Armstrong v. Davidson

Summary

The Colorado Supreme Court held that proponents of a ballot initiative may circulate petitions after the Title Board has taken final action on the ballot titles and summary, even while an appeal of that action is pending. If the court affirms the Title Board, the Secretary of State may count signatures collected during the appeal. The court therefore affirmed the district court's decision upholding the Secretary of State's sufficiency determination and certification of the initiative to the ballot.

Holdings

1. An initiative proponent may circulate a petition for signatures once the Title Board's action fixing and determining the titles and summary becomes final, which occurs upon denial of a rehearing petition or expiration of the time for filing one.
2. The Secretary of State may count signatures obtained while an appeal of the Title Board's action is pending if the Supreme Court affirms that action.
3. Section 1-40-107(5) addresses the time for filing a signed petition with the Secretary of State, not the time for beginning circulation or gathering signatures.

Questions Presented

1. Whether initiative proponents may circulate a petition for signatures after the Title Board has taken final action on the initiative's titles and summary but while an appeal of that action is pending in the Colorado Supreme Court.
2. Whether signatures gathered during the pendency of the appeal may be counted if the Supreme Court affirms the Title Board's action.
3. Whether sections 1-40-107(5) and 1-40-108, C.R.S. prohibit petition circulation until the Supreme Court's appellate decision is final.

Disposition

affirmed