TrustVoting Atlas

The general assembly hereby finds, determines, and
declares that section 20 of article X of the state constitution requires that a ballot issue election
be held on the first Tuesday in November of odd-numbered years; that the provisions of section
20 (2) and 20 (3) of said article X are unclear as to what issues can be submitted to a vote in the
odd-year election; that section 20 of article X did not amend preexisting provisions of the state
constitution on the initiative, the referendum, and the submission of constitutional amendments
by the general assembly, and repeal or amendment of such provisions by implication is not
presumed; that this legislation implements section 20 of article X of the state constitution, which
article is entitled "Revenue" and concerns exclusively government revenue raising and
appropriations; that section 20 of article X requires public votes on additional government taxes,
spending, or debt; that the language of section 20 of article X evinces the public's desire to have
more opportunity to vote on government tax, spending, and debt proposals; that a construction of
section 20 of article X that limits local government electors' opportunities to vote on tax,
spending, debt, or other proposals would be inconsistent with the ballot title of and the voters'
intention in adopting said amendment; that state and local election officials need guidance as to
how to administer the November 1993 election; and that, in view of the issues set out in this
section, the general assembly should exercise its legislative power to resolve the ambiguities in
section 20 of article X in a manner consistent with its terms.
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1-41-102. State ballot issue elections in odd-numbered years. (1) At the statewide
election to be held on the first Tuesday of November in 1993, and in each odd-numbered year
thereafter, the following issues shall appear on the ballot if they concern state matters arising
under section 20 of article X of the state constitution and if they are submitted in accordance
with applicable law:
(a) Amendments to the state constitution submitted by the general assembly in
accordance with article XIX of the state constitution;
(b) State legislation and amendments to the state constitution initiated in accordance
with section 1 of article V of the state constitution and article 40 of this title;
(c) Measures referred to the people by the general assembly in accordance with section 1
of article V of the state constitution;
(d) Measures referred to the people pursuant to petitions filed against an act or item,
section, or part of an act of the general assembly in accordance with section 1 of article V of the
state constitution;
(e) Questions which are referred to the people by the general assembly in accordance
with the law prescribing procedures therefor;
(f) Questions which are initiated by the people in accordance with the law prescribing
procedures therefor.
(2) If no questions concerning state matters arising under section 20 of article X of the
state constitution are referred or initiated as provided in subsection (1) of this section, no
statewide election shall be held on the first Tuesday of November in 1993, or on the first
Tuesday in November of any subsequent odd-numbered year.
(3) As used in this section, a "question" means a proposition which is in the form of a
question meeting the requirements of section 20 (3)(c) of article X of the state constitution and
which is submitted in accordance with the law prescribing procedures therefor without reference
to specific state legislation or a specific amendment to the state constitution.
(4) As used in this section, "state matters arising under section 20 of article X of the state
constitution" includes:
(a) Approval of a new tax, tax rate increase, valuation for assessment ratio increase for a
property class, or extension of an expiring tax, or a tax policy change directly causing a net tax
revenue gain pursuant to section 20 (4)(a) of article X of the state constitution;
(b) Approval of the creation of any multiple-fiscal year direct or indirect state debt or
other financial obligation without adequate present cash reserves pledged irrevocably and held
for payments in all future fiscal years pursuant to section 20 (4)(b) of article X of the state
constitution;
(c) Approval of emergency taxes pursuant to section 20 (6) of article X of the state
constitution;
(d) Approval of revenue changes pursuant to section 20 (7) of article X of the state
constitution;
(e) Approval of a delay in voting on ballot issues pursuant to section 20 (3)(a) of article
X of the state constitution;
(f) Approval of the weakening of a state limit on revenue, spending, and debt pursuant to
section 20 (1) of article X of the state constitution; and
Colorado Revised Statutes 2024
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(g) Approval for the state to retain and spend state revenues that otherwise would be
refunded for exceeding an estimate included in the ballot information booklet in accordance with
section 20 (3)(c) of article X of the state constitution.