Colorado Politics

Title Board advances ballot initiatives on criminalizing abortion, expanding ‘natural medicine’

The Title Board awarded ballot titles on Wednesday to three proposed statewide initiatives, one of which would criminalize abortions while the other two would expand access to psychoactive medicine.

Initiative #56 would outlaw the “murder of a child,” which would include intentionally causing the death of “a living human being at any time prior to, during, or after birth.” There would be limited exceptions, including to save the lives of both the mother and the child.

The Title Board previously rejected on technical grounds a similar proposal, also by proponents Angela Eicher and Rebecca Greenwood, that would have enabled civil enforcement of the law. Texas established a similar mechanism to enforce controversial abortion restrictions that the U.S. Supreme Court permitted to take effect last year. Currently, Initiative #56 would run afoul of Supreme Court precedent on abortion, absent a change in constitutional interpretation.

Colorado voters have a history of rejecting proposed abortion restrictions, and Democratic state lawmakers have indicated that there will be legislation this year to protect abortion access. Meanwhile, Republicans have introduced two bills this session to outlaw abortion.

The proponents of Initiative #56 told the Title Board their intention was to apply the laws against murder to all children without discriminating based on “stage of development.” Some board members expressed confusion about what exactly would happen logistically if the measure were enacted into law.

“I’m not sure I fully understand, if this were adopted, how it would apply to the law. But that’s not for us,” said Julie Pelegrin, representing the Office of Legislative Legal Services.

The board also set ballot titles for Initiatives #58-59, which would set up a regulated access program for “natural medicine,” including fungus-based psychoactives like psilocybin. Two similar measures also received titles in December.

The Title Board is the three-member body that sets the descriptions of ballot initiatives that appear before voters in statewide elections. Its responsibility is to determine if a proposed measure pertains to a single subject and, if so, set a title that is brief and encompasses all central features of the proposal.

If no one lodges an objection to a title-setting, proponents are eligible to begin gathering signatures for placement of their initiative on the ballot.

The Title Board met on Feb. 16, 2022 to consider three proposed ballot initiatives.

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