Colorado

Taking the Initiative: Coloradans Set to Vote on Proposal to Limit Ballot Initiatives and Constitutional Amendments

Election Law Society · November 7, 2016 ·

By: Emily Hessler

Coloradans looking to limit the number of citizen initiatives on the state’s ballots are using an unlikely tool to achieve their goal: the citizen initiative. Supporters argue that a proposed measure on November’s ballot––Initiative 71––would “raise the bar” by making it more difficult to get citizen initiatives on Colorado’s ballots and by increasing the percentage of votes required to amend the state’s constitution.

Under Article V of the Colorado Constitution, the ballot initiative is a power “the people reserve to themselves.” Pursuant to this constitutional provision, Colorado citizens can petition to include proposals on general election ballots for new legislation––statutory initiatives––or for constitutional amendments––constitutional initiatives. Twenty-four states allow initiatives, but only sixteen permit that constitutional initiatives go directly on the ballot without first being presented to the legislature.

Election Law Program Pilots Three Online Platforms of State Election Codes in Colorado, Florida and Virginia

Election Law Society · October 19, 2016 ·

Wondering what the Virginia election code has to say about campaign volunteers and others at the polls? Want context on statutes that govern when voter registration ends in Florida? Curious about how Colorado election statutes impact voter registration lists?

In advance of next month’s election, the Election Law Program, a joint project of William & Mary Law School and the National Center for State Courts, is piloting three online platforms of state election codes in Colorado, Florida and Virginia. Teams of election experts have annotated their state’s election code to give context for how the law operates in these states. In addition, case law, regulations, advisory opinions, and administrative guidance are linked to relevant statutes to provide a full picture of how election codes in Colorado, Florida, and Virginia function.

Bloated Voter Registration Rolls in Colorado Counties Could Support Implementation of Stricter Voting Requirements

Election Law Society · February 17, 2016 ·

By: Eric Speer

In late August 2015, the Public Interest Legal Foundation, a nonprofit organization dedicated to preserving election integrity, found that 10 counties in Colorado have over-inflated voter rolls. Pitkin, Mineral, Hinsdale, San Juan, Ouray, Summit, Dolores, San Miguel, Cheyenne and Boulder Counties were found to have more voters registered than people eligible to vote. This over inflation violates the National Voter Registration Act, which requires “states to keep voter registration lists accurate and current, such as identifying persons who have become ineligible due to having died or moved outside the jurisdiction.”

Ballot Initiatives for Marijuana Legalization Track Public Opinion

Election Law Society · February 1, 2016 ·

By Hannah Whiteker

Fans of direct democracy should be excited about the increased use of state ballot initiatives to legalize marijuana use. Direct democracy allows citizens to enact and change laws, instead of electing representatives to make important decisions for them. One of the ways that the United States utilizes direct democracy is through state ballot initiatives. If a group of voters wants to get an initiative on the ballot to pass a law in their state (there is no initiative process for federal elections), the group must first get enough voters to sign a petition supporting the initiative. The number of signatures required varies by state. If the group satisfies the signature requirement, the initiative is put on the ballot for the next statewide election to be voted on by the people.

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Colorado School Board Recall Election Raises Questions about Campaign Finance Disclosures and the Role of Outside Money

Election Law Society · December 4, 2015 ·

By: Eric Speer

A county school board recall election in Colorado has brought focus once again to the influence of outside “dark money” on local political races. And campaign finance observers say that much of it will never be traced back to its source because of a confluence between IRS reporting regulations and a 2002 amendment to the Colorado constitution.