In re Title, Ballot Title, and Submission Clause for Proposed Initiatives 2025–2026 Nos. 241, 242, 328.

2026 CO 58. Nos. 26SA122, 26SA123, & 26SA157. Proposed Ballot Title Initiatives—Single Subject Requirement.

June 29, 2026

In these three cases, the supreme court reviewed the actions of the Title Board in (1) setting the titles and the ballot titles and submission clauses for Initiative 2025–2026 #241 (Initiative #241) and Initiative 2025–2026 #242 (Initiative #242) and (2) declining to set a title for Initiative 2025–2026 #328 (Initiative #328). Each of these cases presents, among other issues, the question of whether an initiative violates the single subject requirement when its effectiveness is conditioned on the passage of a separate initiative.

The court concluded that an initiative violates the single subject requirement in these circumstances, and therefore Initiative #241, Initiative #242, and Initiative #328 run afoul of article V, § 1(5.5) of the Colorado Constitution and CRS § 1-40-106.5. Accordingly, the court reversed the actions of the Title Board in case numbers 26SA122 and 26SA123 and affirmed the action of the Title Board in case number 26SA157.