The U.S. state of Colorado has had a system of direct voting since gaining statehood in 1876. Citizens and the Colorado General Assembly both have the ability to place new legislation, those recently passed by the General Assembly, and constitutional amendments on the ballot for a popular vote. Colorado has three types of ballot measures that can be voted on in a statewide election: initiatives, referendums, and legislatively referred measures. In order to be placed on the ballot, supporters of a measure must gather signatures from registered voters. From 1877 to 1910, the only ballot measures allowed were legislatively referred measures. In 1910, Referendum 3 was placed on the ballot by the General Assembly and passed, creating a citizen-led process for initiatives and referendums. The first successful citizen-initiated measures were passed in 1912.
The 1876 Constitution of Colorado included procedures for the General Assembly to place measures on the ballot in a statewide election. In the 1890s, a grassroots movement to increase citizen power began, culminating in a special session of the legislature to discuss initiative and referendums in 1910. That session resulted in 1910's Referendum 3, which passed with over 76% of the vote and created a citizen-initiated process.[1] From 1877 to 2016, constitutional amendments required only a simple majority to pass. In 2016, Amendment 71 passed and raised the threshold to 55%.[2][3] In 2020, as part of his administration's response to the COVID-19 pandemic, Governor Jared Polis issued an emergency rule allowing petition signature gatherers to do so via email and mail, rather than in-person efforts. The change, while upheld by the Denver District Court, was overturned by the Colorado Supreme Court later that year.[4]
After the 1876 Constitution was adopted, a legislatively referred constitutional amendment which would have granted women the right to vote was placed on the ballot for the 1877 election.[5]: 92 The measure failed, with over two-thirds of voters against it.[6]Henry Blackwell, a founder of the American Woman Suffrage Association, summed up the unsuccessful campaign by saying "Woman Suffrage can never be carried by a popular vote without a political party behind it".[7] Blackwell was proven correct in 1893 when, in part due to gains made by the Colorado People's Party in the General Assembly, voters supported a women's suffrage ballot measure by a 55-45 margin.[8][5]: 124–158
In 1970, the International Olympic Committee granted Denver hosting rights for the 1976 Winter Olympics.[9] Governor John Love claimed that the games would cost taxpayers only $5,000,000. Activists quickly noted a wide variety of issues with the state's cost estimate, however, including a lack of transportation infrastructure, no planning for the Olympic Village, and issues with planned events sites.[10] A petition for 1972's Measure 8 quickly reached the necessary 51,000 signatures and 60% of Coloradans voted to prohibit the state from funding the Olympics. Later estimates found that the cost for Denver to host the games would have been $92,000,000, over 18 times the state's estimate.[11]Richard Lamm, who was a leader in the local anti-Olympics movement, would later parlay his fame from the measure into three terms as Governor.[12]
The 1984 ballot included Amendment 3, which barred the use of state funds for abortion services. The measure passed by less than one percentage point and gave Colorado the distinction of being both the first state to decriminalize abortion, having done so in 1967, and the first state to prohibit the government from funding it.[13] 1990's Amendment 5 has been credited by the Initiative & Referendum Institute as having started the term limits movement in the United States and was followed by similar initiatives in 1994 and 1996. Colorado's efforts were unique because they placed term limits on members of Congress in addition to state-level officials.[1] The term-limits movement resulted in the Supreme Court case U.S. Term Limits, Inc. v. Thornton (1995), which determined that states could not place restrictions on congresspeople beyond the constitutional requirements.[14][15]
In 2000, Amendment 20 passed with 54% of the vote and legalized the medical use of marijuana in the state.[16] It was followed by 2012's Amendment 64, which passed by similar margins and legalized the recreational use of marijuana.[17]The Economist described the vote as "an electoral first not only for America but for the world."[18] Colorado continued this trend of loosening drug policy in 2022 when voters passed Proposition 122 and legalized the use of psilocybin mushrooms in designated "healing centers".[19]
Types of ballot measures
Citizen-initiated
The Constitution of Colorado grants citizens some initiative and referendum powers in Article V. In order for a measure to be placed on the ballot, a petition must receive signatures equal to 5% of the votes cast in the previous election. The governor's veto power does not extend to citizen-initiated measures, which go into effect within one month of election returns being certified.[20][21]
Initiatives create new state statutes or constitutional amendments. They may be placed on the ballot if their petition is filed at least three months before the upcoming election.[21]
Referendums repeal legislation passed in the previous General Assembly session. They may be placed on the ballot if their petition is filed at least 90 days after the previous General Assembly session adjourns.[20]
Government-initiated
At the General Assembly's discretion, the legislature may place additional measures on the ballot. Article XIX of the Constitution requires that constitutional amendments passed by the legislature be voted on in the next general election.[20] The General Assembly can also vote to place statute changes and proposed spending on the general election ballot.[22]
An initiative establishing fixed hours for city fire department employees
Passed
113,140 (57.80%)
82,596 (42.20%)
Measure 2
An initiative requiring the licensing and regulation of chiropractors
Failed
84,286 (43.52%)
109,385 (56.48%)
Measure 3
An initiative creating a county called Limon County
Failed
34,881 (19.81%)
141,239 (80.19%)
Measure 4
An initiative creating a county called Flagler County
Failed
33,295 (19.17%)
140,363 (80.83%)
Measure 5
A constitutional amendment allowing the state to issue bonds for the purpose of building the Moffat, Monarch, and San Juan Tunnels
Failed
101,841 (44.68%)
126,099 (55.32%)
Measure 6
An initiative allocating $350,000 for the creation of a Psychopathic Hospital and Laboratory (equivalent to $5,323,256 in 2023)
Passed
155,049 (75.51%)
50,295 (24.49%)
Measure 7
A constitutional amendment creating a property tax for the purpose of funding state educational facilities
Passed
160,268 (75.39%)
52,324 (24.61%)
Measure 8
A constitutional amendment authorizing the state to issue a $5,000,000 bond for the purpose of constructing new highways (equivalent to $76,046,512 in 2023)
Passed
100,130 (58.51%)
70,997 (41.49%)
Measure 9
A constitutional amendment increasing the number of county judges
Failed
35,095 (26.49%)
97,398 (73.51%)
Measure 10
A constitutional amendment increasing the salaries of constitutional offices and judges
A constitutional amendment allowing the state to issue $1,500,000 in bonds for the purpose of constructing new highways (equivalent to $27,304,175 in 2023)
Passed
131,271 (66.36%)
66,536 (33.64%)
Measure 2
A constitutional amendment creating a public utilities commission
Failed
75,061 (41.08%)
107,655 (58.92%)
Measure 3
An initiative reapportioning seats in the Colorado General Assembly
Failed
61,502 (37.72%)
101,537 (62.28%)
Measure 4
A constitutional amendment allowing the legislature to issue some exemptions from the ad valorem tax and create an income tax
Failed
42,466 (26.08%)
120,355 (73.92%)
Measure 5
An initiative relating to experimental operations on humans and animals
Failed
35,476 (16.61%)
178,120 (83.39%)
Measure 6
A measure calling for a constitutional convention
Failed
53,015 (36.29%)
93,081 (63.71%)
Measure 7
A constitutional amendment relating to the location and control of higher education institutions
Passed
87,282 (59.95%)
58,315 (40.05%)
Measure 8
A constitutional amendment establishing four-year terms for some county officials
Failed
37,945 (26.40%)
105,782 (73.60%)
Measure 9
A constitutional amendment establishing four-year terms for some state officials
Failed
40,081 (28.54%)
100,367 (71.46%)
Measure 10
A constitutional amendment allowing the legislature to grant non-citizens the ability to own property
A constitutional amendment allowing the General Assembly to set salaries for state officials and judges
Passed
134,724 (53.09%)
119,060 (46.91%)
Measure 2
A constitutional amendment requiring that voters on issues related to school funding be property tax payers
Failed
69,005 (30.80%)
155,018 (69.20%)
Measure 3
A constitutional amendment modifying eminent domain rules
Failed
32,294 (16.97%)
157,973 (83.03%)
Measure 4
A constitutional amendment authorizing the state to issue $60,000,000 in bonds for the purpose of constructing new highways (equivalent to $1,064,651,163 in 2023)
Failed
82,422 (32.16%)
173,881 (67.84%)
Measure 5
A constitutional amendment creating an elected Board of Education
A constitutional amendment prohibiting partial-birth abortions
Failed
617,977 (48.52%)
617,977 (51.48%)
Amendment 12
An initiative requiring parental notification before an abortion is performed on an emancipated minor
Passed
707,021 (54.87%)
581,481 (45.13%)
Amendment 13
A constitutional amendment requiring uniform application of livestock laws
Failed
475,664 (38.70%)
753,509 (61.30%)
Amendment 14
An initiative increasing regulations of commercial hog farms
Passed
790,825 (64.21%)
440,766 (35.79%)
Amendment 15
An initiative requiring that water flow meters in the San Luis Valley be certified by the state engineer
Failed
292,977 (23.83%)
936,698 (76.17%)
Amendment 16
A constitutional amendment instituting fees on water pumped from state lands in the Rio Grande Water Conservation District
Failed
297,872 (24.23%)
931,566 (75.77%)
Amendment 17
A constitutional amendment granting a tax credit to the parents of schoolchildren
Failed
515,942 (39.72%)
782,982 (60.28%)
Amendment 18
A constitutional amendment allowing candidates for public office to submit declarations of voluntary term limits
Passed
613,557 (50.41%)
603,651 (49.59%)
Referendum A
A constitutional amendment relating to healthcare
Failed
505,903 (45.32%)
610,449 (54.68%)
Referendum B
An initiative allowing the state to hold up to $200,000,000 in excess tax revenue for the purpose of funding school construction and transportation (equivalent to $373,866,884 in 2023)
Failed
477,504 (38.41%)
765,654 (61.59%)
Referendum C
A constitutional amendment creating the city and county of Broomfield
An initiative allowing the state to spend money collected over the TABOR limit on health care, public education, transportation, and fire and police projects
Passed
600,222 (52.06%)
552,662 (47.94%)
Referendum D
An initiative allowing the state to borrow up to $2,000,720,000 (equivalent to $3,121,245,923 in 2023)
A constitutional amendment prohibiting elected officials and their family members from accepting gifts and restricting former elected official's abilities to become lobbyists
An initiative requiring the Attorney General of Colorado to engage in a lawsuit against the United States to force the enforcement of existing immigration laws
A constitutional amendment raising the minimum wage to $12.00 an hour
Passed
1,517,903 (55.36%)
1,224,189 (44.64%)
Amendment 71
A constitutional amendment requiring initiative petitioners to gather signatures in all 35 state senate districts and imposing a 55% vote threshold for future constitutional amendments
Passed
1,476,948 (55.69%)
1,175,324 (44.31%)
Amendment 72
An initiative raising taxes on cigarettes by $1.75
A constitutional amendment requiring property owners be compensated if their property value decreased due to changes in state law
Failed
1,139,205 (46.42%)
1,315,182 (53.58%)
Amendment 75
A constitutional amendment allowing candidates in races where a self-funded candidate gives their campaign at least $1,000,000 to accept more than the standard campaign contribution limit
Failed
813,861 (34.04%)
1,576,835 (65.96%)
Proposition 109
An initiative allowing the state to issue $3,500,000,000 in bonds for the purpose of funding statewide transportation projects
Failed
952,814 (39.28%)
1,472,933 (60.72%)
Proposition 110
An initiative authorizing the state to issue $6,000,000,000 in bonds for the purpose of funding statewide transportation projects and raising the state sales tax rate
Failed
990,287 (40.61%)
1,448,535 (59.39%)
Proposition 111
An initiative capping payday loan interest rates
Passed
1,865,200 (77.25%)
549,357 (22.75%)
Proposition 112
An initiative mandating that new fracking projects be at least 2,500 feet from occupied buildings
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^ abGriswold, Jena (September 21, 2021). "Initiative Procedures & Guidelines: A Citizen's Guide to Placing an Initiative on the Ballot" (PDF). Colorado Department of State. Archived from the original (PDF) on November 10, 2022. Retrieved November 10, 2022.
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^An Analysis of 1972 Ballot Proposals. No. 185. Denver: Colorado General Assembly. 1972. Archived from the original on August 14, 2022. Retrieved November 10, 2022.
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^An Analysis of 1974 Ballot Proposals. No. 206. Denver: Colorado General Assembly. 1974. Archived from the original on July 10, 2021. Retrieved November 10, 2022.
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^An Analysis of 1976 Ballot Proposals. No. 217. Denver: Colorado General Assembly. 1976. Archived from the original on August 14, 2022. Retrieved November 10, 2022.
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^An Analysis of 1978 Ballot Proposals. No. 233. Denver: Colorado General Assembly. 1978. Archived from the original on July 10, 2021. Retrieved November 10, 2022.
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^An Analysis of the 1995 Ballot Proposal. No. 401. Denver: Colorado General Assembly. 1995. pp. 1–9. Archived from the original on July 10, 2021. Retrieved November 10, 2022.
^ ab"State of Colorado Abstract of Votes Cast 1995-1996" (PDF). Colorado Department of State. Archived (PDF) from the original on January 8, 2018. Retrieved November 9, 2022.
^An Analysis of 1996 Ballot Proposals. No. 415. Denver: Colorado General Assembly. 1996. Archived from the original on August 14, 2022. Retrieved November 10, 2022.
^An Analysis of the 1997 Ballot Proposal. No. 427. Denver: Colorado General Assembly. 1997. pp. 1–8. Archived from the original on July 10, 2021. Retrieved November 10, 2022.
^ abc"State of Colorado Abstract of Votes Cast 1997-1998-1999" (PDF). Colorado Department of State. Archived (PDF) from the original on November 10, 2022. Retrieved November 9, 2022.
^Analysis of the 1998 Statewide Ballot Proposals. No. 438. Denver: Colorado General Assembly. 1998. Archived from the original on July 10, 2021. Retrieved November 10, 2022.
^An Analysis of the 1999 Ballot Proposal. No. 455. Denver: Colorado General Assembly. 1999. pp. 1–9. Archived from the original on December 7, 2021. Retrieved November 10, 2022.
^An Analysis of the 2000 Statewide Ballot Proposals. No. 475. Denver: Legislative Council of the General Assembly. 2000. Archived from the original on July 10, 2021. Retrieved November 10, 2022.
^"Official Publication of the Abstract of Votes Cast for the 2000 Presidential, 2000 Primary, and 2000 General" (PDF). Colorado Department of State. Archived (PDF) from the original on May 11, 2022. Retrieved November 9, 2022.
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