Colorado voters were asked to decide on four ballot measures this election cycle, and they acquitted themselves well – approving one probably good law and rejecting three definitely bad ideas. None of that, however, changes the fact that this state’s citizen initiative process is dangerous and damaging. And without some reform, there will always be those eager to employ it to make mischief.
Amendment 67 was one example. (Under Colorado law, a ballot measure to amend the Constitution is an amendment; a statutory change is called a proposition.) It would have bestowed the legal status of a person on fetuses and even fertilized human eggs. The result would have been to ban all forms of abortion – with no exceptions – as well as some popular forms of birth control. The voters shot that down 65 percent to 35 percent statewide and 70-30 in La Plata County.
This is the third time Colorado voters have resoundingly defeated “personhood” measures. Perhaps it is time for some kind of constitutional skunk rule. We should not have to keep arguing this.
Amendment 68 was another example of constitutional abuse. It was a blatant attempt by a Rhode Island company to manipulate Colorado’s initiative process for profit by amending the state Constitution to allow a casino to operate at a Denver-area racetrack. While presented as a way to further fund schools, the voters saw through that fig leaf and rejected Amendment 68 by 71 percent to 29 percent statewide and 68-32 in La Plata County.
Proposition 104 was the one ballot measure the Herald endorsed and the only one to pass. It was based on the simple idea that, except for limited situations involving safety or national security, the public’s business should be conducted in public.
With 104’s passage, school board negotiations related to collective bargaining must be done in open meetings. It passed statewide by 70 percent to 30 percent and locally 69-31.
Amendment 104 was the product of the Independence Institute in Denver. Its passage marks a real win for the libertarian think tank.
Proposition 105 would have required all food sold in Colorado to carry a label if it was “produced with genetic engineering.” It was strongly opposed by Colorado food producers and sellers, and for good reason. An estimated 80 percent of the food in North America contains genetically modified material. With that, Proposition 105 would have burdened both state agencies and food producers and could have stigmatized Colorado agriculture.
A better approach would be to encourage producers of food free of genetically modified organisms to use that status to promote their products.
The voters rejected Proposition 105 statewide 66 percent to 34 percent. It was the one ballot measure where La Plata County differed – it passed here 55-45.
That the voters did not have to address a longer list of dubious proposals can be credited to Gov. John Hickenlooper, who negotiated a compromise between gas-industry supporters and critics. That resulted in the creation of a task force – co-chaired by La Plata County Commissioner Gwen Lachelt – to recommend to the Legislature how to proceed with reasonable regulation of gas production. In response, both sides pulled their competing initiatives from the ballot.
But not all issues are amenable to compromise. And without meaningful reform to the initiative process, Colorado voters will continue to be faced with risky ideas on their ballots.
