Understanding Colorado Ballot Measures: Constitutional Amendments, Legislative Referrals, and State Statute Changes Explained

As we mentioned yesterday, voters in Colorado have a big, long, cluttered ballot being mailed to them beginning October 11. Understanding the nuances between different types of ballot measures is essential for engaging in the state’s democratic processes. And engaging in the democratic process is what citizens do. Oops, we got a little preachy there for a minute.

In Colorado, the state legislature can shirk its responsibility (oops, our bias showed) and refer measures directly to the voters. Voters may also do an end run on our constitutional republican form of government (bias, again) and go straight to a direct democracy (which we’re not) by petitioning measures on to the ballot. One day when we’re really bored, we’ll write an explainer for how that process is done. (Wait, we’ve already been that bored.)

Here’s a breakdown of the key differences between a measure that amends the state constitution, a question referred by the state legislature, and a measure amending state statute.

Constitutional Amendments
These amendments can either be initiated by citizens or referred by the state legislature. When initiated by citizens, they require the collection of signatures amounting to 5% of the total votes cast for the Secretary of State in the last election. For legislatively referred amendments, a two-thirds majority vote in both chambers of the Colorado General Assembly is necessary to place the amendment on the ballot. Notably, any constitutional amendment requires a 55% supermajority vote to be enacted, unless it solely removes language from the constitution, in which case a simple majority suffices. Once passed, these amendments become a permanent part of the Colorado Constitution, reflecting significant and lasting changes (Ballotpedia).

Legislatively Referred State Statutes
These statutes are proposed laws that the state legislature puts to voters for approval. Unlike constitutional amendments, these only require a simple majority in both legislative chambers to be referred to the ballot. Once voters approve them, they become state law but not part of the constitution. This allows for more flexibility, as they can be amended or repealed by the legislature or through subsequent ballot measures. These measures provide a way for the legislature to gauge public opinion on specific issues (Ballotpedia).

State Statute Amendments
These are laws initiated by citizens through the collection of signatures, similar to constitutional amendments, but they do not require as extensive a process to alter later. A successful petition must gather signatures equal to 5% of the votes cast for the Secretary of State in the last general election. Once on the ballot, they need a simple majority to pass. These amendments allow citizens to directly influence state law and offer a more dynamic approach to legal changes, as they can be overturned or modified by the legislature or future ballot initiatives (Ballotpedia).

Understanding these distinctions is crucial for Colorado residents who wish to participate actively in shaping their state’s laws and policies. Each type of measure serves a unique function within the framework in our Constitutional Republic, offering multiple pathways for change and public involvement.

If you’re registered to vote (and it’s too late to register for the 2024 general election now – sorry, Charlie), you should have received the Blue Book in the mail. If you threw it away thinking it was blue junk mail, HERE is an online copy. Join us over the next week as we offer objective analysis of each measure in the Blue Book and then offer our own two-cents’ worth on each measure, i.e. we’ll through objectivity out the window and tell you how we’re voting.

It all will be linked at our initial post about this year’s ballot HERE. Good look, citizens, we’re going to need it.