ACRI Ballot Initiative (Colorado): Colorado’s Initiative Title Board Sets Ballot Language

[Note: This post updates the information in my previous post on this issue.]

Colorado’s Initiative Title Setting Review Board (Title Board) published the title and ballot language for the American Civil Rights Institute’s (ACRI) initiative (Step 5 — Title Setting).

ACRI’s initiative amends the Colorado constitution. The text of the ACRI’s proposed ballot initiative is here.

The meeting described in the Rocky Mountain News article occurred when certain Colorado registered electors appealed the decision of the Colorado Title Board (Step 7 — Rehearings of Title Board Decisions). The Colorado Title Board denied the motion for rehearing.

What the registered electors were attempting to do in their motion for rehearing was to argue against the specific policy positions in the language of the initiative. I greatly appreciate their effort.

But as I explained here, there is potential injustice where a registered elector cannot argue against the policy positions involved in the language of the proposed initiative. The registered elector can only object to a ballot title and submission clause that is unfair or to a ballot title and submission clause that does not fairly express the meaning of a proposed initiative (Step 7).

The next stage is step 8, appeal to the Colorado Supreme Court. The appeals process to the Colorado Supreme Court has a narrow focus. The Colorado Supreme Court “can either affirm the action of the Title Board or reverse it, in which case the [Colorado Supreme] Court must remand the case to the Title Board with instructions, pointing out where the Title Board is in error.”

Should an appeal to the Supreme Court fail or not occur, the next stage would be step 9, where the proponents of the proposed ballot initiative would have to collect 76, 047 signatures of Colorado’s registered electors.

Barring an anomaly, I expect the signature collection campaign to start relatively shortly.