Upcoming Colorado Election – Amendments, Referendums, What Does It All Mean?

by Derec Shuler on October 4, 2008

Taking part in the political process is an important civic duty, especially given our current political environment.  This upcoming election, there are many Colorado constitutional amendments and referendums on the ballot that we’ll be voting on.  I just received  a 150 page 2008 State Ballot Information Booklet in the mail that explains the important issues Colorado voters will be deciding on this election.  We’ve been bombarded with political ads and receiving phone calls misrepresenting many of these issues.  Unfortunately, most voters will not take the time to clearly read and understand all these measures before taking to the polls, given how special interest groups have been shaping these initiatives to suite their purposes. Please take a few moments and education yourself on the ballot issues and what’s at stake for the future of Colorado.  To note, Colorado allows easy ballot access for constitutional amendments. You may remember from 8th grade civics, that all laws must conform to the constitution.  While this is a fantastic opportunity for citizens to have their voices heard, it can also cause problems when conflicting ballot measures are approved. Below are the amendments being considered at a very high level .  For detailed information and the complete text of each measure, visit the 2008 State Ballot Information Booklet website .

Amendment 46 – Prohibits Colorado governments from discriminating against or granting preferential treatment on the basis of race, sex, color, ethnicity, or national origin in public employment, education, or public contracting.

  • This seems to be a well written and thought out amendment. Critics object since it also ends anti-discrimination laws that currently require quotas and preferential treatment in government activities.

Amendment 47 - Prohibits requiring an employee to join or pay any dues or fees to a labor union as a condition of employment.

  • This is one of several controversial measure on the ballots this year pitting labor against business. Amendment 47 would not require an employee, in the public and private sector, to pay union fees or dues if they’re working in a place that also operates under a collective bargaining agreement.

Amendment 48 - Defines a "person" to "include any human being from the moment of fertilization."

  • This is basically an attempt to outlaw abortion with other far reaching ramifications that the measures supporter recognizes but states should be left to the courts to sort out. This Amendment is poorly considered since it does not allow any flexibility for doctors to manage care of pregnant women and could effectively outlaw many types of birth control, such as the Pill. My wife is an obstetrician and this Amendment would not allow them to give care to women with ectopic pregnancies, which are nonviable and life threatening among many other procedures.

Amendment 49 - Prohibits public employee paycheck deductions beyond those required by federal law, tax withholdings (yuck), court-order liens and garnishments, health benefits, deductions for savings or retirement plans, and for charity, religious, and education organizations.

  • This would prohibit governments from deducting dues and fees for unions and professional organizations from employee paychecks. Instead, the employees would pay these fees themselves from their own accounts.

Amendment 50 - Pertains to Gaming in Colorado.

  • This would allow citizens of Central City, Blackhawk, and Cripple Creek to vote to extend casino hours, approve additional games, and increase the maximum single bet limit.
  • Most new revenue from this would go directly to support Colorado community colleges and the gaming cities and towns.

Amendment 51 - Increase the sales tax to additionally fund services for people with developmental disabilities and to eliminate waiting lists for these services.

  • It would also prohibit the legislature from reducing current funding levels.

Amendment 52 - Use of severance tax revenue for highways.

  • Severance tax is paid by companies that extract oil, gas, coal, gold, and silver from Colorado. This measure requires a large portion of severance taxes be allocated to highway construction projects with those on the I-70 corridor given highest priority.
  • Arguments are that we need to reduce congestion along I-70 but also that this will take funds away from water resource development and existing state programs.
  • This amendment conflicts with Amendment 58!

Amendment 53 - Will show up on ballot but has been withdrawn.

Amendment 54 - Prohibits certain government contractors from contributing to a political party or candidate for the contract’s durations and two years thereafter.

  • There are many smaller issues and points attached to this amendment. While this appears to make sense and to create a more ethical environment, individuals and organizations wouldn’t be allowed to contribute to the political process even if their contract was in another jurisdiction.
  • Definitely read more about this issue for the nuances which we don’t have space to touch on here.

Amendment 55 - Will show up on ballot but has been withdrawn.

Amendment 56 - Will show up on ballot but has been withdrawn.

Amendment 57 - Will show up on ballot but has been withdrawn.

Amendment 58 - Increase severance taxes paid by the oil and gas industry and increase its allocation to specified programs.

  • This measure will eliminate the state tax credit given to offset the higher local property taxes, increase the number of wells subject to taxes, change the tax rate and structure, and allocate in a constitutional amendment how the increased income will be allocated.
  • Again, due to the nuances in this Amendment, please read more about it at the 2008 State Ballot Information Booklet website .
  • This conflicts with Amendment 52. If both are passed, the courts will have to deconflict the expenditure allocations.

Amendment 59 - Eliminate taxpayer rebates and spend the money on preschool through 12th grade (p-12) public education.

  • This measure will place also rebates created under TABOR into an account to fund public education while repealing Amendment 23, which requires funding per student to increase with the level of inflation.
  • A portion of current budget excess is allocated to school construction and transportation needs. This would move some of that money to the State Education Fund.

Referendum L - Reduce the age requirement to serve in the state legislature from 25 to 21 years of age.

Referendum M - Removes a provision on property taxes related to planting hedges, orchards, and forests from 1876 that is no longer used in property valuation.

Referendum N - Removes outdated provisions related to alcohol beverages dating to 1876 that are no longer in effect.

Referendum O – Proposes an amendment to the constitution that will overhaul how constitution and statutory ballot issues are placed on the ballot.

  • This is a detailed referendum that changes how issues are added to the ballot such as the number of signatures required, how signatures must be collected from throughout the state rather than in a concentrated area, and the timeline to collect signatures and submit issues for review.

As you can see, there are many issues on the ballot this year that need your time and attention. Check out the official state site, 2008 State Ballot Information Booklet, and educate yourself by reading both sides of the issues on the Internet. Please, make sure to get past the sound bites!

Please leave any comments you have on these issues and their effect on our future.

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