(1) CONGRESSIONAL TERM LIMITS AMENDMENT.

The exact language for addition to the United States Constitution follows:

Section 1:No person shall serve in the office of United States Representative for more than three terms, but upon ratification of this amendment no person who has held the office of United States Representative or who then holds the office shall serve for more than two additional terms.

Section 2:No person shall serve in the office of United States Senator for more than two terms, but upon ratification of this amendment no person who has held the office of United States Senator or who then holds the office shall serve for more than one additional term.

Section 3:This amendment shall have no time limit within which it must be ratified to become operative upon the ratification of the legislatures of three-fourths of the several states.

  (2) VOTER INSTRUCTION TO STATE LEGISLATORS.

  (a) The voters instruct each state legislator to vote to apply for an amendment-proposing convention under Article V of the United States Constitution and to ratify the Congressional Term Limits Amendment when referred to the states.

  (b) All election ballots shall have "DISREGARDED VOTER INSTRUCTION ON TERM LIMITS" designated next to the name of each state legislator who fails to comply with the terms of subsection (5)(b).

  (c) Said ballot designation shall not appear after the Colorado legislature has made an Article V application that has not been withdrawn and has ratified the Congressional Term Limits Amendment, when proposed.

  (3) VOTER INSTRUCTION TO MEMBERS OF CONGRESS.

  (a) The voters instruct each member of the congressional delegation to approve the Congressional Term Limits Amendment.

  (b) All election ballots shall have "disregarded voter instruction on term limits" designated next to the name of each member of Congress who fails to comply with the terms of subsection (5)(b).

  (c) Said ballot designation shall not appear after the Congressional Term Limits Amendment is before the states for ratification.

  (4) VOTER INSTRUCTION TO NON-INCUMBENTS.

The words "DECLINED TO TAKE PLEDGE TO SUPPORT TERM LIMITS" shall be designated on all primary and general election ballots next to the names of non-incumbent candidates for United States senator, United States representative, state senator, and state representative who have not signed the pledge to support term limits unless the Colorado legislature has ratified the Congressional Term Limits Amendment.

The pledge shall read:

I pledge to use all my legislative powers to enact the proposed Congressional Term Limits Amendment set forth in Article XVIII, section 12. If elected, I pledge to vote in such a way that the designation "DISREGARDED VOTER INSTRUCTION ON TERM LIMITS" will not appear next to my name.

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Signature of Candidate

  (5) DESIGNATION PROCESS.

  (a) The Colorado secretary of state shall determine these ballot designations. The ballot designation shall appear unless clear and convincing evidence establishes that the candidate has honored voter instructions or signed the pledge in subsection (4). Challenges to designation or lack of designation shall be filed with the Colorado supreme court within 5 days of the determination and shall be decided within 21 days after filing. Determinations shall be made public 30 days or more before the Colorado secretary of state certifies the ballot.

  (b) Non-compliance with voter instruction is demonstrated by any of the following actions with respect to the application or ratification by state legislators, and in the case of members of Congress referring the Congressional Term Limits Amendment for ratification, if the legislator:

  (i) fails to vote in favor when brought to a vote;

  (ii) fails to second if it lacks one;

  (iii) fails to vote in favor of all votes bringing the measure before any committee in which he or she serves;

  (iv) fails to propose or otherwise bring to a vote of the full legislative body, if necessary;

  (v) fails to vote against any attempt to delay, table or otherwise prevent a vote by the full legislative body or committee;

  (vi) fails in any way to ensure that all votes are recorded and made available to the public;

  (vii) fails to vote against any change, addition or modification; or

  (viii) fails to vote against any amendment with longer limits than the Congressional Term Limits Amendment.

  (6) ENFORCEMENT.

Any legal challenge to this section 12 shall be an original action filed with the Colorado supreme court. All terms of this section 12 are severable.

Enacted by the people November 5, 1996 -- Effective upon proclamation of the Governor, December 26, 1996. (For the text of the initiated measure and the votes cast thereon, see Laws 1997, p. 2395.)

Note: The Colorado Supreme Court has declared Section 12 unconstitutional. Morrissey v. State, 951 P.2d 911 (Colo. 1998).