Court Wait Until After Ballot Initiative

Appellate Case: 17-1192 Document: 010110274622 Date Filed: 12/13/2019 Page: 1
United States Court of Appeals
UNITED STATES COURT OF APPEALS _________________________________ FOR THE TENTH CIRCUIT Elisabeth A. Shumaker December 13, 2019Tenth Circuit
ANDY KERR, Colorado State Clerk of Court
Representative, et al.,
Plaintiffs – Appellants,

v. No. 17-1192
(D.C. No. 1:11-CV-01350-RM-NYW)
JARED POLIS, Governor of Colorado in (D. Colo.) his official capacity,

Defendant – Appellee.



Amici Curiae.
Before BRISCOE, SEYMOUR, and HOLMES, Circuit Judges.
This matter is before the Court on the appellee’s Petition for Rehearing En Banc of our decision in Kerr v. Polis, 930 F.3d 1190 (10th Cir. 2019). A response to the Petition is also on file.
Upon review of these pleadings we note that a ballot initiative has been filed with the Colorado Secretary of State that proposes a vote at the next general election to repeal

Appellate Case: 17-1192 Document: 010110274622 Date Filed: 12/13/2019 Page: 2
Section 20 of Article X of the Colorado Constitution, the Taxpayer’s Bill of Rights (TABOR). In June 2019, the Colorado Supreme Court held that the “initiative comprises a single subject within the meaning of the Colorado Constitution,” and returned the initiative to the Title Board to “set[] a title, ballot title, and submission clause.” In re Ballot Title #3, 2019 CO 57, ¶ 40. The initiative is currently pending review by the Colorado Supreme Court on a second appeal raising questions about the appropriate title for the initiative.
In light of these developments, the parties are directed to file briefs addressing the following question:
Should this appeal be abated, and the Petition for Rehearing En Banc taken under advisement, pending further proceedings on, and the outcome of, the ballot initiative?
The appellee shall file a memorandum brief addressing this question on or before January 13, 2020. The appellants shall file their memorandum brief within 30 days of service of the appellee’s brief. The briefs shall be limited to 15 pages in length in a 13 or 14 point font. No hard copies need be submitted.
Additionally, the appellee is directed to file a report within 30 days of the date of this order, and every thirty days thereafter, advising the court of the status of the ballot initiative’s progress toward the proposed November 3, 2020 ballot.
Entered for the Court


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