Notice of Election to Increase Taxes on a R eferred M easure Statewide election day is Tuesday, November 7, 2006 Polling places open from 7 a.m. to 7 p.m. (Early Voting Begins October 23, 2006) A NA LYSIS OF T H E 2006 B A LLOT P R OP OSA LS Legislative Council of the Colorado General Assembly Research Publication No. 554 COLORADO GENERAL ASSEMBLY EXECUTIVE COMMITTEE COMMITTEE Rep. Andrew Romanoff, Chairman Sen. Peter Groff Sen. Joan Fitz-Gerald, Vice Chairman Sen. Steve Johnson Sen. Ken Gordon Sen. Nancy Spence Sen. Andy McElhany Sen. Ron Teck Rep. Alice Madden Sen. Ron Tupa Rep. Mike May Sen. Sue Windels Rep. Dorothy Butcher STAFF Rep. Bill Cadman Kirk Mlinek, Director Rep. Mike Cerbo Daniel Chapman, Assistant Director, Rep. Michael Garcia Administration LEGISLATIVE COUNCIL Rep. Ted Harvey Deborah Godshall, Assistant Director, Rep. Diane Hoppe Research ROOM 029 STATE CAPITOL DENVER, COLORADO 80203-1784 E-mail: [email protected] 303-866-3521 FAX: 303-866-3855 TDD: 303-866-3472 September 14, 2006 This booklet provides information on the fourteen statewide proposals on the November 7, 2006, ballot and on the judges that are on the ballot for retention in your area. The information is presented in three sections. The first section contains an analysis of each proposed change to the state constitution and state statute. It includes a description of each proposal and major arguments for and against the proposal. Careful consideration has been given to the arguments in an effort to fairly represent both sides of the issue. It also includes an estimate of the fiscal impact of each proposal. More information on the fiscal impact of the proposals can be found at http://www.coloradobluebook.com. The state constitution requires that the nonpartisan research staff of the General Assembly prepare these analyses and distribute them in a ballot information booklet to registered voter households. A proposal that is put on the ballot through the signature collection process is labeled an "Amendment," followed by a number. A proposal placed on the ballot by the state legislature is labeled a "Referendum," followed by a letter. Nine of the proposals on the ballot propose changes to the state constitution. Voter approval will be required in the future to change any constitutional proposals adopted by the voters, although the legislature may adopt statutes that clarify or implement these constitutional proposals as long they do not conflict with the constitution. The remaining five proposals change state statute. The state legislature, with the approval of the governor, may change any of these proposals in the future without voter approval. The first line of the analysis of each proposal indicates whether the proposal is a change to the constitution or to statute. The second section provides the title and the legal language of each proposal, including whether the proposal changes the constitution or statute. The legal language of the proposals shows new laws in capitalized letters and laws that are being repealed in strikeout type, with the exception of Amendments 38 and 42. These two proposals are new laws but are not in capitalized letters. The third section contains information about the performance of Colorado Court of Appeals and trial court judges who are on your ballot. Please note that no Colorado Supreme Court justices are standing for retention in 2006. The information was prepared by the state commission and district commissions on judicial performance. The profile for each judge includes a recommendation stated as "RETAIN," "DO NOT RETAIN," OR "NO OPINION." The booklet concludes with addresses and telephone numbers of local election officials. Your local election official can provide you with information on polling places, absentee ballots, and early voting. TABLE OF CONTENTS Amendment 38: Petitions . 1 Title and Text of Proposal . 27 Amendment 39: School District Spending Requirements . 5 Title and Text of Proposal . 28 Amendment 40: Term Limits for Supreme Court and Court of Appeals Judges . 7 Title and Text of Proposal . 29 Amendment 41: Standards of Conduct in Government . 9 Title and Text of Proposal . 30 Amendment 42: Colorado Minimum Wage . 11 Title and Text of Proposal . 34 Amendment 43: Marriage . 13 Title and Text of Proposal . 34 Amendment 44: Marijuana Possession . 14 Title and Text of Proposal . 34 Referendum E: Property Tax Reduction for Disabled Veterans . 15 Title and Text of Proposal . 35 Referendum F: Recall Deadlines . 17 Title and Text of Proposal . 36 Referendum G: Obsolete Constitutional Provisions . 19 Title and Text of Proposal . 37 Referendum H: Limiting a State Business Income Tax Deduction . 20 Title and Text of Proposal . 39 Referendum I: Domestic Partnerships . 22 Title and Text of Proposal . 40 Referendum J: School District Spending Requirements . 24 Title and Text of Proposal . 46 Referendum K: Immigration Lawsuit Against Federal Government . 26 Title and Text of Proposal . 51 Local Election Offices A YES vote on any ballot issue is a vote IN FAVOR OF changing current law or existing circumstances, and a NO vote on any ballot issue is a vote AGAINST changing current law or existing circumstances. ANALYSIS ANALYSIS Amendment 38 Petitions Amendment 38 proposes adding a new section to Article VII of the Colorado Constitution that: — expands the ability of citizens to propose changes to state and local laws; — modifies current procedures for proposing changes to laws; — limits governing bodies' ability to change, enact, or repeal measures proposed by citizens and decided by voters; and — limits the number of measures governing bodies may exempt from voter challenge. Summary and Analysis The Colorado Constitution currently provides two ways for citizens to propose changes to state, city, or town laws. In both processes, citizens collect a certain number of signatures on a petition to place a law change on the ballot. For one process, citizens propose a change that becomes law if voters approve it. For the second process, citizens challenge a law approved by elected officials. A challenged law takes effect only if voters approve it. Amendment 38 expands the ability of citizens to propose and challenge laws at all levels of state and local government, including school districts, counties, special districts, authorities, and other special purpose government entities. Amendment 38 also changes existing procedures for placing a measure on the ballot by petition and applies them to all levels of government. Amendment 38 does not affect measures that governing bodies refer to voters. Tables 1 through 3 summarize differences between current procedures and the proposal. While the tables reflect local procedures in state law, procedures may vary under city or town charters or by local ordinance. Table 1 — procedures related to ballot titles and petition signatures. Before proponents may begin collecting petition signatures, a ballot title for the measure must be set. A ballot title tells voters how the law will change if the measure passes. It appears on petition forms and on the ballot. A certain number of signatures of registered Colorado voters must be collected to place a measure on the ballot. The signatures are counted and verified, and any protests are resolved, before the measure appears on the ballot. Table 1: Procedures Related to Ballot Titles and Petition Signatures Current Process for State, City, Amendment 38 Process Issue and Town Governments for All Governments Is the length of a ballot title State - Must be brief; Yes, 75 words limited? Municipal - No limit How are ballot title disputes State – The title is reconsidered by a The Supreme Court finally resolved? three-member title board, then appealed decides all title disputes within to the Supreme Court. 7 days of filing; no other Municipal – The process is established appeals are allowed. at the local level and disputes are appealed through the courts. How many signatures are State – 5 percent of votes cast for Not more than 5 percent of required to place a measure on secretary of state in the last general votes cast in the state or local the ballot? election, including vacancy elections; government for secretary of Municipal – Between 5 and 15 percent state in the last full-term of registered electors general election for the office Amendment 38: Petitions ...................................................................1 Current Process for State, City, Amendment 38 Process Issue and Town Governments for All Governments How are petitions verified to Signatures are counted and verified Signatures are counted. place a measure on the ballot? against voter registration files using Protests may be filed. An random sampling or a check of each individual signature that is signature to ensure the signer is a protested and proven invalid registered voter. A duplicate or by clear and convincing incomplete signature, or the signature of evidence is not counted. an individual who is not a registered Random sampling may not be voter, is not counted. Protests may be used to exclude signatures. filed. Signatures cannot be disqualified for technical defects or minor variations or omissions. What are the deadlines for State – A protest must be filed within 30 A protest must be filed within protesting signatures? days after verification of the petition 10 days of petition filing and signatures and resolved within 30 days resolved within 10 days of commencement of a hearing. thereafter. Municipal – A protest must be filed within 40 days of petition filing and resolved within 65 days after the petition is filed. How much time are proponents Up to 6 months 12 months allowed to gather signatures to propose laws? What happens if proponents do The proposed measure is not placed on All signatures collected within not turn in signatures in time for the ballot and any signatures collected the 12-month period can be the upcoming election? are void. submitted for the next November election.