Outcelt V. Bruce

Petitioner, John S. Outcelt (Outcelt), brought this original proceeding under section 1-40-107(2), 1 C.R.S. (1997), to review the August 20, 1997, action of the Title Board (Board), in fixing a title, ballot title and submission clause, and summary (titles and summary) for a ballot initiative (Initiative #30) for the 1998 general election. Outcelt contends that the Board lacked jurisdiction to act after the third Wednesday in May. Outcelt also argues that Initiative #30 addresses multiple subjects, that the titles and summary do not fairly or accurately describe the subject matter, and that the fiscal impact statement is insufficient. We hold that the title Board had jurisdiction to act on Initiative #30 in August of 1997. However, the proposed initiative contains more than one subject in violation of the Colorado Constitution, and the Board should have refused to fix the titles and summary. Accordingly, we reverse the title Board's action.