Amendment 76 – Change CO Constitution Paragraph on Voting Eligibility from “Every Citizen” to “Only a Citizen”

Article VII, Section 1 of the Colorado Constitution states, “Every citizen of the United States who has attained the age of eighteen years, has resided in this state for such time as may be prescribed by law, and has been duly registered as a voter if required by law shall be qualified to vote at all elections.

The proposed language – changing “every citizen” to “only a citizen” – would prohibit expanding the right to vote to anyone not meeting the specified requirements. For instance, the CO legislature allowed 17-year-old citizens who would be 18 in the general election to vote in this year’s primary. Passing Amendment 76 would take away that newfound right.

Home-rule charters currently allow some non-resident property owners to vote in local elections. The Blue Book notes that “ultimately the courts may have to decide how the measure is applied to election in home rule cities and towns.”

Although the US Constitution lacks an affirmative right to vote, it forbids denying the right based on membership in certain groups, e.g., former slaves and women. There is no constitutional provision prohibiting noncitizens from voting. However, since 1996, federal law has prohibited noncitizens from voting in federal elections, and no state currently allows noncitizens to vote in state elections.

The US has a long history of legal, noncitizen voting that continues to this day. San Francisco allows a “parent, legal guardian or legally recognized caregiver of a child living in the San Francisco Unified School District to vote for members of the Board of Education" and about a dozen Maryland municipalities allow noncitizens to vote in local elections.

In 2013 the city of Boulder electorate passed 2G allowing city council to appoint noncitizens as members of city commissions.

Recommendation: NO/AGAINST

This mean-spirited disenfranchisement effort uses fear of immigrants and ignorance of current laws to take away a newfound right of almost-18-year-olds and to limit possible future expansion of voting across Colorado.

Website for the Yes side – Colorado Citizen Voters
https://www.coloradocitizenvoters.com/

Website for the No side – Campaign for Real Election Protection
https://votenoon76.com/


Approved Ballot Language

Amendment 76 (CONSTITUTIONAL)

Shall there be an amendment to the Colorado constitution requiring that to be qualified to vote at any election an individual must be a United States citizen?

YES/FOR ____
NO/AGAINST ____

Amendment 76 initiative language filed with the Secretary of State
https://www.sos.state.co.us/pubs/elections/Initiatives/titleBoard/filings/2019-2020/76Final.pdf