In the Matter of the Title, Ballot Title, and Submission Clause for Proposed Initiative 2023–2024 #188.

2024 CO 53. No. 24SA120. CRS § 1-40-107(2)—Statutory Jurisdiction—Ballot Title Board.

June 24, 2024

The Supreme Court held that it lacks jurisdiction to consider appeals under CRS § 1-40-107(2) if the underlying motion for rehearing did not comply with § 1-40-107(1). Here, petitioner asked the Title Board to reconsider whether the revisions to Proposed Initiative #188 complied with aspects of the revision and resubmission provisions contained in article V, section 1(5.5) of the Colorado Constitution. Section 1-40-107(1) does not permit motions for rehearing on this question, so the Court dismissed the appeal for lack of jurisdiction under § 1-40-107(2).