Vote on the Ballot Issues!

The last time we had as many ballot issues as this year was 2008, a presidential year. I hope you vote in this year’s “midterm” election – for our top state offices, this is not a midterm election – and that this blog helps inform your decisions on the ballot issues.

The path to the ballot varied quite a bit this year from previous years. The higher signature requirement imposed by Amendment 71 after its passage in 2016 forced Prop 112 and perhaps other citizen initiatives to go the statutory route rather than the constitutional route, dueling sides eventually compromised on redistricting measures Y and Z, and in Boulder the Campaign Finance/Elections Working Group proposed 3 ballot issues affecting the initiative process.

Ballots issues to “clean up” the state constitution or city charter include Amendments W, X and A, and city of Boulder ballot issues 2E, 2F and arguably 2I. Oil and gas development are big factors in Amendment 74 (even if not mentioned), Prop 112, and City of Boulder 2C. Meanwhile, Propositions 109 and 110 are dueling transportation issues.

Of the 22 ballot issues, about 1/3 – the seven listed below – are tax or debt issues, and Amendments 74 and 75 and Proposition 111 involve other money issues – “takings,” campaign contributions and payday loans.

Sales Tax
  Prop 110 - 0.62% for 20 years
  County 1A – 0.185% 5-year extension

Graduated Income Tax and Freezing of Property Tax
  Amendment 73

Take on Debt Without a Repayment Source
  Prop 109

Future (?) “Disincentive Tax” on Oil and Gas Development
  City 2C

Remove TABOR Restrictions
  City 2D
  Urban Drainage and Flood Control District 7G

Each of the 22 ballot issues has its own post if you'd like more information or if you would like to make comments about the specific ballot issue. Please limit comments on this introductory post to general comments about the process or the election.

In general, the further down the ballot you go, the more your vote counts! Please research the issues and candidates and vote the entire ballot. Encourage your family, friends, neighbors, colleagues and anyone else eligible to vote to do likewise.

At the bottom of this blog entry are other ballot issue websites as well as a link to the Boulder County Clerk’s website. The links will be updated as more information becomes available.

Remember that in Colorado you can register and vote as late as Election Day, Tuesday, November 6th. If you are already registered, you have probably already received your ballot in the mail. Contact your County Clerk for more information.


VOCABULARY - STATE OF COLORADO

Amendment = Constitutional change
Amendments can only be changed by a vote, usually 55%, of the electorate.

Proposition = Statutory change
Propositions can be modified by the Colorado General Assembly.


Initiatives - denoted by numbers
Electors signed petitions to put these on the ballot.

Referenda - denoted by letters (state) or a number and letter (county, city, BVSD, SCFD)
The governing legislative body (General Assembly, County Commission, City Council, or District Board) put these on the ballot.


VOCABULARY – OTHER JURISDICTIONS

Ballot Issues = Tax measures
Ballot Questions = Others


STATE OF COLORADO

Amendment V
Lower Age Requirement for Members of the General Assembly
YES/FOR

Amendment W
Election Ballot Format for Judicial Retention Elections
yes/for

Amendment X
Industrial Hemp Definition
YES/FOR

Amendment Y
Congressional Redistricting
yes/for

Amendment Z
Legislative Redistricting
yes/for

Amendment A - simple majority req'd for passage
Prohibit Slavery and Involuntary Servitude
YES/FOR

Amendment 73
Funding for Public Schools
yes/for

Amendment 74
Compensation for Fair Market Value Reduction by Govt Law or Regulation
NO/AGAINST

Amendment 75
Increasing Campaign Contribution Limits When Opponent Self Funds $1M
no/against

Proposition 109
Authorize Debt to Fund Highway Projects
NO/AGAINST

Proposition 110
20-Year Sales Tax for Transportation Projects
leaning no/against

Proposition 111
Limitations on Payday Loans
YES/FOR

Proposition 112
Increased Setback Requirement for Oil and Gas Development
yes/for


COUNTY OF BOULDER

County of Boulder Issue 1A
Alternative Sentencing Facility and Jail Modernization Countywide Sales and Use Tax Extension
leaning yes


CITY OF BOULDER

City of Boulder Issue 2C
Oil and Gas Pollution Tax
leaning for the measure

City of Boulder Issue 2D
Retain Sugar-Sweetened Beverages Tax Revenue
FOR THE MEASURE

City of Boulder Question 2E
Initiative, Referendum and Recall Processes
for the measure

City of Boulder Question 2F
Initiative Petition Signature Verification
for the measure

City of Boulder Question 2G
Electronic and Online Petitions
for the measure

City of Boulder Question 2H
Membership of Advisory Commissions
leaning for the measure

City of Boulder Question 2I
Deadline for Planning Dept Budget Recommendations
leaning for the measure


URBAN DRAINAGE AND FLOOD CONTROL DISTRICT

Urban Drainage and Flood Control District Issue 7G
Remove TABOR Restrictions
YES/FOR


GOVERNMENT SITES

Colorado Secretary of State
http://govotecolorado.com or
http://www.sos.state.co.us/
See your sample ballot including candidates, judges and ballot issues.

Boulder County Clerk and Recorder – Elections Division
https://www.bouldercounty.org/elections/
Check your voter registration where you can see a sample ballot, check your ballot status, find a ballot drop-off location, sign up for Ballot Track and more. You may also contact the Elections Division at 303 413 7740. You can register in person and vote a ballot through Election Day, Tuesday, November 6th.

Blue Book Online (Colorado Legislative Council)
https://leg.colorado.gov/content/initiatives/initiatives-blue-book-overview/ballot-information-booklet-blue-book
The real name of the Blue Book is the 2018 State Ballot Information Booklet – available in English and Spanish. The website also has the following link to a page listing all the state ballot issues dating back to 1880.
http://www.leg.state.co.us/lcs/ballothistory.nsf/

County of Boulder 2018 Ballot Issues and Measures
https://www.bouldercounty.org/government/county-ballot-issues/2018-election/

City of Boulder 2018 Election Webpage
https://bouldercolorado.gov/elections

CO Office of Judicial Performance Evaluation
http://www.coloradojudicialperformance.gov/
From the site: One change you should be aware of is Commissions now determine if a judge “meets” or “does not meet” performance standards. In prior year evaluations Commissions recommended a judge be “retained” or “not retained.”
– Judicial performance information is also available in the Blue Book.


MEDIA SITES

5280 Election Page
https://www.5280.com/2018/10/colorado-ballot-2018-what-every-voter-should-know/

Boulder Weekly Election Guide 2018
https://www.boulderweekly.com/content-archives/voters-guide/vote-guide-2018/vote-guide-2018/

Colorado Politics Election Page
https://coloradopolitics.com/category/election-2018/

Daily Camera Election Page
http://www.dailycamera.com/colorado-election-news

Denver Post Election Page
https://www.denverpost.com/tag/election-2018/

303 Magazine Election Page
https://303magazine.com/2018/10/colorado-ballot-guide-2018/

The Colorado Independent Election Page
https://www.coloradoindependent.com/colorado-election-2018/

The Coloradoan Election Page
https://www.coloradoan.com/story/news/politics/elections/2018/10/12/guide-2018-colorado-election-colorado-governor-congress-ballot-issues-and-more/1576531002/

Denverite Election Page
https://denverite.com/2018/08/17/colorado-election-2018/

Colorado Public Radio Election Page
https://www.cpr.org/news/story/2018-election-colorado-voter-guide

KGNU Radio Election Page
http://news.kgnu.org/category/elections/

Channel 9 News Election Page
https://www.9news.com/article/news/politics/voter-guide/voter-guide-2018-everything-you-need-to-know-about-the-upcoming-colorado-election/73-602151174

Fox 31 News Election Page
https://kdvr.com/2018/10/15/the-problem-solvers-guide-to-2018-colorado-election/

Rocky Mountain PBS Election Page
http://www.rmpbs.org/insight/2018-elections/


NON-PARTISAN SITES

Ballotpedia
https://ballotpedia.org/Colorado_2018_ballot_measures
Entries for individual ballot measures list supporters and opponents, campaign finance information and more.

League of Women Voters
Boulder County - https://lwvbc.clubexpress.com/content.aspx?page_id=22&club_id=629866&module_id=318120
Colorado (English and Spanish) - http://lwvcolorado.org/lwv/elections/

New Era Colorado
http://neweravoterguide.org/voter-guides/statewide/


ADVOCACY ORGANIZATION SITES

Boulder Chamber of Commerce
https://boulderchamber.com/business-advocacy/eye-ballot/

Bell Policy Center
http://www.bellpolicy.org/2018/09/19/2018-colorado-ballot-guide/

Conservation Colorado
https://conservationco.org/voter-guide-2018/

Common Cause of Colorado
https://www.commoncause.org/colorado/democracy-wire/2018-ballot-initiatives/


CITIZEN SITES

Jason Vogel (Boulder citizen)
https://mailchi.mp/49e1ea45f5db/jason-vogels-guide-to-the-2018-elections?e=37c54a5751

Douglas Bruce (author of TABOR)
https://www.westword.com/news/douglas-bruces-2018-voters-guide-for-thirteen-colorado-ballot-issues-10808805

Ross Kaminsky (on 630 KHOW Radio)
https://khow.iheart.com/featured/ross-kaminsky/content/2018-09-24-rosss-2018-colorado-ballot-measures-voting-guide/

Mike Rosen (Complete Colorado)
https://pagetwo.completecolorado.com/2018/10/17/mike-rosen-my-picks-for-the-2018-colorado-ballot-measures/

Amendment V – Lower Age Requirement for Members of the General Assembly

Section 4 of Article V of the Colorado Constitution sets the minimum age for serving in the state legislature (aka the General Assembly) at 25 years. Amendment V would change the minimum age to 21 years and would change the male-only pronouns to male and female pronouns.

Amendment V was referred by the 2017 session of the General Assembly to be placed on the 2018 general election ballot, but almost 1/3 of the state representatives and just over 1/6 of the state senators voted against putting in on the ballot.

Recommendation: YES/FOR

Allowing younger people to run for office doesn’t guarantee that they will get elected, but it might increase turnout, enthusiasm and civic awareness among younger voters. And if the voters want to recruit and elect a younger person, this change would give the voters that option.

Facebook page for the Yes Side – Let Coloradans Serve
https://www.facebook.com/LetCoServe/

Website for the No Side
No known website – Info on an opponents’ website appreciated.


Approved Ballot Language

Amendment V (CONSTITUTIONAL)

Shall there be an amendment to the Colorado constitution concerning a reduction in the age qualification for a member of the general assembly from twenty-five years to twenty-one years?

YES/FOR _______
NO/AGAINST _________

SCR 17-001 to refer Amendment V to the voters
http://leg.colorado.gov/sites/default/files/initiative%2520referendum_vfinal.pdf

Amendment W – Election Ballot Format for Judicial Retention Elections

In Section 25 of Article VI, the Colorado constitution spells out the ballot language format for judicial retention elections, requiring a separate retention question for each judge on the ballot. Amendment W proposes consolidating judges for the same court under one retention question. Each judge would continue to have their own Yes / No next to or under their name – one question, but separate places to vote on whether or not to retain each judge.

HCR 18-1001 passed both houses of the legislature unanimously with two members excused. County clerks favor the more efficient use of ballot space.

Recommendation: yes/for

I would have preferred that Amendment W extract the ballot format language from the constitution and put it into statute.

The judicial retention questions take up a large portion of the current ballot but rarely generate much interest within the electorate. There may be some psychological attitude shifts among voters if judges are grouped together, or there may be an increased chance of accidentally marking the incorrect line. These effects seem minimal.

Website for the Yes Side
No known website – Info on a supporters’ website appreciated.

Website for the No Side
No known website – Info on an opponents’ website appreciated.


Approved Ballot Language

Amendment W (CONSTITUTIONAL)

Shall there be an amendment to the Colorado constitution concerning a change in the format of the election ballot for judicial retention elections?

YES/FOR _______
NO/AGAINST _________

HCR 18-1001 to refer Amendment W to the voters
http://leg.colorado.gov/sites/default/files/initiative%2520referendum_wfinal.pdf

Amendment X – Industrial Hemp Definition

Amendment X would remove the current definition of industrial hemp from Article XVIII, Section 16 of the Colorado constitution and replace it with “as it is defined in federal law or as the term is defined in Colorado statute.” The current definition entered the Constitution via Amendment 64, passed by the voters in 2012.

Hemp and marijuana are both members of the Cannabis family, but they have very different uses. Marijuana is used as an intoxicating drug for medicinal or recreational purposes. Hemp contains negligible amounts of the marijuana chemical THC. Hemp is cultivated for its fiber, hurd (inner core of the stem) and seed. Hemp is used for a wide variety of purposes from construction to skin products to clothing to bedding to dietary supplements.

The US Senate version of the 2018 Farm Bill removes hemp from the Controlled Substances Act and legalizes growing hemp as an agricultural crop. Colorado hemp farmers may be at a competitive disadvantage if the state constitution has a lower limit on the percent of THC in hemp than the final version of the Farm Bill.

Recommendation: YES/FOR

The Colorado constitution is not the appropriate place to define industrial hemp, particularly if federal law would conflict with the Colorado definition. The Colorado constitution is the appropriate place to name the seat of government as in the 2010 Amendment Q.

Website for the Yes Side
No known website – Info on a supporters’ website appreciated.

Website for the No Side – Keep Hemp Legal
No known website – Info on an opponents’ website appreciated.


Approved Ballot Language

Amendment X (CONSTITUTIONAL)

Shall there be an amendment to the Colorado constitution concerning changing the industrial hemp definition from a constitutional definition to a statutory definition?

YES/FOR _______
NO/AGAINST _________

HCR 18-1001 to refer Amendment W to the voters
http://leg.colorado.gov/sites/default/files/initiative%2520referendum_xfinal.pdf

Amendment Y – Congressional Redistricting

Amendments Y and Z are the culmination of an extended effort to address gerrymandering in our state. At one point two different groups had dueling proposals, but the two sides each made compromises and joined forces. Amendments Y and Z were approved unanimously in both houses of the Colorado General Assembly.

Every ten years after the federal census, Colorado draws new congressional districts. Colorado is expected to gain one congressional seat after the 2020 census, going from 7 to 8 congressional districts.

Currently, the state legislature is responsible for drawing congressional district boundaries. The maps have landed in the courts in the previous 4 congressional redistricting.

Amendment Y would establish a 12-member citizen commission to draw congressional districts. The commission would be comprised of 4 members from each of the two largest political parties and 4 citizens who are unaffiliated. An emphasis on representation from all the current congressional districts is present throughout the commissioner selection and public hearing process.

Much of the Senate Concurrent Resolution to put Amendment Y on the ballot details the multi-step process for determining the commissioners. Individuals wishing to serve on the commission would submit a public application. After verifying that applicants meet the stated qualifications – such as not being a paid lobbyist – 300 names would be chosen randomly for each political party and 450 names of unaffiliated voters. A panel of three retired high-level CO judges would choose 50 candidates from each of the three groups, based on criteria such as being a good team player and having the ability to advocate. Half of the commission will be chosen by lot, 2 from each political party group. The majority and minority leaders in each house of the General Assembly would each nominate 10 names from the original applicant pool, and the panel of judges would choose one name from each legislative leader’s list, as well as two more unaffiliated citizens, to fill out the 12-member redistricting commission.

Nonpartisan commission staff would draw a preliminary redistricting map. Members of the public could also submit maps and provide testimony at the minimum 21 public hearings held across the state. At least 8 of the 12 commissioners would have to approve the final map. If no map gets such approval, a staff map would be submitted to the CO Supreme Court for review.

Recommendation: yes/for

Some people don’t think that Colorado, as a purple state, has a gerrymandering problem. Colorado is fairly well balanced in its congressional delegation and in both houses of the General Assembly. However, only a few of the districts are actually competitive. One of the criteria in Amendment Y, albeit low on the priority list, is to maximize politically competitive districts.

Having legislatures appoint members of the congressional redistricting commission is a much less cumbersome process than the one proposed in Amendment Y. The selection criteria in Amendment Y will restrict members of the commission to those who have had limited recent involvement in the partisan political process. Additionally, the four unaffiliated commissioners could present a wild card to the process.

In 2010 California used a similar selection process to name the members of the California Citizens Redistricting Commission and received 30,000 applicants. I’m skeptical that Colorado will receive 1,050 qualified applicants. I hope to be proven wrong.

Website for the Yes Side – Fair Maps Colorado
https://fairmapscolorado.com/

Website for the No Side
No known website – Info on an opponents’ website appreciated.


Approved Ballot Language

Amendment Y (CONSTITUTIONAL)

Shall there be an amendment to the Colorado constitution concerning a change to the way that congressional districts are drawn, and, in connection therewith, taking the duty to draw congressional districts away from the state legislature and giving it to an independent commission, composed of twelve citizens who possess specified qualifications; prohibiting any one political party's control of the commission by requiring that one-third of commissioners will not be affiliated with any political party, one-third of the commissioners will be affiliated with the state's largest political party, and one-third of the commissioners will be affiliated with the state's second largest political party; prohibiting certain persons, including professional lobbyists, federal campaign committee employees, and federal, state, and local elected officials, from serving on the commission; limiting judicial review of a map to a determination by the supreme court of whether the commission or its nonpartisan staff committed an abuse of discretion; requiring the commission to draw districts with a focus on communities of interest and political subdivisions, such as cities and counties, and then to maximize the number of competitive congressional seats to the extent possible; and prohibiting maps from being drawn to dilute the electoral influence of any racial or ethnic group or to protect any incumbent, any political candidate, or any political party?

YES/FOR _______
NO/AGAINST _________

SCR 18-004 to refer Amendment Y to the voters
http://leg.colorado.gov/sites/default/files/initiative%2520referendum_yfinal.pdf

Amendment Z – Legislative Redistricting

Amendments Z and Y are the culmination of an extended effort to address gerrymandering in our state. At one point two different groups had dueling proposals, but the two sides each made compromises and joined forces. Amendments Y and Z were approved unanimously in both houses of the Colorado General Assembly.

Every ten years after the federal census, Colorado draws new legislative districts. The General Assembly has 65 House districts and 35 Senate districts.

Currently, the Colorado Reapportionment Commission draws the legislative districts. The governor, legislative leaders and the chief justice of the CO supreme court appoint the 11 members of the commission. Up to 6 of the 11 members may be affiliated with the same political party.

Amendment Z, like Amendment Y, would establish a 12-member citizen commission to draw congressional districts. The commission would be comprised of 4 members from each of the two largest political parties and 4 citizens who are unaffiliated. An emphasis on representation from all the current congressional districts is present throughout the commissioner selection and public hearing process. A person could not serve on both the congressional and the legislative redistricting commissions.

Much of the Senate Concurrent Resolution to put Amendment Z on the ballot details the multi-step process for determining the commissioners. Individuals wishing to serve on the commission would submit a public application. After verifying that applicants meet the stated qualifications – such as not being a paid lobbyist – 300 names would be chosen randomly for each political party and 450 names of unaffiliated voters. A panel of three retired high-level CO judges would choose 50 candidates from each of the three groups, based on criteria such as being a good team player and having the ability to advocate. Half of the commission will be chosen by lot, 2 from each political party group. The majority and minority leaders in each house of the General Assembly would each nominate 10 names from the original applicant pool, and the panel of judges would choose one name from each legislative leader’s list, as well as two more unaffiliated citizens, to fill out the 12-member redistricting commission.

Nonpartisan commission staff would draw a preliminary redistricting map. Members of the public could also submit maps and provide testimony at the minimum 21 public hearings held across the state. At least 8 of the 12 commissioners would have to approve the final map. If no map gets such approval, a staff map would be submitted to the CO Supreme Court for review.

Recommendation: yes/for

Some people don’t think that Colorado, as a purple state, has a gerrymandering problem. Colorado is fairly well balanced in its congressional delegation and in both houses of the General Assembly. However, only a few of the districts are actually competitive. One of the criteria in Amendment Z, albeit low on the priority list, is to maximize politically competitive districts.

Having government leaders appoint members of the congressional redistricting commission is a much less cumbersome process than the one proposed in Amendment Z. The selection criteria in Amendment Z will restrict members of the commission to those who have had limited recent involvement in the partisan political process. Additionally, the four unaffiliated commissioners could present a wild card to the process.

In 2010 California used a similar selection process to name the members of the California Citizens Redistricting Commission and received 30,000 applicants. I’m skeptical that Colorado will receive 1,050 qualified applicants. I hope to be proven wrong.

Website for the Yes Side – Fair Maps Colorado
https://fairmapscolorado.com/

Website for the No Side
No known website – Info on an opponents’ website appreciated.


Approved Ballot Language

Amendment Z (CONSTITUTIONAL)

Shall there be an amendment to the Colorado constitution concerning a change to the manner in which state senate and state house of representatives districts are drawn, and, in connection therewith, reforming the existing legislative reapportionment commission by expanding the commission to twelve members and authorizing the appointment of members who possess specified qualifications; prohibiting any one political party's control of the commission by requiring that one-third of commissioners will not be affiliated with any political party, one-third of the commissioners will be affiliated with the state's largest political party, and one-third of the commissioners will be affiliated with the state's second largest political party; prohibiting certain persons, including professional lobbyists, federal campaign committee employees, and federal, state, and local elected officials, from serving on the commission; limiting judicial review of a map to a determination by the supreme court of whether the commission or its nonpartisan staff committed an abuse of discretion; requiring the commission to draw state legislative districts using communities of interest as well as political subdivisions, such as cities and counties, and then to maximize the number of competitive state legislative seats to the extent possible; and prohibiting maps from being drawn to dilute the electoral influence of any racial or ethnic group or to protect any incumbent, any political candidate, or any political party?

YES/FOR _______
NO/AGAINST _________

SCR 18-005 to refer Amendment Z to the voters
http://leg.colorado.gov/sites/default/files/initiative%2520referendum_zfinal.pdf

Amendment A – Prohibit Slavery and Involuntary Servitude

Amendment A would strike the following italicized words from Article II, Section 26 of the state constitution: "There shall never be in this state either slavery or involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted." The state constitution’s current text mirrors the language in the 13th Amendment to the US Constitution.

Amendment A’s effect on the constitution is identical to that of 2016’s Amendment T which voters rejected by a slim margin. This year, however, the question on the ballot – see below – was rewritten to be less confusing.

Constitutional changes require approval from the electorate. Once again unanimous votes in both chambers of the General Assembly (with 5 state representatives excused for the final vote) supported House Concurrent Resolution 18-1002 to place Amendment A on the ballot.

Recommendation: YES/FOR

This is another step in cleaning up archaic sections of the state constitution and an effort to have the state constitution reflect more humanitarian ideals.

Opponents contend that Amendment A would jeopardize offender work programs and might force communities to house offenders rather than offer them the opportunity to work off their sentence. Proponents dispute that claim, pointing to 23 states which have no constitutional language about slavery or involuntary servitude but still have work programs.

Website for the Yes Side (Abolish Slavery Colorado)
https://abolishslaveryco.org/

Website for the No Side
No known website – Info on an opponents’ website appreciated.


Approved Ballot Language

Amendment A (CONSTITUTIONAL)

Shall there be an amendment to the Colorado constitution that prohibits slavery and involuntary servitude as punishment for a crime and thereby prohibits slavery and involuntary servitude in all circumstances?

YES/FOR _______
NO/AGAINST _________

HCR 18-1002 to refer Amendment A to the voters
http://leg.colorado.gov/sites/default/files/documents/2018A/bills/2018a_hcr1002_01.pdf