Hayes v. Ottke

The issue before the Supreme Court in these consolidated cases concerned the actions of the title setting board (Title Board) in setting the titles and ballot titles and submission clauses (or titles) in two groups of initiatives. In case 12SA117, Petitioner Philip Hayes challenged the Title Board's title setting for Initiatives 2011-2012, Numbers 67, 68 and 69. Respondents David Ottke and John Slota were the designated representatives for those proposed initiatives. If adopted, the initiatives would alter how the General Assembly amended or repealed citizen-initiated statutes. In Case 12SA130, Petitioners Barbara Walker and Don Childears challenged the Title Board's title setting for Initiative 201-2012 Number 94 and 95. Respondents Earl Staelin and Robert Bows were the designated representatives. If adopted, Initiative 94 would have amended the Colorado constitution to allow political subdivisions to establish and operate banks; Initiative 95 would have allowed the State to open and operate its own bank. The common threshold question before the Supreme Court in this appeal was whether the Title Board had authority to act on motions for rehearing to address challenges to the titles previously set, where fewer than both of the designated representatives of the initiative's proponents appeared at the rehearing. Finding no statutory authority that conferred such authority to the Title Board, the Supreme Court reversed the actions of the Title Board and returned the measures to the Title Board for further proceedings. View "Hayes v. Ottke" on Justia Law