(1) Measures shall appear upon the official ballot by ballot title only. The measures shall be placed on the ballot in the order in which they were certified to the ballot and as provided in section 1-5-407 (5), (5.3), and (5.4).
(2) (a) All ballot measures shall be printed on the official ballot in that order, together with their respective letters and numbers prefixed in bold-faced type. A ballot issue arising under section 20 of article X of the state constitution shall appear in capital letters. Each ballot shall have the following explanation printed one time at the beginning of such ballot measures: "Ballot questions referred by the general assembly or any political subdivision are listed by letter, and ballot questions initiated by the people are listed numerically. A ballot question listed as an 'amendment' proposes a change to the Colorado constitution, and a ballot question listed as a 'proposition' proposes a change to the Colorado Revised Statutes. A 'yes/for' vote on any ballot question is a vote in favor of changing current law or existing circumstances, and a 'no/against' vote on any ballot question is a vote against changing current law or existing circumstances." Each ballot title shall appear on the official ballot but once. For each ballot title that is an amendment, the amendment number or letter shall be immediately followed by the description "(CONSTITUTIONAL)". For each ballot title that is a proposition, the proposition number or letters shall be immediately followed by the description "(STATUTORY)". Each ballot title shall be separated from the other ballot titles next to it by heavy black lines and shall be followed by the words "YES/FOR" and "NO/AGAINST", along with a place for an eligible elector to designate his or her choice by a mark as instructed.
(b) For purposes of preparing an audio ballot as part of an accessible voting system:
(I) In lieu of the parenthetical description preceding a ballot title that is an amendment required by paragraph (a) of this subsection (2), the audio ballot shall include the following: "The following ballot question proposes a change to the Colorado constitution."; and
(II) In lieu of the parenthetical description preceding a ballot title that is a proposition required by paragraph (a) of this subsection (2), the audio ballot shall include the following: "The following ballot question proposes a change to the Colorado Revised Statutes.".
(3) A voter desiring to vote for the measure shall designate his or her choice by a mark in the place for "yes/for"; a voter desiring to vote against the measure shall designate his or her choice by a mark in the place for "no/against"; and the votes marked shall be counted accordingly. Any measure approved by the people of the state shall be printed with the acts of the next general assembly.
Source: L. 93: Entire article amended with relocations, p. 685, § 1, effective May 4. L. 94: (1) amended, p. 1180, § 74, effective July 1. L. 95: (3) amended, p. 434, § 11, effective May 8. L. 97: (2) amended, p. 189, § 17, effective August 6. L. 2000: (2) amended, p. 297, § 2, effective August 2. L. 2009: (2) amended, (HB 09-1326), ch. 258, p. 1175, § 12, effective January 1, 2010. L. 2010: (1) amended, (HB 10-1116), ch. 194, p. 840, § 28, effective May 5. L. 2012: (2) amended, (HB 12-1292), ch. 181, p. 688, § 41, effective May 17; (2)(a) and (3) amended, (HB 12-1089), ch. 70, p. 242, § 3, effective January 1, 2013.
Editor's note: (1) This section is similar to former § 1-40-108 (1) as it existed prior to 1993, and the former § 1-40-115 was relocated to § 1-40-127.
(2) Amendments to subsection (2)(a) by House Bill 12-1089 and House Bill 12-1292 were harmonized.
Cross references: (1) For printing of session laws, see § 24-70-223.
(2) For the legislative declaration in the 2012 act amending subsections (2)(a) and (3), see section 1 of chapter 70, Session Laws of Colorado 2012.
Structure Colorado Code
Article 40 - Initiative and Referendum
§ 1-40-101. Legislative Declaration
§ 1-40-103. Applicability of Article
§ 1-40-104. Designated Representatives
§ 1-40-105.5. Initial Fiscal Impact Statement - Definition
§ 1-40-106. Title Board - Meetings - Ballot Title - Initiative and Referendum - Definitions
§ 1-40-107. Rehearing - Appeal - Fees - Signing
§ 1-40-108. Petition - Time of Filing
§ 1-40-109. Signatures Required - Withdrawal
§ 1-40-110. Warning - Ballot Title
§ 1-40-111. Signatures - Affidavits - Notarization - List of Circulators and Notaries
§ 1-40-112. Circulators - Requirements - Training
§ 1-40-113. Form - Representatives of Signers
§ 1-40-114. Petitions - Not Election Materials - No Bilingual Language Requirement
§ 1-40-115. Ballot - Voting - Publication
§ 1-40-116. Validation - Ballot Issues - Random Sampling - Rules
§ 1-40-117. Statement of Sufficiency - Cure
§ 1-40-119. Procedure for Hearings
§ 1-40-120. Filing in Federal Court
§ 1-40-122. Certification of Ballot Titles
§ 1-40-123. Counting of Votes - Effective Date - Conflicting Provisions
§ 1-40-124.5. Ballot Information Booklet
§ 1-40-125. Mailing to Electors
§ 1-40-130. Unlawful Acts - Penalty
§ 1-40-131. Tampering With Initiative or Referendum Petition
§ 1-40-133. Retention of Petitions
§ 1-40-134. Withdrawal of Initiative Petition