In Re Title

Freda A. Miklin, a registered elector, brings this original proceeding pursuant to section 1-40-102(3), 1B C.R.S. (1989 Supp.) to challenge the title, ballot title and submission clause, and summary adopted by the Title Setting Board (Board) for a proposed constitutional amendment concerning sales and use tax. The title, ballot title and submission clause and summary as well as the text of the initiative are appended to this opinion. Miklin claims that the Board lacked jurisdiction to adopt a title, ballot title and submission clause, and summary for this initiative because the initiative had not been submitted to the legislative research and drafting offices of the general assembly for review and comment as required by Article V, Section 1(5) of the Colorado Constitution. She also alleges that the summary prepared by the Board is misleading with respect to the effect of the proposed initiative on food and services. Finally, Miklin contends that the summary violates section 1-40-101(2), 1B C.R.S. (1989 Supp.), because it does not adequately explain the fiscal impact of the proposal. While we reject Miklin's contention with respect to the fiscal impact summary, we agree with her other contentions. Accordingly, we reverse the decision of the Title Setting Board and remand the matter with directions.