(1) No petition for any ballot issue is of any effect unless filed with the secretary of state within six months from the date that the titles and submission clause have been fixed and determined pursuant to the provisions of sections 1-40- 106 and 1-40-107 and unless filed with the secretary of state no later than three months before the election at which it is to be voted upon. A petition for a ballot issue for the election to be held in November of odd-numbered years must be filed with the secretary of state no later than three months before such odd-year election. All filings under this section must be made by the close of business on the day of filing.
(2) (Deleted by amendment, L. 95, p. 433, § 6, effective May 8, 1995.)
Source: L. 93: Entire article amended with relocations, p. 682, § 1, effective May 4; (1) amended, p. 1437, § 127, effective July 1. L. 95: Entire section amended, p. 433, § 6, effective May 8. L. 2000: (1) amended, p. 1622, § 6, effective August 2. L. 2009: (1) amended, (HB 09- 1326), ch. 258, p. 1171, § 6, effective May 15. L. 2021: (1) amended, (SB 21-250), ch. 282, p. 1668, § 70, effective June 21.
Editor's note: This section is similar to former § 1-40-104 as it existed prior to 1993, and the former § 1-40-108 was relocated to § 1-40-115.
Cross references: For computation of time under the "Uniform Election Code of 1992", articles 1 to 13 of this title, see § 1-1-106; for computation of time under the statutes generally, see § 2-4-108.
Notes of Decisions
Cited in
9
cases, 1988–2008 · leading case:
Byrne v. Title Bd., 907 P.2d 570 (Colo. 1995).
Byrne v. Title Bd., 907 P.2d 570 (Colo. 1995).
· cites it 38× “§ 1-40-108, 1B C.R.S. (1995 Supp.). The Title Board meets to set the title and summary and to act on matters that may appear on an election ballot as specified in section 1-40-106(1), 1B C.”
Armstrong v. Davidson, 10 P.3d 1278 (Colo. 2000).
· cites it 4× “Specifically, section 1-40-107(5) provides that: In the event of a petition for rehearing, the period for filing a petition in accordance with section 1-40-108 shall not begin until a final decision concerning the motion is rendered by the title board or the Colorado supreme…”
Am. Constitutional Law Found., Inc. v. Meyer, 870 F. Supp. 995 (D. Colo. 1994).
· cites it 4× “C.R.S. § 1-40-108(1) (Supp.1994). This process can be delayed by a motion for rehearing before the title board filed by any registered elector and the dispute can be taken to the Colorado Supreme Court.”
Matter of Proposed Constitutional Amend., 757 P.2d 132 (Colo. 1988).
“§ 1-40-108(1), 1B C.R.S. (1980). The title, full text of the proposed law or amendment, and the ballot title together are published twice in every legal newspaper in Colorado before the election.”
Blake v. King, 184 P.3d 52 (Colo. 2008).
· cites it 3× “Petitioner timely filed a Motion for Rehearing pursuant to section 1-40-108(1), C.R.S. (2007), on February 27, 2008.”
— Colo. Rev. Stat. § 1-40-108(1) — 6 cases
Byrne v. Title Bd., 907 P.2d 570 (Colo. 1995).
“§ 1-40-108, 1B C.R.S. (1995 Supp.). The Title Board meets to set the title and summary and to act on matters that may appear on an election ballot as specified in section 1-40-106(1), 1B C.”
Am. Constitutional Law Found., Inc. v. Meyer, 870 F. Supp. 995 (D. Colo. 1994).
“C.R.S. § 1-40-108(1) (Supp.1994). This process can be delayed by a motion for rehearing before the title board filed by any registered elector and the dispute can be taken to the Colorado Supreme Court.”
Matter of Proposed Constitutional Amend., 757 P.2d 132 (Colo. 1988).
“§ 1-40-108(1), 1B C.R.S. (1980). The title, full text of the proposed law or amendment, and the ballot title together are published twice in every legal newspaper in Colorado before the election.”
— Colo. Rev. Stat. § 1-40-108(2) — 1 case
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