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Legislative Council Rule 14

RULE XIV.  PREPARATION, APPROVAL AND DISTRIBUTION OF BALLOT ANALYSIS BOOKLET

(1)  Each year the Legislative Council Staff shall adopt deadlines for the preparation, approval and distribution of the Ballot Analysis Booklet.  The deadlines shall consist of dates established for completion of the steps delineated in this rule.  Such deadlines shall be adopted by the Legislative Council Staff for each measure for which an analysis is to be drafted.  Deadlines shall be strictly observed by all parties.  Deadlines may be modified by the director of research in extraordinary circumstances.  Deadlines shall be established for the following steps (a-g). 

   a)  Solicitation of involvement from proponents, opponents and interested persons on measures for which analyses will be drafted.

   b)  Production and distribution of preliminary drafts of each ballot analysis.  Legislative Council Staff, at its discretion, may require comments from opponents, proponents and interested persons on preliminary drafts to be submitted in writing, and may furnish such comments to all parties of interest.  Preliminary drafts of the ballot analyses and any written comments received shall be considered public records open for public inspection pursuant to Section 24 72-201 et seq., C.R.S.

   c)  Furnishing final drafts to proponents, opponents and interested persons.  Proponents, opponents and interested parties are encouraged to submit any comments on the final draft in writing but are required to submit any proposed amendments to the draft in writing at least 15 days prior to the Legislative Council hearing.

   d)  Distribution of a packet of materials for members of the Legislative Council which shall include the final draft ballot analyses, any written comments and/or proposed amendments from proponents, opponents and interested persons received by the deadline, and any staff comments on the written submissions made by the proponents, opponents, and interested persons.

   e)  Consideration by the Legislative Council of the final drafts, any proposed amendments, and testimony in a public hearing held pursuant to Section 1 40 124.5, C.R.S.  In order to provide for an orderly and efficient hearing and expedite the workload of Legislative Council, the Chair may encourage persons interested in testifying to sign up at least 5 days prior to the hearing.  The chair of the Legislative Council may establish such other procedures and rules for testimony as are appropriate to ensure fairness and facilitate the Legislative Council’s deliberations.

   f)  Final date for publication in newspapers of ballot titles and text (set by constitution).

   g)  Distribution of the ballot analysis booklet to all registered voter households at least 30 days prior to the election.  Distribution of the ballot analysis booklet shall be done in compliance with the Voting Rights Act and the Americans with Disabilities Act.

(2)  All deadlines are effective as of 5:00 p.m. on the date specified.

(3)  Legislative Council Staff shall consider all comments and/or proposed amendments submitted on or before the deadlines for preliminary drafts, but shall use its discretion when incorporating changes to the ballot analyses.

(4)  It shall be the duty of the Legislative Council to conduct a fair and impartial review of each final draft ballot analysis.  The Legislative Council may modify the draft of the booklet upon the two-thirds affirmative vote of the members of the Legislative Council.  After the review, the Legislative Council Staff may amend the draft to correct factual or typographical errors.