Colorado § 1-40-110 - Warning - ballot title.

§ 1-40-110. Warning - ballot title.

(1) At the top of each page of every initiative or referendum petition section shall be printed, in a form as prescribed by the secretary of state, the following:

WARNING:

IT IS AGAINST THE LAW:

For anyone to sign any initiative or referendum petition with any name other than his or her own or to knowingly sign his or her name more than once for the same measure or to knowingly sign a petition when not a registered elector who is eligible to vote on the measure.

DO NOT SIGN THIS PETITION UNLESS YOU ARE A REGISTERED ELECTOR AND ELIGIBLE TO VOTE ON THIS MEASURE. TO BE A REGISTERED ELECTOR, YOU MUST BE A CITIZEN OF COLORADO AND REGISTERED TO VOTE.

Before signing this petition, you are encouraged to read the text or the title of the proposed initiative or referred measure.

You are also encouraged to read the fiscal summary that is included at the beginning of this petition.

By signing this petition, you are indicating that you want this measure to be included on the ballot as a proposed change to the (Colorado constitution/Colorado Revised Statutes). If a sufficient number of registered electors sign this petition, this measure will appear on the ballot at the November (year) election.​

(2) The ballot title for the measure shall then be printed on each page following the warning.

(3) For a petition section for a measure to be valid, the fiscal summary prepared in accordance with section 1-40-105.5 must be printed on the first page of an initiative petition section.

Source: L. 93: Entire article amended with relocations, p. 682, § 1, effective May 4. L. 95: IP(1) amended, p. 433, § 8, effective May 8. L. 2000: (1) amended, p. 1622, § 7, effective August 2. L. 2009: (1) amended, (HB 09-1326), ch. 258, p. 1172, § 8, effective May 15. L. 2015: (1) amended and (3) added, (HB 15-1057), ch. 198, p. 678, § 5, effective March 26, 2016. L. 2020: (1) and (3) amended, (HB 20-1416), ch. 232, p. 1126, § 4, effective November 1.

Editor's note: This section is similar to former § 1-40-106 as it existed prior to 1993, and the former § 1-40-110 was relocated to § 1-40-121 (1).

ANNOTATION

I. General Consideration.

II. Constitutional Construction.

I. GENERAL CONSIDERATION.

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

Subsection (2) (now § 1-40-111) prohibited the court from validating the signatures collected for an initiative when its title and submission clause were found to be misleading. Matter of the Proposed Initiated Constitutional Amendment Concerning Limited Gaming in the City of Antonito, 873 P.2d 733 (Colo. 1994).

II. CONSTITUTIONAL CONSTRUCTION.

Section 1-40-106 must be construed so as to allow qualified electors of the ages of eighteen through twenty to participate in the initiative process. Colo. Project-Common Cause v. Anderson, 178 Colo. 1, 495 P.2d 220 (1972).

Liberal construction must be given to statutes implementing initiative provisions of constitution. Billings v. Buchanan, 192 Colo. 32, 555 P.2d 176 (1976).