Wednesday, October 19, 2016

Amendment 71 – Increase Thresholds for Petitioners to Amend the Constitution

The last time CO voters saw reforms to the citizen initiative process was on the 2008 ballot. That year voters rejected Referendum O (though this blog recommended a yes vote). Recently “Building a Better Colorado” has successfully revived the issue.

Petition signature requirements would remain the same for proposed statutory changes. For constitutional changes,
1) the number of votes to pass the initiative would increase from a simple majority to 55% of the votes cast unless the amendment is solely repealing part of the existing constitution, and
2) the number of petition signatures required would go from 5% of all the votes cast for Secretary of State candidates in the previous election to 2% of the registered voters who reside in each state senate district.

Note that although the percentage number decreases from 5 to 2, there are more registered voters than votes cast for any particular office. For instance, in Boulder County 5% of the 2014 Sec of State votes cast is 6,772 and 2% of the registered voters is 5,050.

After 2 initiatives to limit fracking did not get enough signatures to make the ballot, this ballot issue has become a proxy fight between their supporters and the oil and gas industry.

Amendment 71 would amend Article V, Section 1 and Article XIX, Section 2 of the constitution.

Recommendation: no/against

The initiative process is not the citizen-grassroots effort some may imagine, but rather a very expensive process often involving powerful special interests. Requiring a number of signatures from each senate district will make the process even more expensive and less of a grassroots effort.

Currently, petitions ask voters to name their county. Everyone knows their county, but many people don’t know their senate district. Will the petitions ask for the senate district? In counties such as Boulder with multiple senate districts, this adds extra complexity. If the voter doesn’t know the senate district, would the petitioners have to get that data or would it be the responsibility of the Secretary of State’s office? If Building a Better Colorado wants to ensure votes are collected from a wider geographic area, it would make more sense to use county boundaries or groups of counties, perhaps similar to Colorado’s 22 judicial districts.

I’m in favor of making it more difficult to change the constitution when a statutory change could achieve the same goal though opponents of Amendment 71 will remind people that in 1996 Colorado voters approved Amendment 15 (Colorado Campaign Finance Act) which was a statutory change, only to later have its provisions weakened by the legislature. In response, people gathered enough signatures to get Amendment 27, a constitutional change, on the ballot.

It should be more difficult to add completely new sections to the constitution while not increasing the difficulty of removing items from the constitution, but I’d prefer just the higher vote threshold, not the new geographic signature requirements. This initiative would make it more difficult to get an issue on the ballot that would fix language already in the constitution.

Website for the Yes Side (Raise the Bar—Protect the Constitution)
http://raisethebarco.com/
Building a Better Colorado collected signatures to put this charter amendment on the ballot.
http://www.betterco.org/

Website for the No Side (Raise the Rafters—Vote No on 71!)
http://voteno71.org/
Be the Change USA has a list of reasons to oppose 71.
http://btc-usa.net/no-on-amendment-71/amendment-71-the-corporately-financed-initiative-designed-to-eliminate-the-citizens-right-to-initiative/


Approved Ballot Language

Amendment 71 (CONSTITUTIONAL)

Shall there be an amendment to the Colorado constitution making it more difficult to amend the Colorado constitution by requiring that any petition for a citizen-initiated constitutional amendment be signed by at least two percent of the registered electors who reside in each state senate district for the amendment to be placed on the ballot and increasing the percentage of votes needed to pass any proposed constitutional amendment from a majority to at least fifty-five percent of the votes cast, unless the proposed constitutional amendment only repeals, in whole or in part, any provision of the constitution?

YES/FOR _______
NO/AGAINST _________

Amendment 71 initiative language filed with the Secretary of State
http://www.sos.state.co.us/pubs/elections/Initiatives/titleBoard/filings/2015-2016/96Final.pdf

1 comment:

  1. This comment has been removed by a blog administrator.

    ReplyDelete

Thanks for your comments. Please only make comments that add to a fruitful discussion.