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IN RE TITLE, BALLOT TITLE AND SUBM. CLAUSE

No. 07SA201.

172 P.3d 871 (2007)

In the Matter of the TITLE, BALLOT TITLE AND SUBMISSION CLAUSE, FOR 2007-2008, # 17 (New State Department and Elected Board for Environmental Conservation). Douglas Kemper and Stuart A. Sanderson, Registered Electors of the State of Colorado, Objectors, Petitioners v. Richard G. Hamilton and Phil Doe, Proponents, Respondents. and William A. Hobbs, Daniel Cartin, and Daniel Domenico, Title Board.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing December 17, 2007.

Attorney(s) appearing for the Case

Burns, Figa & Will, P.C., Stephen H. Leonhardt, Alix L. Joseph, Peter F. Waltz, Greenwood Village, Colorado Attorneys for Petitioners.

Richard G. Hamilton, Pro Se, Fairplay, Colorado.

Phil Doe, Pro Se, Littleton, Colorado.

John W. Suthers, Attorney General, Maurice G. Knaizer, Deputy Attorney General, Department of Law, State Services Section, Denver, Colorado, Attorneys for Title Board.

Justice HOBBS delivered the Opinion of the Court.

In this appeal pursuant to section 1-40-107(2), C.R.S. (2007), two registered electors, Douglas Kemper and Stuart Sanderson (collectively, "Kemper"), challenge the action of the Title Board in setting the title, ballot title, and submission clause ("titles") for proposed Initiative 2007-2008 # 17 (unofficially captioned by legislative staff, for tracking purposes, "New State Department and Elected Board for Public...

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