Faucett v. Hamill

In this review proceeding brought pursuant to section 1-40-102(3)(a), 1B C.R.S. (1991 Supp.), petitioner Pat R. Stealey, a registered elector of the State of Colorado, challenges the title, ballot title and submission clause, and summary formulated by the title setting board (Board) for a proposed initiated statute concerning an increased tax on cigarettes and tobacco products for purposes including aid to the medically indigent. Stealey contends that the title and ballot title and submission clause are infirm because they are unfair and do not clearly express the true meaning and intent of the proposed statute. Stealey also maintains that the summary is not a clear and concise statement of the proposed initiative, that it is not an impartial statement of the proposal, and that it is misleading. We affirm the action of the Board in designating the title and the ballot title and submission clause for the proposed statute and in preparing the summary.