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J.A. "SUKI" TSUKAMOTO
Weld County Clerk and Recorder
1402 North 17th Avenue
P.O. Box 459
CGreeley, Colorado 80632
O (303) 353-3840
COLORADO September 5, 1996
Board of Weld County Commissioners
915 Tenth Street (El
Greeley, CO 80631
RE: Including summaries in notice packagetfga
issues which are not required to be included
in the package pursuant to Section 20(3)(b)
of Article X of the Colorado Constitution
Dear Board Members:
This office functions by statute and by agreements with the various participating jurisdictions as
the coordinated election official for Weld County. This office is also required by statute to make
determinations as to the applicability of certain procedures to the election process under C.R.S.,
Section 30-11-103.5. Pursuant to that authority and in consultation with the Weld County
Attorney's Office, I have reviewed the question as to whether summaries of issues which do not
fall under Section 20(3)(b) of Article X (TABOR Notices) of the Colorado Constitution, can
nonetheless be included in the package of notices mailed to electors pursuant to Section 1-40-
125, C.R.S. It is my position that, while such summaries are not required, there is no prohibition
against including summaries of non-TABOR issues and that said summaries will be allowed to
be included.
Section 1-40-103, C.R.S., provides that referred measures are governed by the provisions of
Section 30-11-103.5, C.R.S., which then requires counties to follow the State Constitution and
municipal provisions regarding mitiated and referred measures under part 1 of Article 11 of title
31, C.R.S. The municipal election provisions are silent on the notice procedure for directing the
under Section 20(3)(d) of Article X of the State Constitution for"TABOR" notices. The
constitutional amendment itself and the legislature's interpretations of the mailing requirements
do not prohibit the mailing for matters which fall outside of the constitutional requirements. "A
mailing is not required for a ballot issue that does not involve the state or local government
matter arising under Section 20 of Article X of the State Constitution, as defined in Sections 1-
41-102(4), and 1-41-103(4), C.R.S., enacted in Senate Bill 93-98". Had the legislature intended
to prohibit such mailings, they could have easily done so in this section.
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961725
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Board of County Commissioners
September 5, 1996
Page 2.
It is my intention to accept comments, for and against the proposition regarding the preparole
facility similar to the fashion comments regarding any Section 20 Article X issues are submitted
(at this time, there are no County"TABOR"questions and comments for other jurisdictions go
through their election official). Comments on the preparole issue will be accepted by this office
at 1402 North 17th Avenue, Greeley, Colorado through the close of business on Friday, October
4, 1996. This office will then summarize in 500 words or less the arguments for and against the
proposal. No summary will mention names of persons or private groups, nor any endorsements
of or resolutions against the proposal. These summaries will be included in the notice packet for
the coordinated election which will be distributed in accordance with the statute.
Yours truly,
J.A. "Suki" Tsukamoto
Weld County Clerk and Recorder
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