The election is upon us. Colorado’s ballots were placed in the mail this past Friday. This follows the mailing of the Colorado Blue Book. This booklet, which is filled with information regarding the questions and ballot measures for the upcoming election, is unusually thick this year. Indeed, the statewide ballot contains a labyrinth of 14 ballot measures. If a presidential election was not enough, the number of impactful ballot measures will test Colorado voters’ patience and resolve.
The 14 statewide ballot measures on this November’s ballot are evenly split between seven measures referred by the state legislature and seven brought forth by citizens through the initiative process. They vary in purpose. Some are on the ballot because the Taxpayer’s Bill of Rights (TABOR) requires voter approval for new taxes, tax rate increases, extensions of expiring taxes, mill levy increases, valuation for property assessment increases, or tax policy changes resulting in increased tax revenue. Several require voter approval because they would add language to the Colorado Constitution. These require voters to approve them by 55%. A few more would clean up current laws. And others were placed on the ballot by citizens to ask voters to approve what the state legislature has not passed or to push the state legislature on an issue. Interestingly, at least a few of the measures arguably would enshrine in the Colorado Constitution language that mirrors what currently transpires in Colorado. For example, the proposals in Amendments J and 79 likely have the goal of protecting the status quo should opinions or the law change.
Notably, the number of ballot measures almost included two more. Before the governor called a special session and the state legislature passed a compromise property tax bill to provide Colorado homeowners and business owners additional tax relief, two property tax ballot measures were also on the ballot. Initiative #50 would have required: (a) voter approval for government to retain total statewide property tax revenue that is projected to be in excess of 4% annually and (b) that to obtain voter approval of a property tax revenue increase, any referred measure be a stand-alone subject and its ballot title contain specific language. Its counterpart, Initiative #108 would have set residential and commercial property tax rates far below current levels. These measures were withdrawn when the state legislature passed additional tax relief at the end of the special session.
Below is a summary of the ballot measures on the statewide ballot:
Legislatively Referred Measures – two statutory (Propositions JJ and KK) and five constitutional (Amendments G, H, I, J and K):
- Prop JJ – would allow the state to retain all sports betting tax revenue and direct those funds to the state water plan. Currently, the state is only authorized to retain $29 million a year, but sports betting revenue has recently exceeded that amount. This measure is not controversial and is supported by the sports betting and gaming industry.
- Prop KK – would impose an excise tax on firearms and ammunition to fund crime victim services, including services for survivors of domestic violence; mental health services for veterans and youth; and school security programs. This measure is strongly supported by House Majority Leader Monica Duran, a domestic violence survivor.
- Amendment G – would reduce property taxes for “unemployable” disabled veterans by expanding the homestead exemption. Current law only extends the homestead exemption to veterans whose disability is rated as 100% permanent and total. This measure would cost the state approximately $1.8 million.
- Amendment H – would create a new judicial discipline process that would include an independent board to hear and impose disciplinary actions and increase public sharing of disciplinary actions. Both the state legislature and the judicial branch agreed to these changes and have formally supported the amendment, but the measure requires voter approval because it makes changes to the Constitution. The impetus for reform stems from recent news and reports regarding alleged corruption in the judicial branch.
- Amendment I – would restore judges’ ability to deny bail to people charged with first degree murder under certain circumstances. After Colorado repealed the death penalty, which is where the exception to the bail requirement for first degree murder was located, the law was in flux for several years due to differing interpretations by courts. Even if the amendment passes, judges could still only deny bail under a high legal standard.
- Amendment J – would repeal the section of the Colorado Constitution that defines marriage as between a man and a woman. The amendment safeguards the civil right of same-sex couples to marry under Colorado law should the Dobbs decision by the U.S. Supreme Court, which overturned Roe v. Wade, place in jeopardy the court’s opinion in Obergefell, which declared laws prohibiting same-sex marriage unconstitutional.
- Amendment K – would move some election deadlines one week earlier to lessen the pre-election crunch on collecting and challenging signatures for citizen initiatives and publication deadlines of the same, as well as filings from judges for their retention elections. This amendment is thus administrative in nature.
Citizen-Initiated Measures – seven measures (five statutory and two constitutional) out of 315 that were originally filed this ballot cycle.
- Proposition 127 – would prohibit the hunting of bobcat, lynx and mountain lions. Although framed as banning “trophy hunting,” the measure would, in fact, ban all forms of hunting these wild cats.
- Proposition 128 – would increase the amount of time an incarcerated individual would be required to serve on certain violent crimes from 75% to 85% of their sentence before the offender could be eligible for parole.
- Proposition 129 – would establish a veterinary professional associate position to provide services under the supervision of a licensed veterinarian. This measure was brought by those in the animal welfare community after the veterinarian association defeated legislation several years in a row.
- Proposition 130 – would require the state to provide $350 million in funding, to be spent over several years, to recruit and retain more police officers. It also would provide a $1 million death benefit to the family of each state and local police officer killed in the line of duty.
- Proposition 131 – would establish an all-candidate open primary election for particular offices, where the top four vote getters advance to the general election. The general election would then be conducted via instant runoff voting. Similar efforts are being concurrently pursued in multiple other states.
- Amendment 79 – would establish a constitutional right to abortion in light of the U.S. Supreme Court’s decision to overturn Roe v. Wade. Similar measures have been proposed in other states.
- Amendment 80 – would establish a constitutional right to school choice. Although the measure itself would not do this, the measure was likely proposed to lay groundwork for a voucher system for private and parochial schools that has been rejected by voters in the past.
This document is intended to provide you with general information regarding Colorado ballot initiatives. The contents of this document are not intended to provide specific legal advice. If you have any questions about the contents of this document or if you need legal advice as to an issue, please contact the attorneys listed or your regular Brownstein Hyatt Farber Schreck, LLP attorney. This communication may be considered advertising in some jurisdictions. The information in this article is accurate as of the publication date. Because the law in this area is changing rapidly, and insights are not automatically updated, continued accuracy cannot be guaranteed.