Colorado Revised Statutes

Colo. Rev. Stat. § 1-40-102 (2026)

Definitions

✓ current as of July 2026

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As used in this article 40, unless the context otherwise requires:

(1) "Ballot issue" means a nonrecall, citizen-initiated petition or legislatively-referred measure which is authorized by the state constitution, including a question as defined in sections 1-41-102 (3) and 1-41-103 (3), enacted in Senate Bill 93-98.

(2) "Ballot title" means the language which is printed on the ballot which is comprised of the submission clause and the title.

(3) (Deleted by amendment, L. 95, p. 430, § 2, effective May 8, 1995.)

(3.5) "Circulator" means a person who presents to other persons for possible signature a petition to place a measure on the ballot by initiative or referendum.

(3.7) "Designated representative of the proponents" or "designated representative" means a person designated pursuant to section 1-40-104 to represent the proponents in all matters affecting the petition.

(4) "Draft" means the typewritten proposed text of the initiative which, if passed, becomes the actual language of the constitution or statute, together with language concerning placement of the measure in the constitution or statutes.

(5) (Deleted by amendment, L. 95, p. 430, § 2, effective May 8, 1995.)

(6) "Section" means a bound compilation of initiative forms approved by the secretary of state, which shall include pages that contain the warning required by section 1-40-110 (1), the ballot title, the fiscal summary required by section 1-40-110 (3), and a copy of the proposed measure; succeeding pages that contain the warning, the ballot title, and ruled lines numbered consecutively for registered electors' signatures; and a final page that contains the affidavit required by section 1-40-111 (2). Each section shall be consecutively prenumbered by the petitioner prior to circulation.

(7) (Deleted by amendment, L. 95, p. 430, § 2, effective May 8, 1995.)

(8) "Submission clause" means the language which is attached to the title to form a question which can be answered by "yes" or "no".

(9) (Deleted by amendment, L. 2000, p. 1621, § 3, effective August 2, 2000.)

(10) "Title" means a brief statement that fairly and accurately represents the true intent and meaning of the proposed text of the initiative.

Source: L. 93: Entire article amended with relocations, p. 676, § 1, effective May 4; (1) amended, p. 1436, § 126, effective July 1. L. 95: (3) to (7) and (9) amended, p. 430, § 2, effective May 8. L. 2000: (6) and (9) amended, p. 1621, § 3, effective August 2. L. 2009: (3.5) added, (HB 09-1326), ch. 258, p. 1170, § 3, effective May 15. L. 2011: (3.7) added, (HB 11- 1072), ch. 255, p. 1102, § 2, effective August 10. L. 2015: (6) amended, (HB 15-1057), ch. 198, p. 674, § 1, effective March 26, 2016. L. 2020: IP and (6) amended, (HB 20-1416), ch. 232, p. 1122, § 1, effective November 1.

Editor's note: This section is similar to former § 1-40-100.3 as it existed prior to 1993, and the former § 1-40-102 (3)(b) was relocated to § 1-40-107 (5).

Cross references: For the legislative declaration in the 2011 act adding subsection (3.7), see section 1 of chapter 255, Session Laws of Colorado 2011.

Notes of Decisions

Cited in 47 cases, 1975–2013 · leading case: In Re Proposed Initiative Concerning Drinking Age in Colorado, 691 P.2d 1127 (Colo. 1984).

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In Re Proposed Initiative Concerning Drinking Age in Colorado, 691 P.2d 1127 (Colo. 1984). · cites it 14× “This is an original proceeding under section 1-40-102(3), 1B C.R.S. (1980), in which we must review the titles and submission clause approved by the Initiative Title Setting Review Board (Board) for a proposed initiated law concerning the dispensing and possession of fermented…”

In Re: Second Initiated Constitutional Amendment Respecting Rights of the Pub. to Uninterrupted Serv. by Pub. Employees of 1980, 613 P.2d 867 (Colo. 1980). · cites it 6× “This is an original proceeding pursuant to section 1-40-102(3), C.R.S. 1973 (1979 Supp.”

In re the Title, Ballot Title & Submission Clause, & Summary Pertaining to the Workers Comp Initiative Adopted on January 6, 1993, 850 P.2d 144 (Colo. 1993). · cites it 4× “In this original proceeding brought pursuant to section 1-40-102(3), IB C.R.S. (1992 Supp.”

In re the Title, Ballot Title, Submission Clause, & Summary, Adopted April 4th, 1990, Pertaining to the Proposed Initiative on Surface Mining, 797 P.2d 1275 (Colo. 1990). · cites it 5× “In this original proceeding under section 1-40-102(3), IB C.R.S. (1989 Supp.”

In Re Interrogatories Propounded by the Senate Concerning House Bill 1078, 536 P.2d 308 (Colo. 1975). · cites it 5× “Section 1-40-102(3), C.R.S. 1973. 2 Interrogatory No.”

Bickel v. City of Boulder, 885 P.2d 215 (Colo. 1994). · cites it 2× “’ ” § 1-40-102(2) & -102(8) & -102(10) (emphasis added).”

In Re Title, Ballot Title & Submission Clause, & Summary, Including the Estimate of Fiscal Impact & Explanation Thereof, Pertaining to the Increase of Taxes on Tobacco Prods. Initiative Adopted on March 2, 1988, 756 P.2d 995 (Colo. 1988). · cites it 4× “Section 1-40-102(3), IB C.R.S. (1987 Supp.”

City of Glendale v. Buchanan, 578 P.2d 221 (Colo. 1978). · cites it 3× “2 In In re Interrogatories Concerning House Bill 1078, supra, we indicated that subsection (3) of section 1-40-102, C.R.S. 1973, retains its vitality although subsections (1) and (2) were declared unconstitutional in Common Cause I, supra.”

In re the Title, Ballot Title, Submission Clause & Summary Pertaining to the Branch Banking Initiative Adopted on March 19, 1980, & Amended on April 8, 1980, 612 P.2d 96 (Colo. 1980). · cites it 6× “This is an original proceeding pursuant to section 1-40-102(3), C.R.S.1973 (1979 Supp.”

Byrne v. Title Bd., 907 P.2d 570 (Colo. 1995). · cites it 4× “We find no basis to suggest that the 1993 amendments to Article 40 were intended to alter the result reached in Workers' Comp Initiative and Election Reform Amendment. [4] This proposition is not explicitly stated in § 1-40-108.”

In re the Title, Ballot Title & Submission Clause, 872 P.2d 689 (Colo. 1994). · cites it 3× ““[T]he title board shall consider the public confusion that might be caused by misleading titles and shall, whenever practicable, avoid titles for which the general understanding of the effect of a ‘yes’ or ‘no’ vote will be unclear.”

In re the Title, Ballot Title & Submission Clause Approved September 4, 1991, 826 P.2d 1241 (Colo. 1992). · cites it 2× “In this statutory proceeding filed pursuant to section 1-40-102(3)(a), 1B C.R.S. (1991 Supp.”

Show all 47 citing cases →

— Colo. Rev. Stat. § 1-40-102(10) — 7 cases

Howes v. Hayes, 962 P.2d 927 (Colo. 1998).

In Re the Title, Ballot Title, Submission Clause, & Summary by the Title Bd. Pertaining to a Proposed Initiative on \Obscenity\"", 877 P.2d 848 (Colo. 1994).

Matter of Proposed Initiative 1996-17, 920 P.2d 798 (Colo. 1996).

In re the Title, Ballot Title & Submission Clause, 872 P.2d 689 (Colo. 1994). ““[T]he title board shall consider the public confusion that might be caused by misleading titles and shall, whenever practicable, avoid titles for which the general understanding of the effect of a ‘yes’ or ‘no’ vote will be unclear.”

In re the Title, Ballot Title & Submission Clause, & Summary Pertaining to the Proposed Initiative on Sch. Pilot Prog., 874 P.2d 1066 (Colo. 1994).

— Colo. Rev. Stat. § 1-40-102(2) — 5 cases

Bickel v. City of Boulder, 885 P.2d 215 (Colo. 1994). “’ ” § 1-40-102(2) & -102(8) & -102(10) (emphasis added).”

In re the Proposed Initiated Constitutional Amendment Concerning Unsafe Workplace Env't, 830 P.2d 1031 (Colo. 1992).

Matter of Proposed I. Const. Amendment, 830 P.2d 1031 (Colo. 1992).

In Re Prop. Init.\ Fair Fishing\"", 877 P.2d 1355 (Colo. 1994).

— Colo. Rev. Stat. § 1-40-102(3) — 22 cases

In Re Proposed Initiative Concerning Drinking Age in Colorado, 691 P.2d 1127 (Colo. 1984). “This is an original proceeding under section 1-40-102(3), 1B C.R.S. (1980), in which we must review the titles and submission clause approved by the Initiative Title Setting Review Board (Board) for a proposed initiated law concerning the dispensing and possession of fermented…”

In Re: Second Initiated Constitutional Amendment Respecting Rights of the Pub. to Uninterrupted Serv. by Pub. Employees of 1980, 613 P.2d 867 (Colo. 1980). “This is an original proceeding pursuant to section 1-40-102(3), C.R.S. 1973 (1979 Supp.”

In re the Title, Ballot Title & Submission Clause, & Summary Pertaining to the Workers Comp Initiative Adopted on January 6, 1993, 850 P.2d 144 (Colo. 1993). “In this original proceeding brought pursuant to section 1-40-102(3), IB C.R.S. (1992 Supp.”

In Re Interrogatories Propounded by the Senate Concerning House Bill 1078, 536 P.2d 308 (Colo. 1975). “Section 1-40-102(3), C.R.S. 1973. 2 Interrogatory No.”

— Colo. Rev. Stat. § 1-40-102(3)(a) — 8 cases

In re the Title, Ballot Title & Submission Clause Approved September 4, 1991, 826 P.2d 1241 (Colo. 1992). “In this statutory proceeding filed pursuant to section 1-40-102(3)(a), 1B C.R.S. (1991 Supp.”

In re the Title, Ballot Title & Submission Clause, & Summary Adopted February 19, 1992, 830 P.2d 984 (Colo. 1992).

In re the Title, Ballot Title & Submission Clause, & Summary Pertaining to the Campaign & Political Fin. Initiative Adopted on February 12, 1992, 830 P.2d 954 (Colo. 1992).

In re the Title, Ballot Title & Submission Clause, & Summary Approved February 12, 1992, 830 P.2d 963 (Colo. 1992).

In re the Proposed Initiated Constitutional Amendment Concerning Ltd. Gaming in the Town of Burlington, 830 P.2d 1023 (Colo. 1992).

— Colo. Rev. Stat. § 1-40-102(4) — 3 cases

Bickel v. City of Boulder, 885 P.2d 215 (Colo. 1994). “’ ” § 1-40-102(2) & -102(8) & -102(10) (emphasis added).”

Zaner v. City of Brighton, 917 P.2d 280 (Colo. 1996).

Matter of Proposed Initiated Const. Amend., 877 P.2d 329 (Colo. 1994).

— Colo. Rev. Stat. § 1-40-102(8) — 1 case

In re the Title, Ballot Title, Submission Clause, & Summary, Adopted April 4th, 1990, Pertaining to the Proposed Initiative on Surface Mining, 797 P.2d 1275 (Colo. 1990). “In this original proceeding under section 1-40-102(3), IB C.R.S. (1989 Supp.”

— Colo. Rev. Stat. § 1-40-102(9) — 1 case

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