cover
Half title
Series
The Colorado State Constitution
Copyright
Contents
Series Foreword by Lawrence Friedman
Preface
part one The History of the Colorado Constitution
Prelude to the 1875–1876 Constitutional Convention
The 1875–1876 Constitutional Convention
The Constitution in Place: Significant Amendments
Constitutional Moments
part two The Colorado Constitution and Commentary
Article I: Boundaries
Article II: Bill of Rights
Introduction
Section 1. Vestment of political power
Section 2. People may alter or abolish form of government—proviso
Section 3. Inalienable rights
Section 4. Religious freedom
Section 5. Freedom of elections
Section 6. Equality of justice
Section 7. Security of person and property—searches—seizures—warrants
Section 8. Prosecutions—indictment or information
Section 9. Treason—estates of suicides
Section 10. Freedom of speech and press
Section 11. Ex post facto laws
Section 12. No imprisonment for debt
Section 13. Right to bear arms
Section 14. Taking private property for private use
Section 15. Taking property for public use—compensation, how ascertained
Section 16. Criminal prosecutions—rights of defendant
Section 16a. Rights of crime victims
Section 17. Imprisonment of witnesses—depositions—form
Section 18. Crimes—evidence against one’s self—jeopardy
Section 19. Right to bail—exceptions
Section 20. Excessive bail, fines, or punishment
Section 21. Suspension of habeas corpus
Section 22. Military subject to civil power—quartering of troops
Section 23. Trial by jury—grand jury
Section 24. Right to assemble and petition
Section 25. Due process of law
Section 26. Slavery prohibited
Section 27. Property rights of aliens
Section 28. Rights reserved not disparaged
Section 29. Equality of the sexes
Section 30. Right to vote or petition on annexation—enclaves
Section 30a. Official language
Section 30b. No protected status based on homosexual, lesbian, or bisexual orientation
Section 31. Marriages—valid or recognized
Article III: Distribution of Powers
Article IV: Executive Department
Section 1. Officers—terms of office
Section 2. Governor supreme executive
Section 3. State officers—election—returns
Section 4. Qualifications of state officers
Section 5. Governor commander-in-chief of militia
Section 6. Appointment of officers—vacancy
Section 7. Governor may grant reprieves and pardons
Section 8. Governor may require information from officers— message
Section 9. Governor may convene legislature or senate
Section 10. Governor may adjourn legislature
Section 11. Bills presented to governor—veto—return
Section 12. Governor may veto items in appropriation bills—reconsideration
Section 13. Succession to the office of governor and lieutenant governor
Section 14. Lieutenant governor president of senate
Section 15. No lieutenant governor—who to act as governor
Section 16. Account and report of moneys
Section 17. Executive officers to make report
Section 18. State seal
Section 19. Salaries of officers—fees paid into treasury
Section 20. State librarian
Section 21. Elected auditor of state—powers and duties
Section 22. Principal departments
Section 23. Commissioner of insurance
Article V: Legislative Department
Section 1. General assembly—initiative and referendum
Section 2. Election of members—oath—vacancies
Section 3. Terms of senators and representatives
Section 4. Qualifications of members
Section 5. Classification of senators
Section 6. Salary and expenses of members
Section 7. General assembly—shall meet when—term of members—committees
Section 8. Members precluded from holding office
Section 9. Increase of salary—when forbidden
Section 10. Each house to choose its officers
Section 11. Quorum
Section 12. Each house makes and enforces rules
Section 13. Journal—ayes and noes to be entered—when
Section 14. Open sessions
Section 15. Adjournment for more than three days
Section 16. Privileges of members
Section 17. No law passed but by bill—amendments
Section 18. Enacting clause
Section 19. When laws take effect—introduction of bills
Section 20. Bills referred to committee—printed
Section 21. Bill to contain but one subject—expressed in title
Section 22. Reading and passage of bills
Section 22a. Caucus positions prohibited—penalties
Section 22b. Effect of sections 20 and 22a
Section 23. Vote on amendments and report of committee
Section 24. Revival, amendment, or extension of laws
Section 25. Special legislation prohibited
Section 25a. Eight-hour employment
Section 26. Signing of bills
Section 27. Officers and employees—compensation
Section 28. Extra compensation to officers, employees, or contractors forbidden
Section 29. Contracts for facilities and supplies
Section 30. Salary of governor and judges to be fixed by legislature—term not to be extended or salaries increased or decreased
Section 31. Revenue bills
Section 32. Appropriation bills
Section 33. Disbursement of public money
Section 34. Appropriations to private institutions forbidden
Section 35. Delegation of power
Section 36. Laws on investment of trust funds
Section 37. Change of venue
Section 38. No liability exchanged or released
Section 39. Orders and resolutions presented to governor
Section 40. Bribery and influence in general assembly
Section 41. Offering, giving, promising money, or other consideration
Section 42. Corrupt solicitation of members and officers
Section 43. Member interested shall not vote
Section 44. Representatives in congress—congressional districts—commission created
Section 44.1. Commission composition and appointment— vacancies
Section 44.2. Commission organization—procedures—transparency—voting requirements
Section 44.3 Criteria for determinations of congressional districts—definition
Section 44.4 Preparation, amendment, and approval of plans—public hearings and participation
Section 44.5 Supreme court review
Section 44.6 Severability
Section 45. General assembly
Section 46. Senatorial and representative districts—commission created
Section 47. Commission composition and appointment—vacancies
Section 48. Commission organization—procedures—transparency—voting requirements
Section 48.1 Criteria for determination of legislative districts— definition
Section 48.2 Preparation, amendment, and approval of plans—public hearings and participation
Section 48.3 Supreme court review
Section 48.4 Severability
Section 49. Appointment of state auditor—term—qualifications—duties
Section 50. Public funding of abortion forbidden
Article VI: Judicial Department
Section 1. Vestment of judicial power
Section 2. Appellate jurisdiction
Section 3. Original jurisdiction—opinions
Section 4. Terms
Section 5. Personnel of court—departments—chief justice
Section 6. Election of judges
Section 7. Term of office
Section 8. Qualifications of justices
Section 9. District courts—jurisdiction
Section 10. Judicial districts—district judges
Section 11. Qualifications of district judges
Section 12. Terms of court
Section 13. District attorneys—election—term—salary—qualifications
Section 14. Probate court—jurisdiction—judges—election— term—qualifications
Section 15. Juvenile court—jurisdiction—judges—election— term—qualifications
Section 16. County judges—terms—qualifications
Section 17. County courts—jurisdiction—appeals
Section 18. Compensation and services
Section 19. Laws relating to courts—uniform
Section 20. Vacancies
Section 21. Rule-making power
Section 22. Process—prosecution—in name of people
Section 23. Retirement and removal of justices and judges
Section 24. Judicial nominating commissions
Section 25. Election of justices and judges
Section 26. Denver county judges
Article VII: Suffrage and Elections
Section 1. Qualifications of elector
Section 1a. Qualifications of elector—residence on federal land
Section 2. Suffrage to women
Section 3. Educational qualifications of elector
Section 4. When residence does not change
Section 5. Privilege of voters
Section 6. Electors only eligible to office
Section 7. General election
Section 8. Elections by ballot or voting machine
Section 9. No privilege to witness in election trial
Section 10. Disfranchisement during imprisonment
Section 11. Purity of elections
Section 12. Election contests—by whom tried
Article VIII: State Institutions
Section 1. Established and supported by state
Section 2. Seat of government—where located
Section 3. Seat of government—how changed—definitions
Section 4. Appropriation for capitol building
Section 5. Educational institutions
Article IX: Education
Section 1. Supervision of schools—board of education
Section 2. Establishment and maintenance of public schools
Section 3. School fund inviolate
Section 4. County treasurer to collect and disburse
Section 5. Of what school fund consists
Section 6. County superintendent of schools
Section 7. Aid to private schools, churches, sectarian purpose, forbidden
Section 8. Religious test and race discrimination forbidden—sectarian tenets
Section 9. State board of land commissioners
Section 10. Selection and control of public trust lands
Section 11. Compulsory education
Section 12. Regents of university
Section 13. President of university
Section 14. Control of university
Section 15. School districts—board of education
Section 16. Textbooks in public schools
Section 17. Education—funding
Article X: Revenue
Section 1. Fiscal year
Section 2. Tax provided for state expenses
Section 3. Uniform taxation—exemptions
Section 3.5. Homestead exemption for qualifying senior citizens and disabled veterans
Section 4. Public property exempt
Section 5. Property used for religious worship, schools, and charitable purposes exempt
Section 6. Self-propelled equipment, motor vehicles, and certain other movable equipment
Section 7. Municipal taxation by general assembly prohibited
Section 8. No county, city, town to be released
Section 9. Relinquishment of power to tax corporations forbidden
Section 10. Corporations subject to tax
Section 11. Maximum rate of taxation
Section 12. Public funds—report of state treasurer
Section 13. Making profit on public money—felony
Section 14. Private property not taken for public debt
Section 15. Boards of equalization—duties—property tax administrator
Section 16. Appropriations not to exceed tax—exceptions
Section 17. Income tax
Section 18. License fees and excise taxes—use of
Section 19. State income tax laws by reference to United States tax laws
Section 20. The Taxpayer’s Bill of Rights
Section 21. Tobacco taxes for health-related purposes
Article XI: Public Indebtedness
Section 1. Pledging credit of state, county, city, town, or school district forbidden
Section 2. No aid to corporations—no joint ownership by state, county, city, town, or school district
Section 2a. Student loan program
Section 3. Public debt of state—limitations
Section 4. Law creating debt
Section 5. Debt for public buildings—how created
Section 6. Local government debt
Section 7. State and political subdivisions may give assistance to any political subdivision
Section 8. City indebtedness; ordinance, tax, water obligations excepted
Section 9. This article not to affect prior obligations
Section 10. 1976 Winter Olympics
Article XII: Officers
Section 1. When office expires—suspension by law
Section 2. Personal attention required
Section 3. Defaulting collector disqualified from office
Section 4. Disqualifications from holding office of trust or profit
Section 5. Investigation of state and county treasurers
Section 6. Bribery of officers defined
Section 7. Bribery—corrupt solicitation
Section 8. Oath of civil officers
Section 9. Oaths—where filed
Section 10. Refusal to qualify—vacancy
Section 11. Elected public officers—term—salary—vacancy
Section 12. Duel—disqualifies for office
Section 13. Personnel system of state—merit system
Section 14. State personnel board—state personnel director
Section 15. Veterans’ preference
Article XIII: Impeachments
Section 1. House impeach—senate try—conviction—when chief justice presides
Section 2. Who liable to impeachment—judgment—no bar to prosecution
Section 3. Officers not subject to impeachment subject to removal
Article XIV: Counties
Section 1. Counties of state
Section 2. Removal of county seats
Section 3. Striking off territory—vote
Section 4. New county shall pay proportion of debt
Section 5. Part stricken off—pay proportion of debt
Section 6. County commissioners—election—term
Section 7. Officers compensation
Section 8. County officers—election—term—salary
Section 8.5. Sheriff—qualifications
Section 8.7. Coroner—qualifications
Section 9. Vacancies—how filled
Section 10. Elector only eligible to county office
Section 11. Justices of the peace—constables
Section 12. Other officers
Section 13. Classification of cities and towns
Section 14. Existing cities and towns may come under general law
Section 15. Compensation and fees of county officers
Section 16. County home rule
Section 17. Service authorities
Section 18. Intergovernmental relationships
Article XV: Corporations
Section 1. Unused charters or grants of privilege
Section 2. Corporate charters created by general law
Section 3. Power to revoke, alter, or annul charter
Section 4. Railroads—common carriers—construction—intersection
Section 5. Consolidation of parallel lines forbidden
Section 6. Equal rights of public to transportation
Section 7. Existing railroads to file acceptance of constitution
Section 8. Eminent domain—police power—not to be abridged
Section 9. Fictitious stock, bonds—increase of stock
Section 10. Foreign corporations—place—agent
Section 11. Street railroads—consent of municipality
Section 12. Retrospective laws not to be passed
Section 13. Telegraph lines—consolidation
Section 14. Railroad or telegraph companies—consolidating with foreign companies
Section 15. Contracts with employees releasing from liability—void
Article XVI: Mining and Irrigation
Section 1. Commissioner of mines
Section 2. Ventilation—employment of children
Section 3. Drainage
Section 4. Mining, metallurgy, in public institutions
Section 5. Water of streams public property
Section 6. Diverting unappropriated water—priority preferred uses
Section 7. Right-of-way for ditches, flumes
Section 8. County commissioners to fix rates for water, when
Article XVII: Militia
Section 1. Persons subject to service
Section 2. Organization—equipment—discipline
Section 3. Officers—how chosen
Section 4. Armories
Section 5. Exemption in time of peace
Article XVIII: Miscellaneous
Section 1. Homestead and exemption laws
Section 2. Lotteries prohibited—exceptions
Section 3. Arbitration laws
Section 4. Felony defined
Section 5. Spurious and drugged liquors—laws concerning
Section 6. Preservation of forests
Section 7. Land value increase—arboreal planting exempt
Section 8. Publication of laws
Section 9. Limited gaming permitted
Section 9a. U.S. Senators and Representatives—limitations on terms
Section 10. Severability of constitutional provisions
Section 11. Elected government officials—limitation on terms
Section 12. Congressional Term Limits Amendment
Section 12a. Congressional Term Limits Declaration
Section 12b. Prohibited methods of taking wildlife
Section 14. Medical use of marijuana for persons suffering from debilitating medical conditions
Section 15. State minimum wage rate
Section 16. Personal use and regulation of marijuana
Article XIX: Amendments
Section 1. Constitutional convention—how called
Section 2. Amendments to constitution—how adopted
Article XX: Home Rule Cities and Towns
Section 1. Incorporated
Section 2. Officers
Section 3. Transfer of government
Section 4. First charter
Section 5. New charters, amendments, or measures
Section 6. Home rule for cities and towns
Section 7. City and County of Denver single school district—consolidations
Section 8. Conflicting constitutional provisions declared inapplicable
Section 9. Procedure and requirements for adoption
Section 10. City and County of Broomfield—created
Section 11. Officers—city and county of Broomfield
Section 12. Transfer of government
Section 13. Sections self-executing—appropriations
Article XXI: Recall from Office
Section 1. State officers may be recalled
Section 2. Form of recall petition
Section 3. Resignation—filling vacancy
Section 4. Limitation—municipal corporations may adopt, when
Article XXII: Intoxicating Liquor
Section 1. Repeal of intoxicating liquor laws
Article XXIII: Publication of Legal Advertising
Section 1. Publication of proposed constitutional amendments and initiated and referred bills
Article XXIV: Old Age Pensions
Section 1. Fund created
Section 2. Moneys allocated to fund
Section 3. Persons entitled to receive pensions
Section 4. The state board of public welfare to administer fund
Section 5. Revenues for old age pension fund continued
Section 6. Basic minimum award
Section 7. Stabilization fund and health and medical care fund
Section 8. Fund to remain inviolate
Section 9. Effective date
Article XXV: Public Utilities
Article XXVI: Nuclear Detonations
Section 1. Nuclear detonations prohibited—exceptions
Section 2. Election required
Section 3. Certification of indemnification required
Section 4. Article self-executing
Section 5. Severability
Article XXVII: Great Outdoors Colorado
Section 1. Great Outdoors Colorado Program
Section 2. Trust Fund created
Section 3. Moneys allocated to Trust Fund
Section 4. Fund to remain inviolate
Section 5. Trust Fund expenditures
Section 6. The State Board of the Great Outdoors Colorado Trust Fund
Section 7. No effect on Colorado water laws
Section 8. No substitution allowed
Section 9. Eminent domain
Section 10. Payment in lieu of taxes
Section 11. Effective date
Article XXVIII: Campaign and Political Finance
Section 1. Purposes and findings
Section 2. Definitions
Section 3. Contribution limits
Section 4. Voluntary campaign spending limits
Section 5. Independent expenditures
Section 6. Electioneering communications
Section 7. Disclosure
Section 8. Filing—where to file—timeliness
Section 9. Duties of the secretary of state—enforcement
Section 10. Sanctions
Section 11. Conflicting provisions declared inapplicable
Section 12. Repeal of conflicting statutory provisions
Section 13. Applicability and effective date
Section 14. Severability
Section 15. (No headnote provided)
Section 16. (No headnote provided)
Section 17. (No headnote provided)
Article XXIX: Ethics in Government
Section 1. Purposes and findings
Section 2. Definitions
Section 3. Gift ban
Section 4. Restrictions on representation after leaving office
Section 5. Independent ethics commission
Section 6. Penalty
Section 7. Counties and municipalities
Section 8. Conflicting provisions declared inapplicable
Section 9. Legislation to facilitate article
Bibliographical Essay
Table of Cases
Index
About the Authors