This bill strengthens disclosure, transparency, and fiscal reporting requirements for proposed ballot initiatives and referenda—especially those that involve tax increases or decreases—and makes procedural updates to the title-setting and signature-gathering process.
SECTION 1 – Submission of Multiple Initiative Drafts:
If proponents submit five or more drafts on the same subject in the same initiative cycle (with the same designated representative), they must include a comparison chart showing the differences among the drafts.
Defines "initiative cycle" as the period from 12 days before the first Wednesday in December following a general election to the third Wednesday in April of the election year.
A preliminary estimate of changes in state/local revenues or expenditures.
For tax increase measures, an estimate of the maximum dollar impact on government revenue and spending in the first and final (if phased in) fiscal year.
SECTION 3 – Title Board Rules and Timing (C.R.S. 1-40-106):
Clarifies procedures for submission and timing of title board meetings.
Ballot titles must:
Indicate whether the measure modifies, extends, repeals, or creates law.
For tax increases, reflect the fiscal estimates calculated per Section 1-40-105.5.
Distinguish between statutory changes and constitutional amendments.
Establishes deadlines and clarifies procedures for filing and hearing motions for rehearing.
Requires the title board to hear rehearings timely, including for measures finalized at the April deadline.
SECTION 5 – Signature Threshold Tracking and Disclosure (C.R.S. 1-40-111):
Proponents must notify the Secretary of State when they reach 25%, 50%, and 75% of required signatures.
Must also report if they stop circulating a petition.
The Secretary of State will post and update this info on its website.
Noncompliance may result in a fine.
SECTION 6 – Ballot Information Booklet Changes (C.R.S. 1-40-124.5):
Fiscal impact statements must:
Include a tax impact table by income category for income/sales tax changes.
For tax decreases: identify the top 3 areas of program spending affected.
For tax increases: estimate the maximum dollar change in government revenue and spending for the first full fiscal year, and the level of spending without the increase.
Any legislative measure proposing a tax increase must include:
A maximum dollar estimate for the revenue change in the first and final (if phased in) full fiscal year.
That estimate must also be included in the ballot question presented to voters.
SECTION 8 – Applicability:
Sections 1, 2, 3, 4, and 6 apply to initiative drafts submitted after the effective date.
Section 5 applies to petitions circulated after the effective date.
Section 7 applies to legislative measures on the ballot after the effective date.
SECTION 9 – Safety Clause:
Declares this bill necessary for the immediate preservation of public peace, health, or safety.
OVERALL IMPACT:
Increases transparency in ballot initiatives, especially those affecting taxes.
Adds public accountability to the initiative process.
Provides clearer fiscal information to voters through ballot titles and the Blue Book.
Enhances process integrity through stricter tracking and rehearing protocols.
Summary
Under current law, proponents seeking to place an initiated
measure on the ballot are required to submit certain documents with the secretary of state in order for the title board to consider the measure at a title setting hearing. Section 1 of the bill requires that when proponents submit 5 or more drafts within the same initiative cycle, with at least one of the same designated representatives of proponents, and on the same subject matter, the proponents also submit a chart describing or otherwise visually demonstrating the differences between the drafts. Section 2 requires the director of research of the legislative
council of the general assembly (director), when preparing an estimate of an initiated proposed tax increase's fiscal impact if enacted, to include an estimate of the maximum dollar amount of the change in state and local government revenue and fiscal year spending, as defined in the state constitution, for the first and, if phased in, final full fiscal year of the proposed tax increase. Section 3 requires that the title board, when setting a title for a
ballot measure:
Indicate in the title whether the proposed law modifies, extends, or repeals existing law or creates new law; and
For measures that propose a tax increase, use the estimate of the maximum dollar amount of the change in state and local government revenue and fiscal year spending for the first or, if phased in, final full fiscal year of the proposed tax increase. Section 3 also requires the title board to hold its last meeting no
later than the first Wednesday in April rather than the third Wednesday in April, thereby requiring proponents of an initiative to submit drafts to the title board 2 weeks earlier than is required under current law. In connection with the changes to when the title board holds its last meeting, section 4 requires the title board to hear motions for rehearing on measures considered at its last meeting that will be voted on that year at a meeting held on the third Wednesday in April, rather than within 48 hours after the last title board meeting. Additionally, section 4 requires motions for rehearing to be filed with the title board by 5 p.m. on the seventh day following the title board's decision that is the subject of the motion. Section 5 requires that, with regard to the petition circulation
process for statewide ballot measures, a designated representative for the proponents notify the secretary of state when an initiative or referendum petition that is being circulated has received 25%, 50%, and 75% of the required number of signatures and when any petition is no longer being actively circulated. Section 5 allows the secretary of state to impose a fine on any designated representative who does not comply with these reporting requirements; except that the fine cannot exceed $1,500. Section 5 also requires the secretary of state to post on the secretary of state's website a list of any initiative or referendum petitions that have received 25%, 50%, and 75% of the required number of signatures for the petition and a list of any petitions that are no longer being actively circulated. Section 6 requires the director to prepare for the ballot information
booklet for a proposed tax increase estimates of both the maximum dollar amount of the change in state and local government revenue and fiscal year spending, as defined in the state constitution, for the first full fiscal year of the proposed tax increase and state and local government fiscal year spending, as defined in the state constitution, without the proposed tax increase. Section 7 requires the fiscal note for any legislative measure that
includes a proposed tax increase to include the maximum dollar amount of the change in state and local government revenue for the first and, if phased in, final full fiscal year of the proposed tax increase and also requires relevant ballot questions for any legislative measure that includes a proposed tax increase to include the estimate of the maximum dollar amount of the change in state and local government revenue for the first or, if phased in, final full fiscal year of the proposed tax increase.