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MATTER OF TITLE, BALLOT TITLE

No. 92SA117.

830 P.2d 984 (1992)

In the Matter of the TITLE, BALLOT TITLE AND SUBMISSION CLAUSE, AND SUMMARY ADOPTED FEBRUARY 19, 1992, Pertaining to the Proposed Tobacco Tax, and Motion for Rehearing Denied on March 6, 1992. Pat R. Stealey, Petitioner, and Swanee Hunt and Lila Gracey, Respondents, and Natalie Meyer, Gale Norton and Douglas Brown, Title Setting Board.

Supreme Court of Colorado, En Banc.

May 26, 1992.

Attorney(s) appearing for the Case

Hays and Wilson, James C. Wilson, Jr., Mark Bender, Denver, for petitioner.

Dubofsky & Phelan, Jean E. Dubofsky, Boulder, for respondents.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Maurice G. Knaizer, Deputy Atty. Gen., Denver, for Title Setting Bd.

Justice LOHR delivered the Opinion of the Court.

In this review proceeding brought pursuant to section 1-40-102(3)(a), 1B C.R.S. (1991 Supp.), petitioner Pat R. Stealey, a registered elector of the State of Colorado, challenges the title, ballot title and submission clause, and summary formulated by the title setting board (Board) for a proposed initiated statute concerning an increased tax on cigarettes and tobacco products...

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