HomeMy WebLinkAbout1994-06-06 EC MEMO•
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MEMORANDUM
TO: Election Commission
FROM: Lou Ellis , City Clerk
DATE: June 6 , 1994
SUBJECT: JULY 18, 1994 MEETING WITH CITY COUNCIL &
INFORMATION ON "ELECTION REFORM" AMENDMENT NO. 12
I have received confirmation that the Election Commission is scheduled to meet
with City Council Monday , July 18, 1994 at 6:00 p.m. in the Community Room .
Also , attached you will find a Memorandum from Geoff Wilson , CML General
Counsel regarding Amendment 12 , which Llomar has agreed to share with the
Commission .
I look forward to seeing you Thursday .
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I ;,-\\\ct,\ ""Jr; I} (_
./~ ,/ '/ ' r ML (j {
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Colorado Municipal League
·~ Llncoln Street, Suite 2 10 0 • Denver, Co lora d o 80 264-2101 • Phone (303) 831-6411, FA.X (303) 860-8175
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1\1ElVIORANDUM f3 r~
'Ly ((}~,/;/ v y u.) .·· ~vi" 1
fl tr,,r/t;? To:
From:
CML E'(.ecuti ve Board
Geoff Wilson, General Counsel
Re: Election Reform Amendment -Initial Outline of Provisions with Preliminary
-Comments
Date: March 15, 1994
The "Election Reform Amendment" (ERA) will appear on the November 1994 st.ate'Nide general
election ballot as Amendment No. 12. This wide ranging proposal would create a new Section
2 in Article VII of the Colorado Constitution. Amendment 12 con~ge of
provisions addressing a myriad of issues; much in the__p.rapasaLis subject to vaned and uncertain . ,,,.--; mterpretat.J.on.
What follows is an introductory overview of the major provisions in Amendment 12, together
with some preliminary observations. My object was not to address each and every aspect of the
ERA, nor to anticipate all issues that may be presented by every provision. Further analysis will
undoubtedly identi n erous additional issues, ambiguities and consequenceS'·o·r Amendment
12. I strong y suggest a clo o s complex amendment (attached) ..
A. General Provisions (Subsection (1))
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The "required" application of the ERA "shall reasonably strengthen citizen
control of government the most. All provisions are self-executing and severable
and supersede conflicting st.ate constitutional, st.ate st.atutory, charter, or other
st.ate or local provisions." The amendment would thus repeal by implication a
wide array of constitutional and st.atutory provisions, particularly in the area of
initiative, referendum and recall. Additionally, the amendment would supersede
a variety of ·home rule" municipal charter provisions that voters have adopted
pursuant to their constitutionally reserved authority to govern their affairs locally
as they see fit.
The amendment permits enforcement suits to be filed by individuals, classes, or
districts, "within three years of an event.• Successful plaintiffs may recover costs
and reasonable attorneys fees, but defendants may not unless the suit is ruled
frivolous. Thus the amendment encourages private •enforcement" suits by
permitting recovery of the private plaintiffs' litigation expenses. By contrast,
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public litigation expenses, that is, the taxpayers' money that is spent defending •
against these enforcement suits, cannot be recovered unless the suit is found to
be frivolous.
B. Definitions (Subse<:tion (2))
Subsection (2) of the amendment contains a number of important definitions. Several of
these definitions are specifically referenced later in this memo as pan of the discussion
of the section of the amendment in which the defined term is used. However, a couple
of the definitions in Subsection (2) deserve particular note here.
• "Ballot issue" is defined as "ANY pending state or local referred measure or non-
recall petition as soon as a ballot title is initially set; and on ANY SUBJECT QR
SUBJECTS WHATSOEVER for purposes of this section and Anicle X, Section
20." (Emphasis as set fonh in the Amendment 12 text.) Read in conjunction with
Section 20 (3)(a) of the TABOR Amendment, the effect of this definition will be
to delay public votes and suspend community action on a wide variety of land
use, public safety and other issues by eliminating all local government special
elections on dates other than those specified in TABOR. Conversely,
amendments to the state constitution ·and statutes would be subject to electio s
held in November of odd numbered years, in addition to the scheduled gene
election in November of even-numbered years. The term "ballot issue" is also
used throughout Amendment 12 including, notably, in Sections 5(a) and (b),
which suppress public officials and employees discussion, analysis or othe
activity with respect to ballot issues and penalize organizations of public enti · s
or employees that provide information concerning, or participate in campaigns
with respect to ballot issues (see paragraphs F and G of this memo).
• "District" is defined as "the state or any local government, including enterprises,
authorities, and all its other activities." The ERA definition of "district" is thus
much broader than the now familiar TABOR Amendment definition of this term,
which excludes "enterprises." The Amendment provides no further elaboration
of what is meant by "authorities" or "all its other activities" (for example, the
antecedent of "its" in the foregoing clause is not at all clear). The term "district•
is used throughout Amendment 12; thus the breadth of this definition will have
profound importance for the reach of the Amendment, should it be adopted by the
voters in November of 1994. For example, Subsection (6)(a) extends the
initiative, referendum and recall power to "all districts as to district matters."
C. Limits on Ele<:ted Officials Compensation (Subsection (3), Entitled "Pay Raises")
• Subsection (3) provides in pan that "[c]ompensation changed after 1994 may
exceed its 1988 level only by district voter approval, or by inflation, as defined
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in Article X, Section 20, after 1994. Compensation first set, or voter approved,
from 1989 to 1994 shall use that level and year as a base. A governing body
shall use its combined compensation."
"Compensation" is defined in Subsection (2)(c) as "the district cost in salary,
payroll, fringe benefits and travel accountS, and any cash payments and
reimbursements to an elected official." Note that no allowance is made for
circumstances where, for example, a sudden increase in travel expenses is
legitimately incurred by a public entity's elected officials.
D. Income Tax Credit for "Donations 11 by "Human Beings 11 to Certain Political
Committees (Subsection (4)(a))
* Subsection (4)(a) provides that "new" campaign committees may pledge to the
Secretary of State to take donations only from "human beings." The amendment
then provides that "hu .. man beings" making cash gifts to such committees may
claim a state income tax credit for the lesser of a specified dollar amount or the
amount of the total annual cash gifts to all such committees. The credit may not
carry forward to subsequent tax years nor exceed income tax liability. The credit
"shall be listed on all future state income tax returns and adjust yearly for
inflation or more." Whereas the TABOR definition of "inflation" is referenced
in Subsection (3), no definition of inflation is provided in Subsection (4). What
is meant by the requirement that the credit adjust yearly for inflation "or more"?
E. Limits on Acceptance of "Donations" from Specified Individuals or Groups
(Subsection (4)(b))
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The amendment provides that "district candidate3 or elected officials or their
campaign committees shall not accept any donation with a retail value over $50
per calendar year per donor from any utility with rates or service regulated by
that district, from any group receiving over 5 % of its annual gross receipts from
that district, or from a business group, corporation, employee group, union,
political action committee other than a political party, or paid lobbyist who is not
a relative."
Note that, although Subsection (4) is entitled •Campaign Contributions,• it's
application may reach well beyond what are ordinarily considered campaign
contributions. The language of Subsection (4)(b) restricts donations to •elected
officials," as well as "district candidates.• Thus, the limitations of Subsection
(4)(b), arguably, are not restricted to •donations" incident to an election or re-
election effort .
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"Donation" is defined in Subsection (2)(e) as "cash or cash equivalents, loans, or
substitute purchases, but not contributions in kind or services." The amendment
does not define "cash equivalents," "substitute purchases," "contributions in
kind," or "services." Note also that "donation" is not defined to encompass only
contributions or gifts incident to an election or re-election campaign.
The campaign finance "reforms" in Amendment 12 are conspicuous for what is
not covered. There is no resniction, for example, on the amount of money that
disnict candidates or their campaign committees may accept from wealthy
individuals. This omission, combined with the Amendment's limitation on
acceptance of donations from groups, will enhance wealthy individuals'
opportunity to "buy" elections. There are no dollar restrictions on acceptance of
in-kind contributions from political committees or from any other source. The
measure does not prevent contributions from being funneled through the political
parties and does not include any reporting requirements or enforcement provisions
concerning such contributions.
F. Penalty for Organizations of Public Entities or Employees that Provide Information
Concerning, or Participate in Campaigns with Respect to Ballot Issues (Subsection
(S)(a))
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The amendment provides that no districts shall "belong or donate, directly or
indirectly, to any organization of districts or district employees that hereafter uses
its name, or its paid employee time, material, mailing or other resources with a
retail value over $50 per calendar year, to support or oppose, or to create or
distribute material discussing, a ballot issue."
This provision is obviously intended to exclude a wide array of public entity and
employee organizations from engaging in political speech concerning ballot
issues. Note that, unlike Subsection (5)(b), this provision is not intended as a
restriction on expenditure of pµblic funds in ballot issue campaigns; rather, it is
intended to exclude from the political debate a certain ~ of organizations.
Presumably, the proponents of Amendment 12 would prefer that voters not see
or hear the particular information or opinions that this type of organization might
present.
• Note also that these targeted organizations pay the membership penalty prescribed
in Subsection (5)(a) even if they do not engage in advocacy; the penalty is
imposed if these organizations merely "create or distribute material discussing"
a ballot issue.
• Since "ballot issue" is defined in Subsection (2)(a) as including any measure once
the ballot title is set, this limitation will begin to apply quite early in the ballot
issue process.
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* This portion of the amendment may have profound defects as a violation of the
free speech and equal protection guarantees of the U.S. Constitution.
G. Suppression of Public Officials and Employees Discussion, Analysis or Other Activity
with Respect to Ballot Issues (Subsection (S)(b) and (c))
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The amendment provi des that no elected official or district employee may use
district paid employee time or materials with a retail value of over $50 per
calendar year to "create or distribute material discussing a ballot issue, except for
election or judicial processes or notices, for public meeting facility costs, or for
legal duties other than ballot issue analysis.•
This prohibition could prevent any district analysis of and reports on ballot issues,
even for the district's own internal use, if such analysis or report is prepared at
public expense (again , note the exceedingly broad definition of "district" in
Subsection (2)(d)). This provision would make illegal preparation of materials
such as the Legislative Council's "Blue Book," which gives a factual summary
of ballot issues and contains arguments for and against the proposals. Thus, this
prohibition would go well beyond the familiar restrictions in the Colorado
Campaign Reform Act (l-45-101, C.R.S. ~ ~.) on use of public funds for
advocacy in connection with ballot issues. The impetus for this limitation is that
analysis of pending ballot proposals prepared for internal use by government
officials, as public documents, occasionally end up being reported in the
newspapers. Since these newspaper stories are at times not favorable towards the
ballot issue, the Amendment 12 proponents-' •solution• to this "problem" is to
simply prohibit any internal analyses of pending ballot proposals from being done
in the first place.
No elected official shall vote for a resolution or statement "referring directly or
indirectly• to a ballot issue. This practice is currently expressly authorized in the
Colorado Campaign Reform Act at l-45-116(l)(b)(III).
H. Penalties; Limitation· on Publicly Funded Defense of Alleged Violators (Subsection
S(d))
* Each "willful violator" of the limitation on receipt of "donations" in Subsection
(4)(b) or the limitations in Subsection (5) shall be liable for "$5,000 each to the
district and to the opposing campaign committees as a group, and jointly and
severally liable to both for the retail value of district costs, savings by use of
district resources, and illegal donations."
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The amendment funher provides that "direct or indirect repayment or legal aid
with district funds is also a violation." Note that the prohibition of legal aid with
district funds is not limited to those charged with "willful" violations of Sections
(4)(b) or (5); any legal aid (which would, of course, include a publically funded
defense) is stated as a seoarate violation of the Amendment. This remarkable
provision .would mean that public employees could not receive a publically funded
legal defense even when thev are subseguentlv found to have not committed the
alleged offense. Apparently, whenever a complaint alleging a violation of ERA
is filed, the public official would be obliged to retain counsel and pay for his or
her own defense out of personal, private funds.
Since, under our system of justice, one is presumed innocent until proven guilty,
this prohibition amounts to a ban on use of public funds to defend the innocent.
This provision is apparently premised on the assumption that if one is accused,
one must have done something wrong. Obviously, Subsection (5)(d) could have
a profound adverse effect on the willingness of citizens to engage in public
service in Colorado.
Finally, Subsection (5)(d) provides that the penalties set forth in the Subsection
are "mandatory and not suspendable" and that "[o]beying a supervisor or elected
official is no defense, nor is ignorance" of the requirements of the amendment.
The latter limitation may prove to be particularly harsh, since ambiguity in many
provisions of ERA makes good faith ignorance of its requirements a distinct
possibility.
I. Provisions Relating to Petition Procedures, Including Recall (Subsection 6)
Over half of the total ERA text is ta.ken up with a variety of proposed changes to initiative,
referendum and recall procedures. This portion of the amendment contains some of the most
dramatic changes proposed. Set forth below is a sampling and overview of some of these
changes; however, as with the rest of ERA, there is no real substitute for a close reading of each
and every line of this section of the amendment.
Expanded Use of Initiative, Referendum and Recall Powers
* "Petition powers" are extended to "all districts as to district matters." Note that
"petition" is defined in Subsection (2)(g) as including an initiative, referendum
or recall process. This provision would thus extend the initiative and referendum
power (presently possessed only by state and municipal voters) to school district,
county and special district voters. These powers are further extended to a huge
array of other entities, since "district" is defined in Subsection (2)(d) as including,
in addition to the state and any local government, "enterprises, authorities" and
all "other activities" of the foregoing (what "other activities" means or might
encompass in this context is not at all clear).
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Many of the entities that would be subject to initiative and referendum have
heretofore neither conducted elections nor maintained voter lists. It is unciear
how this new authority would be implemented in these jurisdictions, particularly
since, under Section 6( d) of the amendment, changes in the initiative, referendum
and recall laws to facilit.ate this new power would require voter approval. What
happens if the voters don't approve the requisite procedures? Whatever the
answer to this and the many other questions presented by this section of the
Amendment, l.t is clear that taxpaye..--s will be expected to pay for a huge increase
in ballot title settings, title challenges, petition printing and validation, petition
challenges, appeals, elections and other associated costs.
Amendment 12's application of the initiative and referendum power to "district
matters" could create ambiguity and uncenainty as to whether the initiative power
will continue to extend only to "legislative" matters (as is presently the case) or
will instead be extended to any district matter, including administrative or budget
matters, for example. This uncertainty may be heightened by the fact that Section
(6)(b) provides that "appropriations for district support and maintenance are
exempt from referendum petitions." Does this mean that all other "district
matters" ~ subject to referendum (or initiative), and that appropriations could
be initiated?
• Initiative Ballot Title Setting
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• The amendment prescribes a very tight timeframe for setting of initiative petition
ballot titles and allows st.ate district courts to set a ballot title for any petition.
Initiative ballot titles may be appealed to the Supreme Court within five days after
they are set and the amendment directs that the Supreme Court shall decide any
such appeal within 10 days. With the initiative power being conferred on a huge
new universe of •districts,• this portion of the amendment could result in large
numbers of title challenges reaching the Supreme Court at certain times of the
year. The extent to which this might impair the Court's ability to conduct other
business is uncertain.
• Present law requires the Title Board for statewide ballot issues to prepare a
"clear, concise summary" of the proposed law or constitutional amendment, and
include in the summary an estimate of the state and local fiscal impact of the
proposed measure. Amendment 12 would prohibit the Title Board from providing
voters with these summaries and estimates of fiscal impact .
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Taxpayer Funding of Private Petitioners
* Governments (i.e. taxpayers) are required to print and deliver "at their own
expense" petitions in a quantity providing signature line s for at least twice the
minimum required signatures within 10 days after a fin :... :itle setting. Currently,
petition advocates pay their own printing expenses. A ::_ ;;ndment 12 would force
taxpayers to pick up a,dd.itional initiative costs that are now borne by private party
initiative proponents; Subsection (6)(c) provides that "[p]etitioners or their agents
shall be charged no fee or bond for any process, requirement, or document
related to their petition; nor for district documents or data, to be provided within
two district business days of a written request, that may help restore any
invalidated entry or petition." The legalization of paid petition circulate.rs in
Colorado will result in the initiative process being increasingly used by well
healed special interest groups to circumvent the deliberative process of state or
local legislative bodies. These sections of Amendment 12 would mean that these
. . . special inte.rest groups~ ~ve :nsiderable ~ayer suppo:~ their ~o~jj
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Petition Signature Regmrements t( e -f 10 l t -r'j J/ v I e_ l/-v-I ~ I I
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Petition signature requirements are set at "5 % of the number of district votes for
all candidates for the Secretary of State in the last election for that office, except
local recall signatures shall not exceed 8 % in a represented area." This is not a
change in the signature requirement for ~ initiative and referendum petitions. •
However, it is a substantial reduction in the permitted signature number ceiling
applicable to municipal initiatives and referenda, which under Article V, Section
1 (9) of the Colorado Constitution may presently not exceed 10 % of all registered
electors for the referendum nor 15 % of all registered electors in the jurisdiction
for the initiative. As to recall of local or state officers, this signature requirement
constitutes a dramatic change. The current signature requirement for such
officers' recall is a number equal to 25 % of the number of votes cast in the
preceding election for all candidates for the office which the incumbent sought to
be recalled occupies (see Sections 24-9.5-102 and 31-4-501, C.R.S. and Col
Const., Article XXI, Sections 1 and 4).
* The amendment proposes a very short timeframe for any petition signature
protest, and petitioners are then given up to 10 days after any final decision on
a signature protest "to file corrections and new entries or petitions signed at any
time" (thus, the "cure" signatures may be gathered prior to the declaration of
insufficiency as to those petitions already submitted). Further, the amendment
provides that any petition upon which a signature protest is filed shall stay on the
ballot during the pendency of the signature challenge.
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The ability to challenge and invalidate fraudulent signatures is dramatically
impaired by Amendment 12. Petitions or signature entries may be found invalid
by election officers only if "invalid on their face." Districts and private
protestors to signatures must itemize and file their protests within ten days of
petition filing and have the "burdens of production and proof beyond a reasonable
doubt. " A person signing a verified or notarized petition is presumed to be a
registered elector whose signature is valid until disproven. The effect of these
portions of the ERA will be to prevent state and local election officers from
checking signatures on initiative, referendum or recall petitions against a
registered voter list. Unless signatures are invalid on their face, such as the
name "Mickey Mouse" (of course, this could be someone's real name ... ) listiz;g
of a foreign address, or submission of signatures all written in the same
handwriting, they must be presumed valid. The opportunity to check for
fraudulent signatures will diminish and the ease with which initiative fraud can
be used to corrupt the process will be dramatically increased.
The amendment provides that "affidavit errors ... or other variances shall be
liberally construed to aid petitions."
Recall of .Judges. and Other Officials
* No elected official shall undergo more than one recall election per term and no
campaign reimbursement is permitted. Present constitutional provisions and
statutes do not bar multiple recall elections during a term of office and permit
reimbursement of municipal officials' election expenses if they are not recalled
and reimbursement is provided for by local ordinance.
* The amendment provides that "O]ustices and judges may be recalled, which
would bar any future judicial position." This new authority should be considered
in the context of other ERA sections that dramatically reduce the recall petition
signature requirement and permit no reimbursement to officers who are not
recalled. Note that Amendment 12 contains no requirement that a judge's recall
be based on improper conduct in office. Thus, judges could be recalled over
politically unpopular decisions that are entirely proper legally, such as decisions
protecting the free speech rights of disfavored political minorities. Existing
constitutional provisions already require periodic elections on retention of judges
and permit discipline or removal of judges for, among other things, intemperance,
willful misconduct or failure to perform duties .
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Mandated Delavs and Limitation on Emergencv Enactments
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Only six dis tri c t measures adopted in any calendar year may take effect
immediately on adoption as "emergencies." All other measures are subject co the
requirement that "[s]tate measures open to referendum petition take effect no
sooner than 91 da ys after that ge:ieral assembly session finally adj ourns , and such
local measures no sooner than 9 1 days after final publication." In an emergency
situation , j urisd ictions pass numerous, statutes or ordinances that take effect
immediate ly to address all manner of circumstances as they arise. What happens
once a j urisd ic ti on exhausts its six emergency authorizations?
The limitation that ordinances may not take affect until (in essence) three months
after adoption will, in itself, dramatically impair elected officials ' ability to
respond promptly to the wishes of their constituents. Funher, the 91 day delay
in e ffective dates should be considered in conjunction with the provision (also in
Section (6)(b ) of the amendment) that "[a] petition with the required number of
signatures fil ed before the 9lst day delays the effective date until the election or
a fi nal dec ision of petition insufficiency." Since the amendment effectively limits
elections on any ballot issue to the biennial local election date, the state general
election date and the first Tuesday in November of odd-numbered years, the
amendment will enable 5 % of the registered electors in a jurisdiction (a very
small actual number in many communities) to use the referendum process to
prevent an ordinance from taking effect for up to a year and three months .
Assume, for example, that the effective date for a vicious dog ordinance in a
statutory city is delayed for 91 days following publication, pursuant to the
requirements of Amendment 12. If a referendum petition is filed by the local pit
bull advocacy group on the 91st day after publication, and that day occurs shortly
before or after the city's odd-year November election, the ordinance could not
take effect until after the November election in the following vea.r. By contrast,
present statutory municipal ordinance referendum procedures provide that a non-
emergency ordinance takes effect 30 days after passage and publication, unless .
a referendum petition is submitted within that time. If a petition is submitted, the
ordinance is suspended from taking effect and the governing body reconsiders its
action in adopting the ordinance. If the ordinance is not repealed, the governing
body will submit the ordinance to voters at an election held not less than 60, nor
more than 150 days after the date on which the petition is filed.
Calcification of Petition Laws and Measures Adopted or Reiected at an Election
* Changes in state petition laws or regulations adopted after 1988 without voter
approval are repealed. This broad provision would repeal substantial amendments
to the state 's in i tiative and referendum statutes made since 1988, primarily in
1989 and 1993 . For example , repealed statutes prohibit a person from knowingly
signing more than one municipal petition for the same issue, signing a false name
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to a municipal petition, or knowingly signing a municipal petition when one is not
a registered voter of the municipality.
"Unless adopted as non-emergency measures within 90 days after the election
approving this section , future state or local petition law or regulation changes
require advance voter approval." This provision will r equire voter approval (and
the attendant taxpayer expense) for even the most technical and mundane changes
to initiative, referendum or recall procedures.
"Unless allowed therein, pa.st or future voter-approved petitions shall not hereafter
be amended, superseded, or repealed by elected offic ials." This provision could
dramatically limit the opponunity governments have traditionally had to "flesh-
out" ambiguities or omissions in voter approved measures.
The amendment provides that 11 measures or parts of measures 11 that have been
rejected by voters may be fully or partially readopted only with voter approval.
Miscellaneous Provisions
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The amendment mandates that "[t]he 1988 state petition forms shall be used" in
connection with any local district petition process, unless changed by district
voters. As I am unaware of any 1988 state ~ form, it is unclear what sort
of recall form would be utilized at the local government level, should ERA be
adopted. ·
The amendment provides that moving within a county shall not alter voter
registration status. Does this mean that when a voter moves from, for example,
one municipality to another in Jefferson County,· that voter's registration status
as an elector in their municipality of origin may not be changed? This provision
could wreak havoc with use of voter registration in the administration of elections
as a means to avoid fraud.
•Any non-judicial district employee or elected official who willfully violates any
petitioner right that is provided in [Subsection (6) of the ERA] shall be liable
personally to the petition campaign committee fo r $5,000, as enforced in
[Subsection-(!) and (5)(d) of ERA]." Note that Subsection (5)(d) prohibits "legal
aid with district funds" to anyone alleged to have violated ERA .
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Te..xt of Amendment 12 -Ele<:tion Reform Amendment
Be it Enacted by the People of the St.ate of Colorado:
Article Yil, Section 2
Election Reform. (1) General provisions. The required application of this section shall re3SOnably strengthen citizen control of
the most. All provisions are self~xecuting and severable and supersede conflicting state constitutional, state statutory, charter, 0
or local provisions. Individual, class action. or district enforcement suits may be filed within 3 years of an event. Factual issue::
to a jury trial. Successful plaintiffs are allowed costs and re:isonable attorney fees, but a defendant is not uniess a suit be rulec
(2) Term definitions. (a) "Ballot issue" means ANY pending state or local referred measure or non-recall petition as soor
title is initially set; and on ANY S!JB.IECT OR SUBJECTS WHATSOEVER for purposes of this section and Article X, Sec:
Within this section:
(b) "Ballot title" means all language on a state or local ballot describing the contents of a specific ballot issue.
(c) "Compensation" means the district cost in salary, payroll fringe benefits, expense and travel accounts, and any cash
and reimbursements to an elected official.
(d) "District" means the state or any local government, including enterprises, authorities, and all its other activities.
(e) "Donation• includes cash or cash equivalents, loan.s, or substitute purchases, but not contribution.sin kind or services .
(f) "Elected official• means a state or local non-judicial officer elected, appointed, or succeeding to an elective office.
(g) "Petition• means an initiative, referendum, or recall process, measure, or signature document, as the context may she
(b) "Political party" means any group that nominates ballot candidates •
(3) Pay raises. Compensation changed after 1994 may exceed its 1988 level only by district voter approval, or by inilt
defined in Article X, Section 20, after 1994. Compensation first set, or voter-approved, from 1989 through 1994 shall use that le
year as a base. A governing body shall use its combined compensation. Without future di.strict voter approval, di!trict pensiom fo r
officials shall not include service after their current term. and any non-pension compensation partly or fully exempt from state-or
income tax shall end with their current term unless required by federal law.
(4) Campaign contributions. (a) New local, state,· or federal campaign committees may pledge to the 9eCT'etary of state
donations only from human beings. An unmarried human being, or married human beings filing a joint federal income tax retun:
receive a state income tax credit for tho lesser sum of SlOO or total annual cash iifts to all such pledginr committees. For married ·
beings filing separately, the upper limit is $50. This credit shall not carry over to other tax years or exceed income tax liability. I
be. listed on ail future state income tax returns and adjust yearly for inflation or more.
(b) District candidates or elected officials or their campaign committees shall not aceept any donation with a retail value ov•
per calendar year per donor from any utility with rates or service regulated by that district, from any group receiving over S % of its r
gross receipts from that district, or from a business group, corporation, employee group, union, political action committee other
political party, or paid lobbyist who is not a relative. ·
(S) Election protections. (a) No districts shall belong or donate, directly or in.directly, to iay organization of districts or di
employec3 that hereafter uses its n.amc, or its paid employee time, material, mailings, or other resources with a retail valuer over $5
calendar yeJlt, to support or oppose, or to create or distribute material discussing, a ballot issue.
(b) No elected official or district employee shall use district paid employee time, material, mailings, or other l'C$)W'CeS with a
value over S50 per calendar year to create or distribute material discussing a ballot issue, except for election or judicial processes or no t
for public meeting facility costs, or for legal duties other than ballot issue analysis.
(c) No elected official shall vote for any district statement referring directly or indirectly to a ballot issue •
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(d) E:ich willful violator of (4)(b) or (5) is liable for $5000 each to the district and to opposing campaign comn:
and jointly and severally liable to both for the retail value of district costs, savings by use of district resources, and illegal de
shall withhold half of their net payments and refunds to violators until all amounts are paid with 10 % annual simple ir··
repayment or legal aid with district funds is also a violation. Penalties are mandatory and not suspendable. Obeyi.n;_ F
official is no defense, nor is ignorance of this law.
(6) Petition prote<:tions. (a) The right to petition peaceably on district~wned property in a place then open to th e
be infringed. Petition powers shall apply in all districts as to district matters. Required qistrict re~istered elector petitioc
not exceed 5 % of the numoer of district votes for all candidates for secretary of state :...~ the last :='.<!Ction for that office, e;-;
signarures shall not exceed 8 % in a represented area. Justices and judges may be rec:iiled, wh i;il would bar any furure j
All .-ecall ballots shall allow 250 words each for petitioners and the official. No official shall undergo more than one recall el
but districts shall make no campaign reimbursement . Petitions may be filed up to 9 months after district delivery of printed
non-recall petitions shall be filed by 3 months _before the election. Valid state or local non-recall petitions filed after a pre-e.
shall be voted on in the following ballot issue dection. Petition ballot titles shall not exceed 75 words. Initiative petition bal.
shall allow public comment, be held within 7 days of a request, and end within 24 houn, but shall set no summary or fina.;
After 5 days public notice, any state district court may set a petition ballot title. Initiative petition ballot titles may be appealed
court within 5 days, and shall be decided within 10 days more. Districts shall print and deliver petitions at their expense withi
final title setting in a quantity allowing at least rwice the minimum number of required signers. Petitions sh.a.ll not be affected b'
in petition form, content, or ballot titles. Petitioners may also print petitions. No petitioner identity cards, badges, licensing:
shall be req\1ired. Paid and unpaid petitions shall be treated the same.
(b) Ohly 6 district measures adopted in any calendar year without voter approval may be excepted as emergencies frt
referendum petition. A 2/3 majority vote of the members of each house of the general assembly or of the local district board
each exception necessary for the i=ediate preservation of the public peace, health, or safety. Appropriations for district
maintenance are exempt from referendum petitions. No measure shall be fully or partly re-adopted, even with an exc..-p t
referendum petition on it is in progress. State mcasure3 open to a referendum petition take effect no sooner than 91 days after
assembly session finally adjourns, and such local measures no sooner than 91 days after final publication. A petition with the requ
of signatures filed before the 9Ist day delays the effective date until the election or a final decision of petition insufficiency. :
parts of measures rejected by voters may be fully or partly re-adopted only with voter approval. Referendum petition ballot title:.
"SHALL (DISPUTED SECTIONS OF) (type of measure and number only) BE APPROVED?· Such ballot titles are not Sil.
hearings or appeal. ·
(c) The 1988 state petition forms shall be used in all districts unless changed by district voters. Invalid entries may be c
by signers or petitioners and do not taint valid ones. Entry of the year signed is not required, nor is a listing such as street .
apartment, compass direction, Postal Zip code, county, or in.le color. Electors whose registntioa record lists a mailing address m:
address on a petition. Moving within a county does not alter registration · status. Affidavit errors, initials, nicb•mes, abb·
reproduction marks, and address or other variances shall be liberally construed to aid petitions. No petition shall be renumbem.
a private party protest, entries or petitions may be found invalid only if itemized with 10 days after petition filing and only if invaJi
face. Private party protests sh.a.ll be itemized and filed within 10 days after petition filing. Other entries or petitions may then
invalid only at a public hearing using judicial rules of evidence and procedure and held to the reasons itemized in the protest. w l
not be amended.. Districts and protesters have the burdens of production and proof beyond a reasonable doubt. A fERSON SIG
PETITTON LATER VERIFIED OR NOTARIZED IS PRESUMED TO BE A REGISTERED ELECTOR WHOSE EN"TRY IS
UNTIL DISPROVEN. Results of any random sampling or machine reading of entries, or of any district research after a protest
such protest, are inadmissible. Petitioners or their agents shall be charged no fee or bond for any proct!Ss, requirement, or doc:umei:
to their petition; nor for district documents or data, to be provided within two district business days of a written request, that may helI
any invalidated entry or petition. Findings shall issue within 10 days after a protest filing. On appeal, to .be filed within S days after
issue, a state district court shall promptly hold a new trial, by jury if not waived, under the same standards. Verdicts may be &PF
the supreme court within 5 days, and shall be decided within 15 days more. Unless lacking enough entries or petitions valid on th
or for gross fraud, petitioners have up to 10 days after the final decision to file corrections and new entries or petitions signed at an
to which this process shall apply. Petitions stay on the ballot during this process. A third petition filing u barred. Validated petitio·
receive a ballot number at once. Voter-approved petitions take effect unless the text of the measure be unlawful. Tune limits in
jurisdictional, but shall extend to expire only on a district business day. Any non-judicial district employee or elected official who~
violates any petitioner right that is provided in (6) shall be liable personally to the petition campaign committee for $SOOO"a.s enforccc
and (S)(d).
(d) Referred measures to amend, supersede, or repeal any petitioned constitutional or charter amendment require a 4/5 •. rit.
of the members of each house of the generai assembly or of the local district board. No poll or survey result is admissible in ha
to or application of any voter-approved petition. Changes in state petition laws or regulations adopted after 1988 without voter approv
hereby repealed. State petition laws in 1988 are restored only if consistent with this section and the state and federal constirutions. C
adopted as non-emergency measures within 90 days after the election approving this section, future state or local petition law or regu
changes require advance voter approval. Unles! allowt.:d therein, past or furure voter-approved petitions shall not hereafter be amet
superseded, or repealed by dected officials.
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