APPENDIX B: Amendment and Referenda 1990-2006

Amendments and Referendum are listed by year, with splits every two year cycle for comments. In the past 20 years, 55 have passed compared to 66 that were rejected. My opinions are apparent in this Appendix, mainly because this is dry material and difficult to make interesting in most cases.


The Legislative Council has ballot issue analysis on its site from 1998 onwards. There are only brief titles for ballot issues prior to that year.

  1990 Amendments and Referenda  
1 Tax Limitation - Voting (TABOR) 48.9% 51.1% Rejected
4 Limited Gaming in Black Hawk, Central City, and Cripple Creek 57.3% 42.7% Adopted
5 Term Limits 71.0% 29.0% Adopted
2 Presidential Primary 61.2% 38.8% Adopted
3 Obsolete Constitutional Provisions 77.8% 22.2% Adopted

Amendment numbering in the state of Colorado is disorganized and confusing. If I reference an amendment number or referendum letter from multiple years, I will denote it as Amendment 11 (1998). Referendum began to be formatted in alphabetical order in 2004.

The most significant passed amendment in 1990 was the implementation of term limits on all elected officials in the state. It passed with a large majority and imposed eight year term limits on elected officials, except for U.S. Senators who were allowed two terms totaling twelve years. The portion covering United State House and Senate members is struck down in 1995. The state limits are still in effect. TABOR failed in 1990, and had failed in 1988 as well.


  1992 Amendments and Referenda  
01 Tax Limitations - Voting (TABOR) 53.7% 46.3% Adopted
02 No Protected Status 53.4% 46.6% Adopted
03 Limited Gaming - Selected Western and Southern Cities and Counties 29.7% 70.3% Rejected
04 Limited Gaming - Selected Eastern and Southern Cities and Counties 27.6% 72.4% Rejected
05 Limited Gaming - Parachute 27.6% 72.4% Rejected
06 Education Reform - Sales Tax 45.6% 54.4% Rejected
07 Vouchers for Education 33.2% 66.8% Rejected
08 Lottery Revenues for Parks, Recreation, Wildlife 58.2% 41.8% Adopted
09 Limited Gaming - Selected Area in Lower Downtown Denver 19.6% 80.4% Rejected
10 Black Bear Hunting 69.7% 30.3% Adopted
A Rights of Crime Victims 80.2% 19.8% Adopted
B Obsolete Constitutional Provisions 78.0% 22.0% Adopted
C Local Vote on Gaming After Statewide Vote 76.0% 24.0% Adopted
 
  1993 Amendments and Referenda  
A Reinstatement of Sales Tax on Tourist-Related Purchases 44.8% 55.2% Rejected

1992 had two controversial amendments pass, one of which is still causing problems. Amendment 1 is TABOR, the Taxpayer's Bill of Rights, which requires votes on any tax increases and limits governmental growth to a fixed percentage. Amendment 2 was the anti-GLBT amendment, giving no discrimination protection to gay and lesbian citizens. This amendment is stopped by the State Supreme Court and later struck down by the U.S. Supreme Court in Romer v. Evans.

Of the other amendments, all of the expanded gambling votes go down by large margin, and the one further complicating the gambling process is approved. Bear hunting was limited, and school vouchers are rejected by a 2-1 margin. Since TABOR also allows off-year elections for TABOR-related tax referendum and amendments, so there are election results from 1993. Doug Bruce, the author of TABOR, made every year an election year in Colorado, and this provision has survived a counter amendment in 1996 to strip odd-year elections from the constitution and require super majorities for referendum passage. In local elections, over 900 TABOR related proposals have passed, some even permanently removing TABOR over budget control.


  1994 Amendments and Referenda  
11 Workers' Choice of Care 33.6% 66.4% Rejected
14 Tobacco Taxes 38.5% 61.5% Rejected
12 Election Reform 22.5% 77.5% Rejected
13 Limited Gaming in Manitou Springs and Public Airports 8.3% 91.7% Rejected
15 Campaign and Political Finance 46.3% 53.7% Rejected
16 Obscenity - First Amendent 36.7% 63.3% Rejected
17 Term Limits 51.0% 49.0% Adopted
18 State Medical Assistance - Repayment 31.9% 68.1% Rejected
A Single Subject for Initiatives and Referenda 65.7% 34.3% Adopted
B Ballot Information Booklet 50.4% 49.6% Adopted
C Post-Conviction Bail 76.9% 23.1% Adopted
 
  1995 Amendments and Referenda  
A Multiple-Year Financial Obligations - Nonstate Prisons 45.1% 54.9% Rejected

Again term limits, and again they pass. Amendment 12 is termed "Election Reform", but is a catch all amendment for multiple changed to the election code, changing petitions, political donations, retaining elections for judges, pension plans, and a few other things. Amendment 12 loses by a significant margin, and a portion is revived and placed on the ballot in 1996, only to lose by 40 percent instead of by 50 percent. Another addition now familiar to voters is the Ballot Information Booklet, commonly called Blue Book. The Blue Book is a non-partisan impartial analysis of proposed amendments and referendum on the state ballot and judge retention votes. Amendment analysis from 1998 onwards is available on the Legislative Council website referenced at the top of this page.

I have to check into this more, but I believe that Referendum A in 1994 was placed on the ballot in response to Amendment 12. The single subject rule for amendments and referenda placed ballot initiatives and amendments under the same rules as the state legislature. Advocates for single-issue bills say that this restriction prevents pork-barrel projects from being attached to every bill to curry favor from representatives.


  1996 Amendments and Referenda  
11 Property Tax Exemptions 16.7% 83.3% Rejected
12 Term Limits 54.0% 46.0% Adopted
13 Petitions 31.1% 68.9% Rejected
14 Prohibited Methods of Taking Wildlife 52.1% 47.9% Adopted
15 Campaign Finance 65.8% 34.2% Adopted
16 State Trust Lands 51.9% 48.1% Adopted
17 Parental Rights 42.3% 57.7% Rejected
18 Limited Gaming in Trinidad 31.5% 68.5% Rejected
A Voter Approval - Constitutional and Statutory Amendments 40.9% 59.1% Rejected
B Mailing of Ballot Information 54.9% 45.1% Adopted
C County Sheriffs - Qualifications 56.1% 43.9% Adopted
D Unemployment Compensation Insurance 29.3% 70.7% Rejected
 
  1997 Amendments and Referenda  
1 Tax and Fee Increases for Funding Transportation Projects 15.8% 84.2% Rejected


Frankly, most of these amendments are completely irrelevant. The ones that passed are unconstitutional (12 - U.S. Congressional Term Limits), required due to poor wording in prior amendments (B - Mailing of Ballot Information), or gutted by the legislature (15 - Campaign Finance). Amendment 16, State Trust Lands, takes a portion of the land owned by the state into permanent open space, but the nominated space can be removed from the registry. The only other issue that passed was allowing for counties to set qualifications for county sheriffs.

Of the failed issues, the Property Tax amendment had the potential to anger every constituent group in the state by removing property tax exemptions. The result was the third lowest percentage of yes voters in the 16 years covered here. An amendment to change the petitioning process failed for the second time, which was lumped into the Election Reform amendment in 1994. This issue is dormant for ten years, coming back again in 2006. The 1997 amendment failed by a large margin, the second largest no percentage since 1990. It proposed raising both gasoline taxes and car registration taxes. Car registration taxes are fairly high in this state already, and certain regions have extra taxes to support the E-470 tollway.



  1998 Amendments and Referenda  
11 Partial Birth Abortion 48.5% 51.5% Rejected
12 Parental Notification for Abortion 54.9% 45.1% Adopted
13 Uniform Regulation of Livestock Regulations 38.7% 61.3% Rejected
14 Regulation of Commercial Hog Facilities 64.2% 35.8% Adopted
15 Water Meters in the San Luis Valley 23.8% 76.2% Rejected
16 Payments for Water by the Rio Grande Water Conservation District 24.2% 75.8% Rejected
17 Income Tax Credit for Education 39.7% 60.3% Rejected
18 Voluntary Congressional Term Limits 50.4% 49.6% Adopted
A Private/Public Ownership of Local Health Care Services 45.3% 54.7% Rejected
B State Retention of Excess State Revenues 38.4% 61.6% Rejected
C Creation of City and County of Broomfield 61.3% 38.7% Adopted
 
  1999 Amendments and Referenda  
A Financing State Transportation Projects 61.7% 38.3% Adopted

In 1998, abortion came back to the ballot, spurred on by President Clinton's vetoes of bills on this subject. The first amendment outlawed partial birth abortions, while Amendment 12 required parental notification. Of the two abortion amendments on the ballot, the partial birth abortion ban failed while parental notification for minors passed, with a 6% swing between the two amendments. Amendment 14 regulated large pig farms and a rare case of voter initiated petitioning. Advocates for the amendment were concerned over contaminated water wells from farm runoff, and the petition required large farms to apply for permits and mitigate the damage to groundwater sources. And since water moves votes, the amendment was adopted. In 1999, Referendum A was the first time the state of Colorado used bonds to pay for transportation projects, including the T-REX project in Denver and other high priority projects.

One of the bizarre notions of Referendum C (1998) is that the formation of Broomfield County could have been done without the explicit consent of the voters who would now form the county. The City of Broomfield was split between four counties and proposed a new county to remove the complication of sales taxes and also allowed them to use both county and city sales tax proceeds from both Interlocken and Flatiron Crossing to build out a large amount of services. They also built the Northwest Parkway, a toll road which connects US-36 to I-25. Using wildly inflated numbers, the road was built and not enough cars came. Now they seek to lease the road to a private company before the bond payments become impractical and the road defaults. The problems with the Northwest Parkway have provided ample cause for opponents of completing the 470 loop, since most routings use a toll road and pass through Golden, where a large center of opposition resides.


  2000 Amendments and Referenda  
20 Medical Use of Marijuana 53.5% 46.5% Adopted
21 Tax Cuts 34.0% 66.0% Rejected
22 Background Checks at Gun Shows 70.0% 30.0% Adopted
23 Funding for Public Schools 52.7% 47.3% Adopted
24 Voter Approval of Growth 30.1% 69.9% Rejected
25 Requirements for Consent to Abortion 39.4% 60.6% Rejected
A Property Tax Reduction for Senior Citizens 54.7% 45.3% Adopted
B Legislative Reapportionment Timetable 60.5% 39.5% Adopted
C Selection of County Surveyors 45.4% 54.6% Rejected
D Outdated Constitutional Provisions 71.6% 28.4% Adopted
E Multi-State Lotteries 51.6% 48.4% Adopted
F Excess State Revenue for Math and Science Grants 44.1% 55.9% Rejected
 
  2001 Amendments and Referenda  
26 Surplus Revenue to Test I-70 Fixed Guideway 34.1% 65.9% Rejected
A GOCO Bonds for Open Space 57.6% 42.4% Adopted

The amendments and referenda in 2000 and 2001 are strange as the results show a wide variety of opinion on the local level. Medicinal marijuana passed by a small margin, along with an amendment closing the gun show loophole. Amendment 23 also passed, specifying mandatory budget increases in K-12 education. All three of these amendments were largely opposed by the Republican legislators and Governor Owens. In El Paso County, all three measured had a majority voting yes. Conversely, Amendment 25 failed by a large margin, 60% to 40%. Even though vows were made to petition again in the future, none have come and the issues appears to have been placed on hold while gay marriage and illegal immigration.

These amendments may have played a role in the Republican loss of the State Senate, as the amendments that passed were not supported by Republicans, while the ones that failed did. All three losses were in the Denver metro area, which voted the same way as the state did overall for all four amendments. The last amendment was Doug Bruce's latest invention, Amendment 21. It lost by a large margin, and didn't gain a majority of votes in any county. This amendment would have reduced every tax by 25 dollars every year, eventually crippling government. In Sedgwick County it lost badly: 964 no votes to 29 yes votes.


  2002 Amendments and Referenda  
27 Campaign Finance 66.5% 33.5% Adopted
28 Mail Ballot Elections 42.4% 57.6% Rejected
29 Selecting Candidates for Primary Elections 39.8% 60.2% Rejected
30 Election Day Voter Registration 39.2% 60.8% Rejected
31 English Language Education 43.8% 56.2% Rejected
A Exempt Elected District Attorneys 35.3% 64.7% Rejected
B Public/Private Ownership of Local Health Care Services 40.8% 59.2% Rejected
C Qualifications for County Coroners 70.9% 29.1% Adopted
D Repeal of Obsolete Constitutional Provisions 71.9% 28.1% Adopted
E Cesar Chavez State Holiday 20.6% 79.4% Rejected
 
  2003 Amendments and Referenda  
32 Taxable Value of Residential Property 22.4% 77.6% Rejected
33 Video Lottery/Tourism Promotion 19.1% 80.9% Rejected
A Revenue Bonds for Water Projects 32.9% 67.1% Rejected

In 2002, the campaign finance reform act passed and has had a significant impact on the fundraising capability of state officials in Colorado. These limits dropped the amount a person could donate to a candidate and party, while also setting voluntary caps on spending. These limits are not indexed to inflation or anything, so they will eventually have to be fixed. This amendment is the only one of five election related questions to pass, with the other four losing by large margins. The English-only amendment also failed, since it would take a bit longer for the anti-illegal immigration movement to pick up enough real and manufactured outrage.

In 2003, Referendum A was proposed after multiple years of drought in the state. Governor Owens was one of the main proponents of the measure, which asked for two billion dollars to fund new water infrastructure projects. The Western Slope claimed this would be for inter-basin water transfers across the Continental Divide, and opponents touted conservation over unknown water storage projects. The referendum failed in every county. On the Western Slope, supporting Referendum A is a difficult bias to overcome.


  2004 Amendments and Referenda  
34 Construction Liability 23.4% 76.6% Rejected
35 Tobacco Tax Increase for Health-Related Purposes 61.4% 38.6% Adopted
36 Selection of Presidential Electors 34.8% 65.2% Rejected
37 Renewable Energy Requirement 53.6% 46.4% Adopted
A State Personnel System 39.2% 60.8% Rejected
B Obsolete Constitutional Provisions 69.0% 31.0% Rejected
 
  2005 Amendments and Referenda  
C State Spending 52.1% 47.9% Adopted
D State Borrowing 49.4% 50.6% Rejected

The 2004 ballot was relatively quiet in comparison, with Amendment 37 opposed by some energy companies and citizen groups as a mandatory rate increase. Referendum A was a proposal to reform the civil service system, backed by Governor Owens. The budget cuts caused by TABOR were a huge problem, but the proposal by the Bighorn Center was pulled and the legislature could not agree on a solution. Referendum A lost by a large margin, and Amendment 37 passed.

Governor Owens, moderate Republicans, and the Democratic caucus crafted two amendments for the budget crisis caused by TABOR. Referendum C and D in 2005 was the most significant odd-year election battle, with a bizarre alliance of Republicans and Democrats against the anti-tax faction of the electorate. Due to the relative incompetence of the Ref. C opponents and the moderate Republican/Democrat campaign co-operation produced a Referendum C win. Referendum D was an additional measure similar to the 1999 Transportation Referendum; it failed by a small margin. The passage of Referendum C broke the TABOR ratchet and has prevented budget cuts. Doug Bruce is planning on suing the government in 2010 over the budget level for 2011.


  2006 Amendments and Referenda  
38 Petitions 30.8% 69.2% Rejected
39 School District Spending Requirements 37.6% 62.4% Rejected
40 Term Limits for Supreme Court and Court of Appeals Judges 42.9% 57.1% Rejected
41 Standards of Conduct in Government 62.6% 37.4% Adopted
42 Colorado Minimum Wage 53.3% 46.7% Adopted
43 Marriage 55.0% 45.0% Adopted
44 Marijuana Possession 41.1% 58.9% Rejected
E Property Tax Reduction for Disabled Veterans 79.2% 20.8% Adopted
F Recall Deadlines 44.7% 55.3% Rejected
G Obsolete Constitutional Provisions 76.1% 23.9% Adopted
H Limiting a State Business Income Tax Deduction 50.7% 49.3% Adopted
I Domestic Partnerships 47.7% 52.3% Rejected
J School District Spending Requirements 41.5% 58.5% Rejected
K Immigration Lawsuit Against Federal Government 55.7% 44.3% Adopted
 
  2007 Amendments and Referenda  
None proposed yet

In 2006, both Democrats and Republicans tried to place ballot issues to drive like-minded individuals to the polls. A proposed illegal immigration amendment was struck down by the State Supreme Court for violating the single issue statue (Ref A - 1994). A special session was called, which passed a law with a similar result without the legal clauses attached. Referendum K was also placed on the ballot, asking voters whether or not they wished to sue the U.S. Government over the cost of illegal immigrants. Four amendments were placed to favor Republicans, and one major one for Democrats, an increase in the minimum wage.

The election results were a mix, as usual. Gay marriage was voted into the constitution, and civil unions were rejected. However, the minimum wage hike passed, and all three of the right-wing supported amendments failed. Republican efforts to allow for easier petitions, Supreme Court term limits, and limit school spending all failed by significant margins. Amendment 41 passed, which limited gifts to any state employee and has subsequently been a fight over is a gift and what is not a gift.

For 2007, the petition meetings have just begun, and voter initiated amendments have until summer to turn in signatures. Time will tell on what brilliant or idiotic amendments make it on the ballot. If there is no election, it will be the first time there is no election since TABOR instituted odd-year elections.


Appendices List - To be completed
Appendix A: State Assembly 2000-2007
Appendix B: Amendment and Referenda 1996-2006
Appendix C: 2000-2006 Election History and Analysis
Appendix D: Colorado Elections Results 2002-2006
Appendix E: Colorado Demographics