TITLE SETTING AND PETITION PROCEDURES

Colorado Springs City Code ch. 5, art. 1, pt. 4

in effect

Colorado Springs City Code § 5.1.401 DEFINITIONS

5.1.401: DEFINITIONS: BALLOT TITLE: Language printed on the ballot, after certification of petition sufficiency, and submitted to the electors by City Council. The ballot title shall be comprised of the submission clause that accurately and fairly expresses the true intent and meaning of the proposed text of the initiative. DRAFT: The typewritten proposed text of the initiative which, if passed by the registered electors of the City, becomes the actual language of the initiative, together with recommended placement of the measure in the City Charter or City Code, if applicable. INITIATIVE: Proceedings commenced by a Petition Committee to propose legislative Charter amendments, legislative ordinances, referendum or recall by petition to secure its submission to the registered electors of the City or to the legislative body for approval. PETITION COMMITTEE: A group consisting of three (3) electors of the City of Colorado Springs who have submitted an affidavit for the purpose of circulating a petition to be signed by registered electors of the City. PETITION TITLE: Title of the petition set by the Title Board prior to circulation for signatures from registered electors of the City that accurately and fairly expresses the true intent and meaning of the proposed text of the initiative. RECALL: The procedure by which an elected official may be removed from office by a vote of the registered electors of the City. REFERENDUM: The principle or practice of submitting to the registered electors of the City an ordinance adopted by the legislative body. SUBMISSION CLAUSE: Language attached to the ballot title to form a question which can be answered by "yes" or "no". (Ord. 00-175; Ord. 01-42; Ord. 07-210; Ord. 16-102)

Colorado Springs City Code § 5.1.402 CHARTER

5.1.402: CHARTER: The City Charter controls the procedure of recall, initiative and referendum. It is the purpose of this part to clarify those procedures and to establish a prepetition process without modification of the Charter. The Municipal Home Rule Act of 1971, as amended, controls amendments to the Charter. It is the purpose of this part to clarify the procedures and establish a prepetition process for Charter amendments, without modification of the Municipal Home Rule Act of 1971 1 . (Ord. 86-24; Ord. 00-175; Ord. 01-42; Ord. 07-210; Ord. 16-102) Notes 1 | 1. CRS §31-2-201 et seq.

Colorado Springs City Code § 5.1.403 INITIATIVE REQUIREMENTS

5.1.403: INITIATIVE REQUIREMENTS: A. Legislative Finding: The City Council hereby finds that a single subject requirement for initiatives is necessary to prohibit the practice of "log rolling" whereby diverse and unrelated matters are passed as one matter because no single matter could be passed on its own merits. Council further finds that this single subject limitation on initiatives submitted for voter approval facilitates concentration on the meaning and wisdom of the proposal preventing surprise and deception as to the matter being put to a vote. The Council hereby further finds that people have the right to petition their government through the initiative process. However, neither the Colorado Constitution nor the City Charter reserves to the people the right to exercise executive or administrative powers. B. Single Subject Initiatives Required: The Initiative Review Committee shall make every effort to make a Petition Committee aware of initiatives which contain multiple subjects, and the Title Board shall ensure that initiatives contain only single subjects, to enable voters to understand the subject matter of the initiative. Matters proposed for submission to the electorate must be necessarily or properly connected and not disconnected or incongruous. C. Legislative Versus Administrative Matters: The Initiative Review Committee shall make every effort to make a Petition Committee aware of initiatives which contain administrative matters and the Title Board shall ensure that initiatives contain only legislative matters as authorized by the Colorado Constitution and City Charter. If a proposed initiative contains administrative matters, then the Initiative Review Committee shall make a Petition Committee aware of those and recommend the Petition Committee sever those matters from the proposed initiative, and the Title Board shall sever those matters from the proposed initiative. (Ord. 07-210; Ord. 16-102)

Colorado Springs City Code § 5.1.404 COUNCIL REQUIREMENTS FOR REFERRED MATTERS

5.1.404: COUNCIL REQUIREMENTS FOR REFERRED MATTERS: When City Council refers matters to the City electorate, any restriction upon the Council must be found in a specific provision of either the Colorado Constitution or City Charter. Council shall ensure that the wording of referred ballot titles shall not tend to confuse, mislead or deceive the electorate. (Ord. 07-210; Ord. 16-102)

Colorado Springs City Code § 5.1.405 INITIATIVE REVIEW COMMITTEE

5.1.405: INITIATIVE REVIEW COMMITTEE: A. Creation And Purpose: There is hereby created an Initiative Review Committee. The purpose of the committee shall be to review, comment and render advisory opinions on initiated municipal election issues. B. Initial Appointment Of Members: City Council shall appoint three (3) members to the Initiative Review Committee, who shall be residents of the City and have expertise in election matters acquired through education and experience. An alternate may be appointed pursuant to this Code. C. Term Of Appointment: Each member of the initial Initiative Review Committee shall serve at least one term and those initial terms shall be one, two (2) and three (3) years. The term of a committee member following the initial term shall be three (3) years. D. Compensation: Members of the Initiative Review Committee shall be volunteers as defined by this Code and serve without compensation. Members may be reimbursed for reasonable expenses. E. At Will: Each member of the Initiative Review Committee shall serve at the pleasure of City Council and shall be subject to the City Charter, particularly sections 3-60(d) and 9-10, the City Code and the rules and procedures of City Council. F. Majority Vote: The Initiative Review Committee shall make recommendations based upon a majority vote. G. Disqualification: Any member of the Initiative Review Committee shall disqualify himself or herself from participating in any matter before the committee in which his or her impartiality might reasonably be questioned, including, but not limited to, instances where he or she has a personal bias or prejudice concerning a party or personal knowledge of or involvement in disputed evidentiary facts concerning the matter. In that case, the alternate may sit in place of the disqualified member. (Ord. 07-210; Ord. 16-102)

Colorado Springs City Code § 5.1.406 FILING PROCEDURES; APPEAL; REVIEW AND COMMENT; REVISIONS; FILING WITH CITY CLERK

5.1.406: FILING PROCEDURES; APPEAL; REVIEW AND COMMENT; REVISIONS; FILING WITH CITY CLERK: A. The original draft of a proposed initiative shall be submitted by a Petition Committee to the City Clerk without title. B. The Petition Committee shall write the original draft of every initiative in plain, nontechnical language and in a clear and coherent manner. C. The City Clerk shall immediately submit the original draft to the Initiative Review Committee for review and comment. No later than ten (10) business days after the date of submission to the City Clerk, unless withdrawn by the Petition Committee, the Initiative Review Committee shall render its comments to the Petition Committee concerning the format and/or substance of the draft at a meeting open to the public. The Initiative Review Committee may request assistance from any City department in reviewing and preparing comments on the submitted draft. D. To the extent possible, drafts shall be worded with simplicity and clarity so that the effect of the measure will not be misleading or likely to cause confusion among voters. The draft shall not present the issue to be decided in such manner that a vote for the measure would be a vote against the proposal or viewpoint that the voter believes that he or she is casting a vote for or, conversely, that a vote against the measure would be a vote for a proposition or viewpoint that the voter is against. Comments from the Initiative Review Committee shall contain a summary of the proposed initiative followed by a series of questions concerning the wording, intent and purpose of the proposal and any necessary editorial changes to promote compliance with the plain language provisions of this section. These comments shall be provided to the Petition Committee no later than two (2) business days before the meeting and will be reviewed verbally during the meeting. E. Following the public meeting, but before submission to the City Clerk, the Petition Committee may revise the draft to incorporate some or all of the comments of the Initiative Review Committee. Revisions in direct response to the comments of the Initiative Review Committee must be submitted by the Petition Committee to the Initiative Review Committee within two (2) business days for review and comment. An additional public meeting shall be scheduled no later than five (5) business days following receipt of the revised draft. If the Initiative Review Committee has no additional comments concerning the revised draft, it may so notify the Petition Committee in writing, and, in such case, a hearing on the revised draft pursuant to this subsection is not required. If any substantial revision is made to the draft, other than revisions in direct response to the comments of the Initiative Review Committee, the revised draft shall be resubmitted to the Initiative Review Committee in accordance with subsection C of this section. F. After the meeting provided in subsection C of this section, a copy of the original typewritten draft which was submitted to the Initiative Review Committee, a copy of any revised drafts with changes indicated, if applicable, and the final language, if applicable, for the proposed initiative shall be submitted to the City Clerk without a petition title, submission clause or ballot title. G. If the Initiative Review Committee and the Petition Committee are unable to reach consensus on specific language for the submitted initiative draft, the Initiative Review Committee shall submit its written comments as to the proceedings to the City Clerk for referral to the Title Board. (Ord. 86-24; Ord. 00-175; Ord. 01-42; Ord. 02-212; Ord. 07-210; Ord. 16-102)

Colorado Springs City Code § 5.1.407 TITLE BOARD; MEETINGS; PETITION TITLE

5.1.407: TITLE BOARD; MEETINGS; PETITION TITLE: A. The City Clerk, after receiving the final draft, if applicable, and all supporting documents for the initiative from the Initiative Review Committee, shall within ten (10) business days convene the Title Board consisting of the City Clerk, City Attorney and Presiding Judge of the Municipal Court. The Title Board meeting may be continued for up to two (2) business days for good cause. So long as the initiative complies with all applicable law, the Title Board shall designate and fix a proper and fair petition title, if applicable, at a public meeting to be held at the hour determined by the Title Board. Immediately after it is fixed the City Clerk shall deliver the designated title to the Petition Committee. B. In setting a title, the Title Board shall consider initiative requirements and the public confusion that might be caused by misleading titles and shall, whenever practicable, avoid titles for which the general understanding of the effect of a "yes" or "no" vote will be unclear. The title shall unambiguously state the principle of the provision sought to be added, amended or repealed. C. If the Petition Committee is not satisfied with the decision of the Title Board or is not satisfied with the title provided by the Title Board and claims that it is unfair or does not fairly express the true meaning and intent of the proposed initiative, Petition Committee shall file a written motion for rehearing with the City Clerk within two (2) business days after the decision is made or the title is not fixed. The motion for rehearing shall be heard by the Title Board within two (2) business days thereafter. If the Petition Committee is not satisfied with the ruling of the Title Board an appeal shall be taken to District Court within five (5) business days thereafter. If a timely motion for rehearing is not filed, or a timely appeal to District Court is not filed, the decision of the Title Board shall be final and conclusive and any appeal will be deemed waived. D. In the event a motion for a rehearing or an appeal is filed in accordance with this section, the period for circulating a petition in accordance with the City Charter shall not begin until a final decision concerning the rehearing or appeal is rendered by the Title Board or District Court; except, that under no circumstances shall the period for returning the circulated petition for sufficiency determination be more than ninety (90) days prior to the election at which the petition is to be voted upon. E. In the event any member of the Title Board is unable to participate in a meeting, the Mayor shall temporarily appoint a replacement member for that meeting. Any temporary replacement member shall have expertise in election matters acquired through education and/or experience. There shall be at least one attorney at law in good standing, properly licensed to practice law in the State of Colorado, serving on the Title Board in review of a petition. Elected officials cannot serve on the Title Board. (Ord. 86-24; Ord. 00-175; Ord. 01-42; Ord. 02-212; Ord. 07-210; Ord. 16-102; Ord. 18-85)

Colorado Springs City Code § 5.1.408 REQUIREMENTS OF PETITIONS; INITIATIVE, REFERENDUM AND RECALL

5.1.408: REQUIREMENTS OF PETITIONS; INITIATIVE, REFERENDUM AND RECALL: A. Signing Petitions: At the top of each page of every petition circulated within the City shall be printed in plain red letters no smaller than the impression of 10-point, boldface type, the following: WARNING: IT IS AGAINST THE LAW: For anyone to sign any petition with any name other than his or her own or to knowingly sign his or her name more than once for the same measure or to knowingly sign such petition when not a registered elector. DO NOT SIGN THIS PETITION UNLESS YOU ARE A REGISTERED ELECTOR To be a registered elector you must be a citizen of Colorado and registered to vote in the City of Colorado Springs. Do not sign this petition unless you have had an opportunity to read or have read to you the full text of the matter proposed and understand its meaning. B. Registered Electors And Petitions: Any petition circulated within the City shall be signed only by registered electors of Colorado Springs. The signer shall print his or her name, residential address and zip code and the date of signing. Each petition shall have attached an affidavit of the circulator stating the circulator's address and stating that he or she circulated the petition, that each signature was affixed in the affiant's presence, that each signature is the signature of the person whose name it purports to be, that to the affiant's best knowledge and belief, each of the persons signing the petition was at the time of signing a registered elector of Colorado Springs and that the affiant believes that no person has paid or will pay, directly or indirectly, any money or other thing of value to any signer for the purpose of inducing or causing the signer to affix a signature to the petition. The City Clerk shall not accept for filing any petition which does not have an attached affidavit meeting the requirements of this part. C. Withdrawal Of Petition Signatures: 1. Any registered elector of Colorado Springs may request that his or her name be stricken from an initiated petition at any time prior to the date the petition is deemed sufficient and the protest period has passed. To withdraw a petition signature, the person must file with the City Clerk a written request stating the person's desire and intent to strike his or her name from the initiated petition. 2. If a written request in conformity with subsection C1 of this section is filed with the City Clerk, the City Clerk shall strike the signature of the person filing the request after the filing of the initiated petition and during the signature verification process. (Ord. 86-24; Ord. 88-88; Ord. 00-175; Ord. 01-42; Ord. 02-212; Ord. 04-291; Ord. 07-210; Ord. 16-102) Notes 1 | 1. See City Charter article XII; CRS §31-2-201 et seq.

Colorado Springs City Code § 5.1.409 RECEIVING MONEY TO CIRCULATE PETITIONS; FILING

5.1.409: RECEIVING MONEY TO CIRCULATE PETITIONS; FILING: The proponents of an initiated petition shall file with the City Clerk a report disclosing the amount paid per signature and the total amount paid to each circulator. The filing shall be made at the same time the initiated petition is filed with the City Clerk. Any payment made to circulators is an expenditure under article 2, part 2 of this chapter. (Ord. 02-212; Ord. 07-210; Ord. 16-102)

Colorado Springs City Code § 5.1.410 SUFFICIENCY OF PETITIONS

5.1.410: SUFFICIENCY OF PETITIONS: A. Any petition submitted to the City Clerk must initially contain the minimum number of signatures required and the affidavit of the circulator of the petition stating that each signature on the petition is the signature of the person whose name it purports to be and to the best of the affiant's knowledge and belief each of the persons signing the petition was a registered elector at the time of signing. Within thirty (30) days after the filing of a petition for initiative, referendum, recall or Charter amendment, the City Clerk shall complete a review of the petition. During the period a petition is being examined by the City Clerk for sufficiency, the petition shall not be available to the public. Such period of unavailability shall not exceed thirty (30) days. The City Clerk may use the following factors to determine sufficiency: 1. Signature lines containing an address not located within the City limits of the City of Colorado Springs shall not be counted. 2. Signature lines containing an address that cannot be associated with a valid voter registration record shall not be counted. The City Clerk shall use best efforts to match the voter registration records with a residential address provided. 3. In the case of duplicate valid signature lines only one instance of the valid signature line shall be counted. 4. More than one individual's signature on a signature line, in which event the signature line shall count as one. 5. Signature lines containing incomplete residential addresses which are insufficient to allow the City Clerk to validate the signature line shall not be counted. The City Clerk shall use best efforts to match the voter registration records with a residential address provided. 6. Signature lines containing an incomplete date, a date that is not within the petition circulation period, or no date shall not be counted. 7. Signature lines of individuals who are not registered electors in the City shall not be counted. B. If, after the City Clerk's review, the petitions do not contain the requisite number of signatures, the City Clerk shall notify the Petition Committee with a certificate specifying the particular insufficiency and if requested provide copies of the petition. The Petition Committee shall then have thirty (30) days to amend the insufficiency or may withdraw the petition without prejudice to filing a new petition for the same purpose. During the period of time of the City Clerk's initial or subsequent review, additional petitions may not be circulated. C. During the period a petition is being examined by the City Clerk for sufficiency, the petition shall not be available to the public. Such period of unavailability shall not exceed thirty (30) days. D. The City Clerk shall have the power to investigate as necessary for compliance with the provisions of the City Charter and this Code. (Ord. 86-24; Ord. 91-52; Ord. 00-175; Ord. 01-42; Ord. 02-212; Ord. 07-210; Ord. 16-102) Notes 1 | 1. See City Charter article XII.

Colorado Springs City Code § 5.1.411 PROTEST PETITION AND INVESTIGATION PROCEDURES

5.1.411: PROTEST PETITION AND INVESTIGATION PROCEDURES: A. A written protest petition of the City Clerk's final determination of sufficiency may be filed in the Office of the City Clerk by any registered elector of the City, within fifteen (15) days of any final determination of sufficiency. The protest petition shall set forth with particularity the grounds upon which the signature lines, if any, are protested. The City Clerk shall mail a copy of the protest petition to the Petition Committee. The City Clerk shall also mail to the protestors and to the Petition Committee a notice fixing a time for hearing the protest not less than two (2) days nor more than five (5) days after the protest petition is filed. B. All hearings under this section shall be conducted by the Presiding Judge of the Municipal Court or a Hearing Officer appointed by that Office. All hearings shall be public and all testimony shall be under oath. The Presiding Judge or Hearing Officer appointed pursuant to this subsection B shall have the power to issue subpoenas to compel the attendance of witnesses and the production of documents. Upon failure of any witness to obey the subpoena, the Presiding Judge or Hearing Officer appointed pursuant to this subsection B may petition the District Court for an order compelling the witness to appear and testify or produce documentary evidence. The result of the hearing shall be certified to the Petition Committee and the protesters. C. The party protesting the City Clerk's final determination concerning the sufficiency of signatures shall have the burden of proof. D. The finding of the Presiding Judge of the Municipal Court or a Hearing Officer appointed by that Office as to the sufficiency or insufficiency of any petition shall be final agency action and subject to the provisions of C.R.C.P. 106(A)(4). (Ord. 86-24; Ord. 00-175; Ord. 01-42; Ord. 02-212; Ord. 07-210; Ord. 16-102)

Source: City of Colorado Springs, Colorado, City Code and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/coloradospringsco/latest/coloradosprings_co/0-0-0-6372Fetched: 11/1/2026