In a unanimous, 3-0 decision this morning, the state Title Setting Review Board rejected Initiative 61, a proposed ballot question critics say is intended confuse voters and nullify the impact of Initiative 31, the "Colorado Civil Rights Initiative." The Board found the language of Initiative 61 violates the Colorado Constitution in that it contains fraudulent or misleading information in an attempt to earn passage by voters.
Kasia Biel/Dreamstime
As Face The State has previously reported, Initiative 61 purports to ban race-preference programs at all levels of Colorado government, using the same language as Initiative 31, but goes on to condone such programs if they are consistent with U.S. Supreme Court rulings.
The Title Setting Review Board is comprised of three legal officials within state government, including deputy Secretary of State William Hobbs, Colorado Solicitor General Dan Domenico, and Sharon Eubanks of the Office of Legislative Legal Services.
Jessica Peck Corry (who also serves as an editorial contributor to Face The State) was the petitioner on the request for re-hearing, appealing the Review Board's initial approval of Initiative 61. "I'm thankful the title-setting board saw the competing initiative for what it is, a disingenuous effort to confuse voters," she said.
Melissa Hart, a University of Colorado Law professor and counsel to proponents of Initiative 61, disagrees with the decision. "I think the title board made a mistake," she said. "[Initiative] 61 had a single subject and that was of non-discrimination. We're going to appeal to the Supreme Court, and I think we are going to win on appeal."
A copy of the ruling was unavailable as of press time as the Review Board is still in session, according to staff at the Department of State.
FTS' Brad Jones discusses this story
on 850 KOA's Mike Rosen Show [Streaming Audio]
FTS' Brad Jones discusses this story
on 600 KCOL's "The James Gang" [Streaming Audio]