PETITION TO REVIEW FINAL ACTION OF BALLOT TITLE SETTING BOARD CONCERNING PROPOSED INITIATIVE #129 ( Definition of Fee )

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1 COLORADO SUPREME COURT 2 East 14 th Avenue Denver, Colorado DATE FILED: May 1, :28 AM Original Proceeding Pursuant to C.R.S (2) Appeal from the Ballot Title Setting Board In the Matter of the Title, Ballot Title, and Submission Clause for Proposed Initiative #129 ( Definition of Fee ) Petitioner: ANTHONY MILO v. Respondents: PETER COULTER and LISA BRUMFIEL COURT USE ONLY Case No.: and Title Board: SUZANNE STAIERT; DANIEL DOMENICO; and JASON GELENDER. Attorneys for Petitioner: Chip G. Schoneberger (Reg. No ) Foster Graham Milstein & Calisher, LLP 360 S. Garfield Street, 6 th Floor Denver, Colorado Phone: (303) Fax: (303) cschoneberger@fostergraham.com PETITION TO REVIEW FINAL ACTION OF BALLOT TITLE SETTING BOARD CONCERNING PROPOSED INITIATIVE #129 ( Definition of Fee )

2 Anthony Milo ( Petitioner ), registered elector of the State of Colorado, through undersigned counsel, respectfully petitions this Court pursuant to C.R.S (2), to review the actions of the Title Board with respect to the title, ballot title, and submission clause for Initiative #129 ( Definition of Fee ). STATEMENT OF THE CASE A. Procedural History of Proposed Initiative #129 Peter Coulter and Lisa Brumfiel ( Proponents ) proposed Initiative #129 ( Proposed Initiative ). A review and comment hearing was held before representatives of the Office of Legislative Council and Legislative Legal Services. Thereafter, the Proponents submitted a final version of the Proposed Initiative to the Secretary of State for purposes of submission to the Title Board, of which the Secretary or his designee is a member. A Title Board hearing was held on April 17, 2014 to establish the Proposed Initiative s single subject and set title. On April 23, 2014, Petitioner filed a Motion for Rehearing, alleging that the Proposed Initiative violated the single-subject requirement, and that the title did not fairly and correctly express the true meaning of the Proposed Initiative and thus will mislead voters. The rehearing was held on April 25, 2014, at which time the Title Board denied the Motion for Rehearing. 1

3 B. Jurisdiction Petitioner is entitled to a review before this Court pursuant to C.R.S (2). Petitioner timely filed the Motion for Rehearing with the Title Board. See C.R.S (1). Additionally, Petitioner timely filed this Petition for Review within seven days from the date of the hearing on the Motion for Rehearing. See C.R.S (2). As required by C.R.S (2), attached to this Petition for Review are certified copies of: (1) the draft, amended, and final versions of the initiative filed by the Proponents; (2) the original ballot title set for this measure; (3) the Motion for Rehearing filed by Petitioner; (4) the ruling on the Motion for Rehearing as reflected by the title and ballot title and submission clause set by the Title Board. Petitioner believes the Title Board erred in denying certain aspects of the Motion for Rehearing. Consequently, this matter is properly before this Court. ADVISORY STATEMENT OF GROUNDS FOR APPEAL The following is an advisory list of the issues to be addressed in Petitioner s brief: 1. Whether the Title Board lacked jurisdiction to set title because the Proposed Initiative violates the single-subject rule by purporting to have broad application across not only the Colorado Constitution, but all areas of Colorado law, 2

4 including all public Colorado legal documents. The Title Board cannot comprehend the breadth of the broad application and thus cannot forward the Proposed Initiative to the voters. 2. Whether the Title Board lacks jurisdiction to set title because the Proposed Initiative violates the single-subject rule by addressing the meaning of fee both at the time of imposition and once the fee revenue is held by a governmental entity (superseding Barber v. Ritter, 196 P.3d 238 (Colo. 2008). 3. Whether the title and submission clause unfairly characterizes the Proposed Initiative and fails to reflect its full intent by: a. Failing to disclose that it applies to the Colorado Revised Statutes. b. Failing to disclose that it applies to codes. c. Failing to disclose that it applies to directives. d. Failing to disclose that it applies to all public Colorado legal documents. e. Failing to disclose that it precludes consideration of ancillary and/or extraneous benefits, as those terms are defined by Black s Law Dictionary. f. Failing to disclose that it supercedes conflicting constitutional, state statutory, court findings of fact, local charter, ordinance, or resolution, and other state and local provisions. g. Failing to disclose that it supercede[s] the Colorado Supreme Courts Findings of Fact in Barber v. Ritter. 3

5 PRAYER FOR RELIEF Petitioner respectfully requests that, after consideration of the parties briefs, this Court determine that the Proposed Initiative violates the single-subject rule and thus the Title Board lacked jurisdiction to set title, or, alternatively, that the title set for the Proposed Initiative is neither fair nor accurate and remand with instructions to cure the foregoing defects. Respectfully submitted, FOSTER GRAHAM MILSTEIN & CALISHER, LLP Chip G. Schoneberger (Reg. No ) FOSTER GRAHAM MILSTEIN & CALISHER, LLP 360 S. Garfield Street, 6 th Floor Denver, Colorado Phone: (303) Fax: (303) Attorneys for Petitioner By: /s/ Chip G. Schoneberger Chip G. Schoneberger 4

6 CERTIFICATE OF SERVICE I hereby certify that on this 1st day of May, 2014, a true and correct copy of the foregoing PETITION TO REVIEW FINAL ACTION OF BALLOT TITLE SETTING BOARD CONCERNING PROPOSED INITIATIVE #129 ( Definition of Fee ) was served via , U.S. Mail and/or ICCES to the following: Peter Coulter 151 Summer Street, #654 Morrison, Colorado coloradojusticeproject@gmail.com Lisa Brumfiel 1499 S. Jasper Street Aurora, Colorado indoorad@yahoo.com Maurice Knaizer Office of the Attorney General 1300 Broadway, 6th Floor Denver, CO Maurice.Knaizer@state.co.us /s/ Dyanna Spicher Dyanna Spicher In accordance with C.A.R. 30(f), a printed copy of this document with original signature(s) is maintained by Foster Graham Milstein & Calisher, LLP, and will be made available for inspection by other parties or the Court upon request. 5

7 DATE FILED: May 1, :28 AM

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