Title, Ballot Title and Submission Clause and Summary Approved Jan. 19, 1994 and Feb. 2, 1994, for the Proposed Initiated Constitutional Amendment Concerning the Fair Treatment of Injured Workers Amendment, Matter of

• Decision Date: 19 January 1994
• Citation: 873 P.2d 718
• Parties: In the Matter of the Title, Ballot Title and Submission Clause, and Summary Approved
• Court: Colorado Supreme Court

Page 718

873 P.2d 718

In the Matter of the Title, Ballot Title and Submission Clause, and Summary Approved January 19, 1994 and February 2, 1994, for the PROPOSED INITIATED CONSTITUTIONAL AMENDMENT CONCERNING THE FAIR TREATMENT OF INJURED WORKERS AMENDMENT Neil D. O'Toole and Jack Hawkins, Petitioners and Carlene Walker and Tom Jackson, Respondents and Natalie Meyer, Steve Erkenbrack and Rebecca Lennahan, Title Setting Board.

No. 94SA50.

Supreme Court of Colorado En Banc.

April 18, 1994.

As Modified on Denial of Rehearing

May 2, 1994.

Neil D. O'Toole, pro se.

Jack Hawkins, pro se.

Berry & Singer, John Berry, Denver, for respondents.

Gale A. Norton, Atty. Gen., Stephen K. Erkenbrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Maurice G. Knaizer, Deputy Atty. Gen., Gen. Legal Services Section, Denver, for Title Setting Bd.

Justice MULLARKEY delivered the Opinion of the Court.

In this original proceeding brought pursuant to section 1-40-107(2), 1B C.R.S. (1993 Supp.), petitioners Neil D. O'Toole and Jack Hawkins, registered electors of the State of Colorado, challenge the title, ballot title and submission clause, and summary formulated by the Title Setting Board (Board) for a proposed initiated constitutional amendment. The proposed initiative would amend Article II of the Colorado Constitution to declare that the workers' compensation system needs to provide quick and efficient delivery of disability benefits to injured workers at a reasonable cost to employers, without the need for litigation, and that injured workers have the right to prompt medical treatment for their work-related injuries. The text of the proposed initiative and its title, ballot title and submission clause, and summary are appended to this opinion. Petitioners contend: that the title, ballot title and submission clause, and summary do not fairly and correctly express the true intent of the proposed amendment; that the proposed amendment conflicts with another proposed initiative previously selected for the same election; and that the proposed initiative impermissibly contains a catch phrase or slogan. We affirm the ruling of the Board.

I

In reviewing the Board's title setting process, the law is settled that "this court does not address the merits of the proposed initiative and should not interpret the meaning of proposed language or suggest how it will be applied if adopted by the electorate; we should resolve all legitimate presumptions in favor of the Board; and we will not interfere with the Board's choice of language if the language is not clearly misleading." In re Title, Ballot Title and Submission Clause, and Summary Pertaining to Proposed Election Reform Amendment, 852 P.2d 28, 31-32 (Colo.1993) (In re Election Reform Amendment ); In re Title, Ballot Title and Submission Clause, and Summary Pertaining to Workers Comp. Initiative, 850 P.2d 144, 146 (Colo.1993) (In re Workers Comp. Initiative ). We do not consider whether the Board set the best possible title, ballot title and submission clause and summary. Rather, our duty is to ensure that the title, ballot title and submission clause, and summary fairly reflect the proposed initiative so that petition signers and voters will not be misled into support for or against a proposition by reason of the words employed by the Board. In re Proposed Initiated Constitutional Amendment Concerning Limited Gaming in Town of Burlington, 830 P.2d 1023, 1026 (Colo.1992) (In re Limited Gaming in Burlington Amendment ).

Carlene Walker and Tom Jackson have proposed a constitutional amendment which will declare (1) that the workers' compensation system needs to provide quick and efficient delivery of disability benefits to injured workers at a reasonable cost to employers without the need for litigation as may be determined by legislation passed by the General Assembly and signed by the Governor, and (2) that injured workers have the right to prompt medical treatment for their work-related injuries as may be determined by legislation passed by the General Assembly and signed by the Governor. Walker and Jackson submitted their proposed amendment to the Board, which fixed the title, ballot title and submission clause, and summary. Petitioners filed a timely motion for rehearing with the Secretary of State. At the conclusion of the rehearing, the Board voted to retain the title, ballot title and submission clause, and summary originally fixed by the Board. Petitioners then filed this original proceeding for review of the Board's action. See § 1-40-107(2), 1B C.R.S. (1993 Supp.)

II

We first address the question of whether the title, ballot title and submission clause set by the Board "correctly and fairly express the true intent and meaning" of the proposed initiative as required by section 1-40-106(3)(b), 1B C.R.S. (1993 Supp.). Petitioners contend that the Board failed on three separate grounds to satisfy this requirement. We will address each argument in turn.

First, petitioners claim that the title, ballot title and submission clause, and summary should be required to indicate to the electorate that the primary intent of the proposed amendment is to limit the people's right, under Article V, section 1 of the Colorado Constitution, to "propose laws and amendments to the constitution and to enact or reject the same at the polls independent of the general assembly" where such laws concern the workers' compensation system. To support this claim, petitioners cite the language of the proposed amendment, which states that the workers' compensation system needs to provide quick and efficient delivery of disability benefits and that injured workers have the right to prompt medical treatment for their work-related injuries "as may be determined by legislation passed by the general assembly and signed by the governor." (Emphasis added.) Petitioners argue that the title, ballot title and submission clause or summary should warn voters that this language effectively insulates workers' compensation laws from amendment or repeal through the initiative process. We disagree. Even if we assume, arguendo, that the proposed amendment could somehow limit the initiative process in this area, ¹ there is no requirement that the title, ballot title and submission clause or the summary state the effect an initiative may have on other constitutional and statutory provisions. In re Election Reform Amendment, 852 P.2d at 33; In re Limited Gaming in Burlington Amendment, 830 P.2d at 1027-28. Moreover, any potential effect the proposed amendment may have upon the people's right to enact or reject laws through the initiative process is a question of constitutional interpretation and, as such, is not subject to review in this proceeding. In re Title, Ballot Title, Submission Clause and Summary Pertaining to Proposed Initiative on Surface Mining, 797 P.2d 1275, 1279 (Colo.1990). The Board in this case correctly declined to speculate about the possible effect of a proposed constitutional amendment on other parts of the constitution. Thus, we reject petitioners' initial challenge to the title, ballot title and submission clause, and summary as fixed by the Board.

Second, petitioners claim that the Board should have included in the title, ballot title and submission clause or summary some reference to the proposed amendment's express purpose of ensuring that disability benefits are to be provided "at a reasonable cost to employers " (emphasis added), regardless of whether the amount of benefits is reasonable to the injured employees. Once again, petitioners' argument is based on their interpretation of the proposed initiative, not on its express language. The Board is not required to describe every feature of a proposed measure in the title or submission clause. In re Limited Gaming in Burlington Amendment, 830 P.2d at 1026. Rather, the title must correctly and fairly express the true meaning of the proposed initiative, and the submission clause should be brief and should unambiguously state the principle of the provision sought to be added. Id.; §§ 1-40-106(3)(a) & (b). In this case, the fact that disability benefits are to be provided "at a reasonable cost to employers" is not essential for purposes of setting the title. Such language was borrowed directly from the legislative declaration of the Colorado Workers' Compensation Act, see section 8-40-102(1), 3B C.R.S. (1993 Supp.), ² and does not create a new legal standard which is likely to be controversial. See In re Proposed Initiative on Parental Notification of Abortions for Minors, 794 P.2d 238, 242 (Colo.1990) (title must reflect fact that proposed initiative "adopts a legal standard that is new and likely to be controversial"). The Board has considerable discretion in performing its functions and it did not err in omitting this phrase from the title, the ballot title and submission clause and the summary.

Third, petitioners claim that the title, ballot title and submission clause, and summary fail to indicate that the proposed amendment would permit the Governor to exercise a heretofore unrecognized "pocket veto" when presented with legislation concerning workers' compensation. ³ The argument is that by declaring the right of injured employees to disability benefits "as may be determined by legislation passed by the general assembly and signed by the governor " (emphasis added), the proposed initiative effectively will amend the legislative procedure established in Article IV, Section 11 of the Colorado Constitution ⁴ without providing notice of such effect in the title or submission clause. As we discussed above, however, the potential effect of a proposed initiative on other constitutional or statutory provisions need not be included in the title or submission clause. In performing its title-setting function, the Board may not speculate on how a potential amendment would be interpreted and, if possible, harmonized with other relevant...