In re Title, Ballot Title & Submission Clause for 2019–2020 #293.
2020 CO 62. No. 20SA136. Clear Title Requirement—Single Subject Requirement—Ballot Titles.
June 22, 2020
In this case, the Supreme Court reviewed the Title Board’s actions in setting the title and the ballot title and submission clause for Initiative 2019–2020 #293 (Initiative #293). Initiative #293 proposes to add Colo. Const. art. X, § 22 and to amend certain statutory provisions in Colorado Revised Statutes Titles 24 and 39 to create a new preschool program. The measure implements the new preschool program, in part, by (1) redirecting certain state cigarette and tobacco tax revenue away from local governments that ban selling tobacco or nicotine products and to the new preschool program, and (2) reallocating a portion of the cigarette and tobacco taxes collected under Colo. Const. art. X, § 22 that are currently allocated to several health-related programs.
The Court concluded that the title that the Title Board set for Initiative #293 presents a single subject—namely, the creation and administration of a Colorado preschool program funded by reallocating existing taxes on, and other revenues derived from, tobacco and nicotine products. The Court further concluded that the title satisfies the clear title requirement because it describes Initiative #293’s central features succinctly, accurately, and fairly and in a manner that will not mislead voters. Accordingly, the Court affirmed the Title Board’s actions in setting the title for Initiative #293.
Clear Title Requirement, Single Subject Requirement, Ballot Titles