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Amendment 71 would make amending state constitution more difficult

Colorado voters are being asked to make it harder to amend the state constitution.

The constitutional Amendment 71 question – known as Raise the Bar – asks, “Shall there be an amendment to the Colorado Constitution making it more difficult to amend the Colorado Constitution by requiring that any petition for a citizen-initiated constitutional amendment be signed by at least 2 percent of the registered electors who reside in each state Senate district for the amendment to be placed on the ballot and increasing the percentage of votes needed to pass any proposed constitutional amendment from a majority to at least 55 percent of the votes cast, unless the proposed constitutional amendment only repeals, in whole or in part, any provision of the constitution?”

Voters may be wondering what this means.

To understand, it’s best to start with the current requirement to place a constitutional issue on the ballot, which requires 98,492 signatures, enough signatures to equal at least 5 percent of the votes cast in the most recent election of secretary of state in Colorado.

Most of those signatures come from heavily populated urban areas of the state, like Denver, where petition gatherers can collect large chunks of signatures quickly, and relatively easily, if they have the money to pay circulators.

Proposals then take a simple majority on Election Day to pass.

Amendment 71 would require signatures from all 35 state Senate districts to make the ballot. Of the total required signatures, the number collected from each district would need to equal at least 2 percent of the registered voters in those districts to make the ballot.

Proposed constitutional amendments making the ballot would then need 55 percent of the vote to pass on Election Day.

Existing provisions in the constitution could be repealed by the same simple majority under the Raise the Bar proposal.

The ballot question would not alter the statutory proposition process. Statutory ballot questions are easier to amend because language is not locked into the state constitution.

A “yes” vote for the measure would enact the change, making it more difficult to amend the state constitution.

A “no” vote would maintain the state’s current system, which is considered relatively easy to present voters with constitutional amendments.

Those in favor of the change – which has garnered a bipartisan coalition, including every living Colorado governor – say the proposal would give rural Colorado a voice.

Because paid gatherers and individuals focus on the Front Range, rural voters often never get to weigh in on whether a proposal makes the ballot.

The relative ease for which it takes to amend the constitution has also left constitutional conflicts that are locked into the constitution, unable to be changed without another vote of the people, proponents argue. They believe the Legislature should be able to address problems with initiatives as they come up.

The other side of the argument, however, focuses heavily on democracy. Opponents call Amendment 71 the most important issue on the ballot this fall.

Critics point out that the initiative would dramatically change the petition process in Colorado, limiting access to the ballot, thereby softening the voice of the people.

Average citizens and groups with few resources would struggle to make the ballot, but well-funded special interests would still be able to employ an army of paid petition collectors to advance their causes, opponents argue.

The concerns have united odd bedfellows, including conservative and progressive think tanks and advocacy organizations, many of which consider themselves grass-roots and fighting against a “massive threat” to democracy.

pmarcus@durangoherald.com



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