Gavin Howe
Ballot initiatives in Colorado can be proposed by citizens as state statutes or constitutional amendments. The process is governed by the Colorado Constitution and state law. It involves multiple steps, including drafting the proposal, submitting it for review, collecting signatures, and getting it on the ballot. The Colorado Supreme Court interprets the constitution and state law and decides on any appeals related to the initiative process.
What You'll Learn
Colorado's single-subject rule for ballot initiatives
The single-subject rule is a state law that requires ballot initiatives to address a single subject, topic, or issue. There are 16 states that have a single-subject rule, and 10 states that allow for citizen-initiated measures but do not have a single-subject rule.
The process for placing a statewide initiative on the ballot in Colorado is governed by the Colorado Constitution (Article V, Section 1) and state law (Articles 40 and 41 of Title 1, C.R.S.). The Secretary of State and the Legislative Council have adopted rules to implement certain provisions of the constitution and state law.
The ballot information booklet, or Blue Book, is distributed a month prior to the election and provides voters with the text, title, and a fair and impartial analysis of each initiated or referred constitutional amendment, law, or question on the ballot.
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Ballot title and submission clause
The ballot title and submission clause are set by a "Title Board," which includes the Secretary of State, the Attorney General, and the director of the Office of Legislative Legal Services or their designees. The Title Board meets on the first and third Wednesdays of each month. These meetings are open to the public and require a majority vote for any action.
Ballot titles must be unambiguous and in the form of a question that can be answered with a simple "yes" or "no." The title should be written in plain language that is easy for the average reader to understand. It must also be brief and cannot address more than one subject.
If a proposal contains more than one subject, the Title Board will decline to set a title, and proponents may need to change the proposal and resubmit it. If the proposal is resubmitted, another review and comment meeting may be required if the changes are substantial.
If the Title Board's decision is deemed unfair or not reflective of the proposal's meaning, a rehearing can be requested within seven days of the decision. If the outcome of the rehearing is still unsatisfactory, an appeal can be filed with the Colorado Supreme Court.
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Signature requirements
The signature requirements for ballot initiatives in Colorado are as follows:
Firstly, the number of signatures required for a successful petition is at least 5% of the total number of votes cast for the office of Colorado Secretary of State in the preceding general election. The Secretary of State is elected every four years, with the most recent election taking place in 2022. This 5% signature threshold applies equally to constitutional amendments, statutes, and referendums. For the 2025 and 2026 elections, the number of valid signatures required is 124,238.
Secondly, there is a distribution requirement for initiated constitutional amendments, which was imposed by Amendment 71 in 2016. This requires signatures from at least 2% of the total registered electors in each of Colorado's 35 state senate districts. This distribution requirement is based on senate district boundaries and the number of registered voters at the time the initiative petition is approved for circulation. There is no distribution requirement for initiated state statutes in Colorado.
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Ballot placement
The process of placing a statewide initiative on the ballot in Colorado is governed by the Colorado Constitution (Article V, Section 1) and state law (Articles 40 and 41 of Title 1, C.R.S.). The Secretary of State and the Legislative Council have adopted rules to implement certain provisions of the constitution and state law.
Submission of Proposal for Review and Comment
Any person who intends to collect signatures to place a constitutional amendment or law on a statewide election ballot must submit the typewritten text of the proposed measure to the Legislative Council Staff to schedule a review and comment meeting. The proposal should be written as it would appear in state law, in plain, non-technical language, using words with common and everyday meanings that are understandable to the average reader.
Proposals can be submitted by email, in person, or by mail. A proposal must be accompanied by the names and addresses of two people who will represent the proponents in all matters relating to the proposal. Telephone numbers and email addresses are also required, and staff will generally communicate by email.
The Legislative Council Staff gives the proposal a number and schedules a public meeting, which will take place exactly two weeks from the date the measure is filed. The staff also provides public notice of the date, time, and place for the meeting and the language of the proposal. A proponent can withdraw a proposal at any time.
Review and Comment Meeting
The purpose of a review and comment meeting is twofold: to review the wording of an initiative with the proponents so that the initiative accomplishes the proponents' intent, and to give the public notice that a proposal on a given topic is under consideration.
The Office of Legislative Legal Services and Legislative Council Staff jointly prepare written comments on each proposal. These comments are provided to the proponents 48 hours before the meeting and are reviewed verbally during the meeting. Both designated representatives are required to attend any review and comment meeting. The meeting is open to the public and recorded for the public record, but there is no public comment or testimony at the meeting. The proponents can revise their proposal to incorporate some or all of the legislative staff comments, but they are not required to do so. If proponents withdraw a measure prior to the meeting, the comments prepared by legislative staff are not released to anyone other than the proponents.
If the designated representatives fail to attend a review and comment meeting, the petition is considered withdrawn by the proponents. If one of the designated representatives fails to attend, the proposal can be automatically resubmitted for review and comment, unless the attending designated representative objects to the automatic resubmission. A review and comment meeting on a resubmitted proposal in this circumstance is scheduled with the designated representatives and the staff of the Legislative Council and the Office of Legislative Legal Services on a date no later than five business days after the resubmission.
Submission of Revised Proposals
Some proponents revise their proposals after the review and comment meeting. A revised proposal must be submitted to legislative staff for review if the revisions are substantial and if they are not in direct response to a comment from legislative staff. Again, a public meeting is scheduled for two weeks following receipt of the proposal. The procedures followed are identical to those set forth in the first two steps, except that if legislative staff has no additional comments on the revised proposal, the proponents are so notified and the review and comment meeting is canceled. This notification occurs within 72 hours of the proposal's submission.
Filing with Secretary of State
Following the review and comment process, proponents may submit their proposal to the Secretary of State to begin the process of setting a title. Proponents must submit the following items to the Secretary of State: (a) the original proposal; (b) the proposal as revised with any revisions highlighted or otherwise indicated, if applicable; and (c) the final language of the proposal. The proposal is filed with the Colorado Department of State-Elections Division.
It is strongly encouraged to submit filings electronically rather than by physical copy.
Ballot Title & Title Board Hearing
After a measure has been filed with the Secretary of State, the Initiative Title Setting Review Board (Title Board) will hold a public hearing. The Title Board is comprised of designees from Legislative Legal Services, the Attorney General's Office, and the Secretary of State's Office.
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Ballot approval and enactment
Submission of Proposal for Review and Comment
Any person intending to collect signatures to place a constitutional amendment or law on a statewide ballot must submit the proposal for review and comment. The proposal should be written in plain, non-technical language that is easy for the average reader to understand. Along with the proposal, the names and addresses of two people representing the proponents in matters relating to the proposal must be submitted.
Review and Comment Meeting
The purpose of this meeting is to review the proposal's wording with the proponents to ensure it accomplishes their intent and to give public notice that a proposal on a given topic is under consideration. Written comments are provided to the proponents before the meeting, and any revisions to the proposal can be made after the meeting.
Submission of Revised Proposals
If substantial revisions are made to the proposal after the review and comment meeting, a new public meeting is scheduled, and the process is repeated.
Filing with the Secretary of State
After the review and comment process, proponents may submit their proposal to the Secretary of State to begin the process of setting a title. The original proposal, the proposal with revisions highlighted, and the final proposal with the final language must be submitted.
Ballot Title and Title Board Hearing
After filing with the Secretary of State, the Initiative Title Setting Review Board (Title Board) holds a public hearing. The Title Board consists of designees from Legislative Legal Services, the Attorney General's Office, and the Secretary of State's Office. The Title Board is responsible for setting a ballot title that is fair and not misleading.
Opportunity to Amend Proposal
Proponents may amend the proposal before submission to the Secretary of State based on the comments and questions raised during the review and comment meeting and Title Board hearing.
Ballot Information Booklet
The Legislative Council Staff prepares a ballot information booklet, or Blue Book, which is distributed a month before the election. The booklet provides voters with the text, title, and a fair and impartial analysis of each initiated or referred constitutional amendment, law, or question on the ballot.
Once all the previous steps are completed, the proposal is placed on the ballot for a vote by the public. If approved by the voters, the proposal becomes law.
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Frequently asked questions
Any person who intends to collect signatures to place a constitutional amendment or law on a statewide election ballot must submit the typewritten text of the proposed measure to the Legislative Council Staff to schedule a review and comment meeting.
In Colorado, each proposed measure must address only one subject. Unlike other states, Colorado's single-subject rule is closely tied to a measure's ballot title. If an approved measure encompasses some subject not clearly expressed in its title, only the unexpressed portion of the law is void. If a measure is too broad to be assigned a title that addresses only one subject, the measure cannot be placed on the ballot.
The Title Board is comprised of designees from Legislative Legal Services, the Attorney General's Office, and the Secretary of State's Office. After a measure has been filed with the Secretary of State, the Title Board will hold a public hearing.
