Colorado, USA, regional Popular or citizen-initiated referendum [PCR] - Referendum

General Typology

Instrument
Popular or citizen-initiated referendum [PCR]
Location
Colorado, USA
Political level
regional
Local Name:
Referendum
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Constitution of the State of Colorado
Article V, Section 1
[...]
(3) The second power hereby reserved is the referendum, and it may be ordered, except as to laws necessary for the immediate preservation of the public peace, health, or safety, and appropriations for the support and maintenance of the departments of state and state institutions, against any act or item, section, or part of any act of the general assembly, either by a petition signed by registered electors in an amount equal to at least five percent of the total number of votes cast for all candidates for the office of the secretary of state at the previous general election or by the general assembly. Referendum petitions, in such form as may be prescribed pursuant to law, shall be addressed to and filed with the secretary of state not more than ninety days after the final adjournment of the session of the general assembly that passed the bill on which the referendum is demanded. The filing of a referendum petition against any item, section, or part of any act shall not delay the remainder of the act from becoming operative.
[...]

Source: Constitution of the State of Colorado 1876 (accessed 9 June 2017)

Subject Matter:

Repealing laws or parts of laws via referendum

Actors

Author:
Citizen
Initiator:
Electorate : 5% of the number of votes cast for Secretary of State in the last general election
Decision maker:
Electorate

Requirements

Number Of Signatures:
5% of the total number of votes for Secretary of State in the last general election
Available Time:
90 days
Turnout Quorum:
Legal source does not mention turnout quorum
Approval Quorum:
Legal source does not mention specific approval quorum
Geographical Quorum:
Legal source does not mention geographical quorum
Excluded Issues:

Constitution of the State of Colorado
Article V, Section 1
[...] it may be ordered, except as to laws necessary for the immediate preservation of the public peace, health, or safety, and appropriations for the support and maintenance of the departments of state and state institutions [...]

Source: Constitution of the State of Colorado 1876 (accessed 9 June 2017)

Other Formal Requirements:

Constitution of the State of Colorado
Article V, Section I
[...]
(6) The petition shall consist of sheets having such general form printed or written at the top thereof as shall be designated or prescribed by the secretary of state; such petition shall be signed by registered electors in their own proper persons only, to which shall be attached the residence address of such person and the date of signing the same. To each of such petitions, which may consist of one or more sheets, shall be attached an affidavit of some registered elector that each signature thereon is the signature of the person whose name it purports to be and that, to the best of the knowledge and belief of the affiant, each of the persons signing said petition was, at the time of signing, a registered elector. Such petition so verified shall be prima facie evidence that the signatures thereon are genuine and true and that the persons signing the same are registered electors.

Source: Constitution of the State of Colorado 1876 (accessed 9 June 2017)

Procedural Elements

Collection Mode:
free
Specify Collection Mode:

1-40-111. Signatures - affidavits - notarization - list of circulators and notaries

(1) Any initiative or referendum petition shall be signed only by registered electors who are eligible to vote on the measure [...]

1-40-112. Circulators - requirements - training

(1) No person shall circulate a petition for an initiative or referendum measure unless the person is a resident of the state, a citizen of the United States, and at least eighteen years of age at the time the petition is circulated.

(2) (a) A circulator who is not to be paid for circulating a petition concerning a ballot issue shall display an identification badge that includes the words "VOLUNTEER CIRCULATOR" in bold-faced type that is clearly legible.

(b) A circulator who is to be paid for circulating a petition concerning a ballot issue shall display an identification badge that includes the words "PAID CIRCULATOR" in bold-faced type that is clearly legible and the name and telephone number of the individual employing the circulator.
[...]
(4) It shall be unlawful for any person to pay a circulator more than twenty percent of his or her compensation for circulating petitions on a per signature or petition section basis.
[...]

1-40-135. Petition entities - requirements - definition
[...]
(2) (a) It is unlawful for any petition entity to provide compensation to a circulator to circulate a petition without first obtaining a license [...]

Source: Colorado Revised Statutes (accessed 9 June 2017)

Wording Of Ballot Question:

Constitution of the State of Colorado, Article V, Section 1

(5.5) No measure shall be proposed by petition containing more than one subject, which shall be clearly expressed in its title [...]

1-40-106. Title board - meetings - ballot title - initiative and referendum

(1) For ballot issues, beginning with the first submission of a draft after an election, the secretary of state shall convene a title board consisting of the secretary of state, the attorney general, and the director of the office of legislative legal services or their designees. The title board, by majority vote, shall proceed to designate and fix a proper fair title for each proposed law or constitutional amendment, together with a submission clause, at public meetings [...]

1-40-115. Ballot - voting - publication

(1) Measures shall appear upon the official ballot by ballot title only. [...]

Source: Constitution of the State of Colorado and Colorado Revised Statutes (accessed 9 June 2017)

Interaction With Authorities:

Constitution of the State of Colorado
Article V, Section 1

(7.5)(a) Before any election at which the voters of the entire state will vote on any initiated or referred constitutional amendment or legislation, the nonpartisan research staff of the general assembly shall prepare and make available to the public the following information in the form of a ballot information booklet:

(I) The text and title of each measure to be voted on;

(II) A fair and impartial analysis of each measure, which shall include a summary and the major arguments both for and against the measure, and which may include any other information that would assist understanding the purpose and effect of the measure. Any person may file written comments for consideration by the research staff during the preparation of such analysis.

Colorado Revised Statutes
1-40-116. Verification - ballot issues - random sampling

(4) The secretary of state shall verify the signatures on the petition by use of random sampling. [...]

Source: Constitution of the State of Colorado (accessed 9 June 2017)

Supervision And Support:

1-40-112. Circulators - requirements - training

[...]
(3) The secretary of state shall develop circulator training programs for paid and volunteer circulators. [...]

Source: Colorado Revised Statutes (sccessed 9 June 2017)

Transparency And Finance:

Campaign finance laws are enforced by the Colorado Secretary of State-Elections Division.

Practice

Archive:
Remarks: