136) › Section 1-40-107 - Rehearing - appeal - fees - signing

(1)
(a)
(I)
Any person presenting an initiative petition or any registered elector who is not satisfied with a decision of the title board with respect to whether a petition contains more than a single subject pursuant to section
1-40-106.5
, or who is not satisfied with the titles and submission clause provided by the title board and who claims that they are unfair or that they do not fairly express the true meaning and intent of the proposed state law or constitutional amendment may file a motion for a rehearing with the secretary of state within seven days after the decision is made or the titles and submission clause are set.
(II)
The designated representatives of the proponents or any registered elector who is not satisfied with the fiscal summary prepared by the director of research of the legislative council of the general assembly in accordance with section
1-40-105.5
may file a motion for a rehearing with the secretary of state within seven days after the titles and submission clause for the initiative petition are set on the grounds that:
(A)
(Deleted by amendment, L. 2020.)
(B)
The fiscal summary is misleading or prejudicial; or
(C)
The fiscal summary does not comply with the requirements set forth in section
1-40-105.5
(1.5).
(III)
The designated representatives of the proponents or any registered elector who is not satisfied with the determination by the title board made pursuant to section
1-40-106
(3.5) with respect to whether a petition that proposes a constitutional amendment only repeals in whole or in part a provision of the state constitution may file a motion for a rehearing with the secretary of state within seven days after the titles and submission clause for the initiative petition are set on the grounds that the determination is incorrect.
(b)
A motion for rehearing must be typewritten and set forth with particularity the grounds for rehearing. If the motion claims that the petition contains more than a single subject, then the motion must, at a minimum, include a short and plain statement of the reasons for the claim. If the motion claims that the title and submission clause set by the title board are unfair or that they do not fairly express the true meaning and intent of the proposed state law or constitutional amendment, then the motion must identify the specific wording that is challenged. If the motion claims that the fiscal summary is misleading or prejudicial or does not comply with the statutory requirements, the motion must specifically identify the specific wording that is challenged or the requirement at issue. The title board may modify the fiscal summary based on information presented at the rehearing. If the motion claims that the determination of whether the petition that proposes a constitutional amendment only repeals in whole or in part a constitutional provision is incorrect, the motion must include a short and plain statement of the reasons for the claim.
(c)
The motion for rehearing shall be heard at the next regularly scheduled meeting of the title board; except that, if the title board is unable to complete action on all matters scheduled for that day, consideration of any motion for rehearing may be continued to the next available day, and except that, if the titles and submission clause protested were set at the last meeting in April, the motion shall be heard within forty-eight hours after the expiration of the seven-day period for the filing of such motions. The decision of the title board on any motion for rehearing shall be final, except as provided in subsection (2) of this section, and no further motion for rehearing may be filed or considered by the title board.
(2)
If any person presenting or the designated representatives of the proponents of an initiative petition for which a motion for a rehearing is filed, any registered elector who filed a motion for a rehearing pursuant to subsection (1) of this section, or any other registered elector who appeared before the title board in support of or in opposition to a motion for rehearing is not satisfied with the ruling of the title board upon the motion, then the secretary of state shall furnish such person, upon request, a certified copy of the petition with the titles and submission clause of the proposed law or constitutional amendment, the fiscal summary, or the determination whether the petition repeals in whole or in part a constitutional provision, together with a certified copy of the motion for rehearing and of the ruling thereon. If filed with the clerk of the supreme court within seven days thereafter, the matter shall be disposed of promptly, consistent with the rights of the parties, either affirming the action of the title board or reversing it, in which latter case the court shall remand it with instructions, pointing out where the title board is in error.
(3)
The secretary of state shall be allowed a fee which shall be determined and collected pursuant to section
24-21-104 (3)
, C.R.S., for certifying a record of any proceedings before the title board. The clerk of the supreme court shall receive one-half the ordinary docket fee for docketing any such cause, all of which shall be paid by the parties desiring a review of such proceedings.
(4)
No petition for any initiative measure shall be circulated nor any signature thereto have any force or effect which has been signed before the titles and submission clause have been fixed and determined as provided in section
1-40-106
and this section, or before the fiscal summary has been fixed and determined as provided in section
1-40-105.5
and this section.
(5)
In the event a motion for rehearing is filed in accordance with this section, the period for filing a petition in accordance with section
1-40-108
shall not begin until a final decision concerning the motion is rendered by the title board or the Colorado supreme court; except that under no circumstances shall the period for filing a petition be extended beyond three months and three weeks prior to the election at which the petition is to be voted upon.
(5.5)
If the title board modifies the fiscal summary pursuant to this section, the secretary of state shall provide the director of research of the legislative council of the general assembly with a copy of the amended fiscal summary, and the director shall post the new version of the fiscal summary on the legislative council website.
(6)
(Deleted by amendment, L. 2000, p. 1622, § 5, effective August 2, 2000.)
(7)
(Deleted by amendment, L. 95, p. 432, § 5, effective May 8, 1995.)
Amended by 2020 Ch. 232, § 3, eff. 11/1/2020.
Amended by 2017 Ch. 169, § 2, eff. 8/9/2017.
Amended by 2015 Ch. 198, § 4, eff. 3/26/2016.
L. 93: Entire article amended with relocations, p. 680, § 1, effective May 4. L. 95: (1) and (7) amended, p. 432, § 5, effective May 8. L. 98: (2) amended, p. 635, § 9, effective May 6. L. 2000: (1), (2), (4), and (6) amended, pp. 1621, 1622, §§ 2, 5, effective August 2; (6) amended, p. 297, § 1, effective August 2. L. 2004: (1) amended, p. 756, § 2, effective May 12. L. 2009: (1) and (5) amended, (HB 09-1326), ch. 1171, p. 1171, § 5, effective July 1. L. 2012: (1) and (2) amended, (HB 12-1313), ch. 511, p. 511, § 2, effective April 26; (2) amended, (SB 12-175), ch. 896, p. 896, § 172, effective July 1. L. 2015: (1)(a), (1)(b), (2), and (4) amended and (5.5) added, (HB 15-1057), ch. 677, p. 677, § 4, effective 3/26/2016. L. 2017: (1)(a)(III) added and (1)(b) and (2) amended, (SB 17-152), ch. 616, p. 616, § 2, effective August 9. L. 2020: (1)(a)(II), (1)(b), (2), (4), and (5.5) amended, (HB 20-1416), ch. 1124, p. 1124, § 3, effective November 1.
This section is similar to provisions of several former sections as they existed prior to 1993, and the former § 1-40-107 was relocated to §
1-40-113
.
For the general assembly, powers, and initiative and referendum reserved to the people, see also § 1 of art. V, Colo. Const.; for recall from office, see art. XXI, Colo. Const.