Justia Colorado Supreme Court Opinion Summaries

The Supreme Court reviewed actions of the Title Board in setting titles and ballot title and submission clauses for initiatives 2013-2014 90 and 93. Proponents complained that the titles did not contain one subject or fairly reflect the purpose of the proposed initiatives. The Court found no reversible error and affirmed the Title Board. View "In re Title, Ballot Title and Submission Clause for 2013-2014 #90 and #93" on Justia Law

The Supreme Court reviewed actions of the Title Board in setting titles and ballot title and submission clauses for initiatives 2013-2014 85, 86 and 87. Proponents complained that the titles did not contain one subject or fairly reflect the purpose of the proposed initiatives. The Court found no reversible error and affirmed the Title Board. View "In re Title, Ballot Title and Submission Clause for 2013-2014 #85, #86, and #87" on Justia Law

After the Title Board set titles and submission clauses for Proposed Initiative 2013-2014 #103, petitioners moved for a rehearing, claiming the initiative contained more than one subject and was impermissibly vague. One of the initiative's representatives was unable to attend the rehearing. The Secretary of State's office suggested that a designated representative withdraw and a substitute alternate attend the hearing. The Title Board allowed the substitution and proceeded to deny the petitioner's motion. On appeal, petitioners argued that the proposed initiative still contained too many subjects and was impermissibly vague. Furthermore, the argued the Title Board did not have authority to allow the substitute representative. The Supreme Court agreed that the Title Board's approval of the substitute was improper. Therefore, the Court reversed the Title Board's action and remanded the case back to the Board without decision on claims that the initiative addressed more than one subject or was vague. View "In re Proposed Initiative 2013-2014 #103" on Justia Law

Proponents Mike Spaulding and Natalie Menten proposed Initiative 76 which sought to repeal and replace the existing manner of triggering and conducting a recall election under article XXI of the Colorado Constitution, and to institute a new constitutional right to recall state and local non-elected officers. The Title Board set a title and submission clause for the initiative. Registered elector Philip Hayes objected to the Board's action. The Board modified the title and submission clause in response to Hayes' objections, but otherwise denied his motion for rehearing. The proponents contended that the initiative, title and submission clause addressed a single subject and were in compliance with state law. The Supreme Court disagreed, and concluded the Title Board acted unconstitutionally in setting a title for the initiative. The Board's action was reversed and the matter remanded for further proceedings. View "In re Title, Ballot Title, and Submission Clause for 2013-2014 #76" on Justia Law

Proponents Peter Coulter and Lisa Brumfiel proposed Initiative 129 to amend article X, section 20 of the Colorado Constitution, known as the Taxpayer's Bill of Rights (TABOR). The Initiative sought to amend TABOR to define the term "fee" and differentiate it from a tax. Petitioner Anthony sought to challenge the initiative, arguing it contained multiple subjects. Alternatively, he argued the initiative's title was misleading. The Supreme Court concluded the initiative contained a single subject, and that the title clearly expressed a single subject. Therefore the Court affirmed the action of the Title Board. View "In re Title, Ballot Title, and Submission Clause for 2013-2014 #129" on Justia Law

At issue in this case was Election Rule 10.7.5, promulgated as a temporary or emergency rule on the evening of the November 5, 2013 election. Plaintiffs were registered electors of the Adams 12 Five Star School District who sued seeking judicial review of the Secretary of State's authority to promulgate the rule, and for an order to direct the Clerk and Recorder of Adams County to finish counting votes and to certify the vote tally for all candidates in the school district director election. The district court ruled that the Secretary acted in excess of his authority in promulgating the emergency rule, and ordered all defendants to complete and certify the vote count for all candidates in the Adams 12 director district 4 election. The Secretary petitioned the Supreme Court for review of whether the district court erred in holding "Rule 10.7.5 [was] contrary to and in conflict with existing election statutes." Upon review, the Supreme Court concluded that Rule 10.7.5 indeed "contravene[d] the election code by permitting a designated election official to usurp the courts' express authority to resolve . . . issues." Accordingly, the Court affirmed the district court only in holding that Rule 10.7.5 conflicted with existing election rules. View "Hanlen v. Gessler" on Justia Law

Following an election recount in the Town of Center, Maurice Jones and Citizen Center filed suit seeking to set aside the results of the recount. Jones argued that voters' right to ballot secrecy had been violated. The district court set aside the results and ordered a new recall election. The three officials who had been elected in the recall petitioned the Supreme Court for review of the district court's decision. After careful consideration, the Supreme Court held that the district court erred as a matter of law in setting aside the recall results and ordering a new election. As such, the Court reversed the district court and enter judgment in favor of the newly elected officials. View "In re Jones v. Samora" on Justia Law

This case centered on the contested March 19, 2013 election in Center, Colorado. The district court set aside the results of the recall, ordered a new recall election, and allowed the recalled officials to continue until the new election was conducted. The recalled officials challenged the district court's decision, arguing that court erred in setting aside the recall and ordering a new election, and erred in determining that there were flaws in how the votes were counted. Upon review, the Supreme Court concluded the district court erred as a matter of law in setting aside the recall and ordering a new recall election. Accordingly, the Court returned the case back to the district court with directions that judgment be entered that the replacement officials were duly elected. View "In re Jones v. Samora" on Justia Law

In June 2013, in Pueblo and El Paso County citizens certified petitions to recall State Senator Angela Giron and State Senator John Morse. A month later, the Governor set a September 10 recall election for both Senate seats. This recall election was the first in Colorado's history for members of the General Assembly. The Governor then submitted an Interrogatory to the Supreme Court pursuant to Article VI, section 3,of the Colorado Constitution to ask whether the prior participation requirement in Article XXI, section 3, of the Colorado Constitution conflicted with the First and Fourteenth Amendments to the United States Constitution. The Colorado Court issued an Order holding that the prior participation requirement in Article XXI, section 3, conflicted with the First and Fourteenth Amendments to the United States Constitution. View "In re Interrogatory Propounded by Governor Hickenlooper" on Justia Law

In 2007, Petitioners Curtis Vagneur and Jeffrey Evans submitted two initiative petitions to the Aspen City Clerk regarding the highway entrance to Aspen. Respondents Les Holst, Clifford Weiss, and Terry Paulson filed objections to the petitions. Following a hearing, an administrative hearing officer determined that the proposed initiatives sought to ask electors of Aspen to vote on a change on use of open space to authorize a different entrance to Aspen, to mandate design specifics for that roadway, and to mandate the amendment or rescinding of existing documents previously authorized by the City Council that conflicted with conditions of the proposed roadway. The hearing officer concluded that the initiatives were "improper subjects of the initiative process." The issue before the Supreme Court was whether the initiatives were administrative in nature, and therefore outside the initiative process. The Court concluded that the proposed initiatives were indeed administrative in nature and were therefore not a proper exercise of the people's initiative power. The Court affirmed the hearing officer and the court of appeals. View "Vagneur v. City of Aspen" on Justia Law