Matter of Title, Ballot Title for No. 95

The petitioner, Bennett S. Aisenberg, brings this original proceeding pursuant to section 1-40-107(2), 1 C.R.S. (1997), and challenges the action of the initiative title setting board (“Title Board” or “Board”) in setting the title, ballot title and submission clause, and summary for initiative “1997-98—# 95” (“initiative # 95”).1 Initiative #95 proposes to amend Article VI of the Colorado Constitution by adding a new Section 6 to that article,2 and to repeal several other provisions. We hold that, because initiative #95 contains the same provisions which we recently held to constitute…