(1) The requirements of this section shall apply to any ballot issue involving a local government matter arising under section 20 of article X of the state constitution, as defined in section 1-41-103 (4), for which notice is required to be mailed pursuant to section 20 (3)(b) of article X of the state constitution. A mailing is not required for a ballot issue that does not involve a local government matter arising under section 20 of article X of the state constitution, as defined in section 1-41-103 (4).
(2) Thirty days before a ballot issue election, political subdivisions shall mail at the least cost and as a package where districts with ballot issues overlap, a titled notice or set of notices addressed to all registered voters at each address of one or more active registered electors. Except for voter-approved additions, notices shall include only:
(a) The election date, hours, ballot title, text, and local election office address and telephone number;
(b) For proposed district tax or bonded debt increases, the estimated or actual total of district fiscal year spending for the current year and each of the past four years, and the overall percentage and dollar change;
(c) For the first full fiscal year of each proposed political subdivision tax increase, district estimates of the maximum dollar amount of each increase and of district fiscal year spending without the increase;
(d) For proposed district bonded debt, its principal amount and maximum annual and total district repayment cost, and the principal balance of total current district bonded debt and its maximum annual and remaining local district repayment cost;
(e) Two summaries, up to five hundred words each, one for and one against the proposal, of written comments filed with the election officer by thirty days before the election. No summary shall mention names of persons or private groups, nor any endorsements of or resolutions against the proposal. Petition representatives following these rules shall write this summary for their petition. The election officer shall maintain and accurately summarize all other relevant written comments.
(3) The provisions of this section shall not apply to a ballot issue that is subject to the provisions of section 1-40-124.5.
Source: L. 93: Entire article amended with relocations, p. 692, � 1, effective May 4; (1) amended, p. 1437, � 128, effective July 1. L. 2000: (1) and IP(2) amended and (3) added, p. 299, � 5, effective August 2.
1-40-126. Explanation of effect of yes/for or no/against vote included in notices provided by mailing or publication. In any notice to electors provided by the director of research of the legislative council, whether by mailing pursuant to section 1-40-124.5 or publication pursuant to section 1-40-124, there shall be included the following explanation preceding any information about individual ballot issues: A 'yes/for' vote on any ballot issue is a vote in favor of changing current law or existing circumstances, and a 'no/against' vote on any ballot issue is a vote against changing current law or existing circumstances.
Source: L. 93: Entire article amended with relocations, p. 692, � 1, effective May 4. L. 2000: Entire section amended, p. 299, � 6, effective August 2. L. 2012: Entire section amended, (HB 12-1089), ch. 70, p. 243, � 4, effective January 1, 2013.
Editor's note: This section is similar to former � 1-40-114 (3), which was added by House Bill 93-1155. (See L. 93, p. 266.)
Cross references: For the legislative declaration in the 2012 act amending this section, see section 1 of chapter 70, Session Laws of Colorado 2012.
1-40-126.5. Explanation of ballot titles and actual text of measures in notices provided by mailing or publication. (1) In any notice to electors provided by the director of research of the legislative council, whether in the ballot information booklet prepared pursuant to section 1-40-124.5 or by publication pursuant to section 1-40-124, there shall be included the following explanation preceding the title of each measure:
(a) For referred measures: The ballot title below is a summary drafted by the professional legal staff for the general assembly for ballot purposes only. The ballot title will not appear in the (Colorado constitution/Colorado Revised Statutes). The text of the measure that will appear in the (Colorado constitution/Colorado Revised Statutes) below was referred to the voters because it passed by a (two-thirds majority/majority) vote of the state senate and the state house of representatives.
(b) For initiated measures: The ballot title below is a summary drafted by the professional staff of the offices of the secretary of state, the attorney general, and the legal staff for the general assembly for ballot purposes only. The ballot title will not appear in the (Colorado constitution/Colorado Revised Statutes). The text of the measure that will appear in the (Colorado constitution/Colorado Revised Statutes) below was drafted by the proponents of the initiative. The initiated measure is included on the ballot as a proposed change to current law because the proponents gathered the required amount of petition signatures.
Source: L. 2011: Entire section added, (HB 11-1035), ch. 25, p. 63, � 1, effective March 17.