A Look at the November Ballot
July, 2008
 

Welcome to the Capitol Success Group

"CSG strives to keep all of our clients well-informed and up to date."

Capitol Success Group

CSG Restaurant of the Month- Osteria Marco

Osteria Marco is a wonderful place to treat yourself and try something a bit different.

They make their own Mozzarella cheese and it is wonderful!

Try the Meatball Sliders as an appetizer, they are bite size meatballs on tiny homemade rolls. I could eat a dozen!

The pizza is done in their custom made indoor pizza oven and is tuned to perfection. The sausage pizza is a winner and just the right size for one big eater.

Wash it all down with a cold beverage and you won’t want to eat pizza anywhere else.

Osteria Marco is located at 15th and Larimer across the street from the Capital Grille in Denver's LoDo district.

Visit their menue at www.OsteriaMarco.com

3 out of 4 Gold Domes for Osteria Marco.

The Capitol Success Group's Rating System Uses Gold Domes instead of Stars.

4 Gold Domes: Outstanding. One of the very best restaurants in Denver.

3 Gold Domes: Very Good. You'll probably be back for more.

2 Gold Domes: Good. But not worth a special trip.

1 Gold Dome: Fair. But not that good.

What is an Initiative?

A voter or "public" initiative is the costly and time consuming process of gathering about 80,000 valid signatures to get on the ballot. The amount of signatures needed to reach the ballot is measured by 5% of the vote cast for the office of Secretary of State in the last election.* The people who sign the petition must be registered Colorado voters and live in the appropriate district in which the initiative is being circulated. A draft of the initiative must go through several stages of review. Most likely, Legislative Council, the Colorado Supreme Court, and the Colorado Secretary of State all will review the initiative several times before the voters have a chance to act.  

Overall, it is fairly simple to get a measure on the ballot if you have enough volunteers or the estimated $200,000 to pay a company to gather the signatures, and do not violate the 1994 “single subject” constitutional requirement. For this reason, Colorado will likely see many ballot initiatives in November of 2008. The chart below shows the initiatives that are still in the running for the November 2008 Ballot.


*This requirement could change if Referendum O passes in November.

What is a Referendum?

A state-wide referendum can only be used to amend the Colorado Constitution* and the Colorado Revised Statutes and does not require signatures from Colorado voters. Instead, the Colorado General Assembly is required to pass the measure by three-fourths vote to amend the Colorado Constitution and a majority vote to amend Colorado statutes. Once the measure passes the legislature, the measure becomes a referendum on the ballot.

Colorado voters make the ultimate decision as to whether it becomes law. The referendum process is much more political and difficult than the initiative process. For this reason, you mainly see non-controversial referendums or referendums updating obsolete constitutional provisions.

*Under TABOR, the Colorado Constitution requires the vote of the people for all tax increases in Colorado

Links:
Colorado General Assembly Website
Watch/Listen to the Legislature Live
Find a House Bill
Find a Senate Bill
Contact A Legislator
House Calender
Senate Calender
JBC Homepage
Governor Ritter Homepage
Capitol Success Group Website
What to Expect on the November Ballot

It is said that Colorado’s constitution is the easiest to amend in the country, and the length of our ballot might confirm this suspicion. It is likely that the 2008 ballot will be one of the longest ballots in Colorado history. And of course who can forget all the contentious races for the State House, State Senate, U.S. Congress, U.S. Senate, local government races, and of course the presidential race for the White House.

Political races aside, this newsletter will examine all the Colorado initiatives coming through the process and will tell you what referendums you can expect to see on the 2008 Colorado Ballot in November. In addition, this newsletter will tell you the difference between initiatives and referendums under Colorado law. (See the articles on the left hand side of the newsletter.)

 
2008 Ballot Measures (Initiatives)

Initiative Title

Subject Matter

Description

Status

Amendment 46:
Colorado Civil Rights Initiative (2008)

Affirmative action

Would prohibit the state from discriminating against or granting preferential treatment to any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting

Certified by Secretary of State but being challenged in court

Amendment 48:
Definition of Personhood

Reproductive Rights

Would change the definition of 'person' in the Colorado Constitution to include any fertilized egg, embryo or fetus

Certified for the Ballot

Amendment 47:
Right to Work initiative

Business Regulations

Would allow employees to opt out of union membership

Certified by Secretary of State but being challenged in court

Initiative 53:
Ask First

Ask First

Would prohibit payroll benefits for special interests

Petition turn-in deadline: 7/9/08

Initiative 59:
Campaign Contributions from Government Contractors

Government Contracting Reform

Would close a remaining loophole in Colorado election law by banning the practice of "Pay to Play"

Petition turn-in deadline 8/4/08

Initiative 74:
Criminal Liability of Executives

Criminal Liability

Would establish criminal liability for executives of businesses found guilty of criminal conduct

Petition turn-in deadline 8/4/08

Initiative 76:
Employee Discharge

Employee Relations

Would establish just cause for employee discharge or suspension

Petition turn-in deadline 8/4/08

Initiative 82:
Colorado Discrimination/Preferential Treatment Initiative (2008)

Affirmative action

Would prohibit the state from discriminating against or granting preferential treatment to any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting, while preserving the state's authority to take actions consistent with eligibility for federal funding or to fulfill obligations in civil rights case orders

Petition turn-in deadline 8/4/08

Initiative 92:
Health Insurance Initiative

Health Insurance

Would require every employer that employs 20+ employees in Colorado to provide major medical health care coverage for its employees and their dependents. Would also set up a health insurance authority to administer the program

Petition turn-in deadline 8/4/08

Initiative 93:
Safe Workplace Initiative

Workplace Conditions

Would require employers to maintain a safe and healthy workplace for their employees

Petition turn-in deadline 8/4/08

Initiative 94:
No Tax Credits or Subsidies for Outsourcers Initiative

Outsourcing

Would prohibit the state from providing tax credits or subsidies to corporations or companies with business operations in Colorado that move all or part of their operations outside the United States, if such relocation causes the loss of jobs in their Colorado operations

Review and Comment Hearing Held

Initiative 113:
Severance Tax Initiative

Taxes

Would eliminate a tax credit for property taxes paid for payers of the severance tax, using the revenue primarily to fund college scholarships

Petition turn-in deadline 8/4/08

Initiative 120:
Severance Tax & Transportation Initiative

Severance Tax, Transportation

Would create the Colorado Transportation Trust Fund, to be funded by that portion of the severance tax that exceeds the amount deposited to the state severance tax fund in the previous year, adjusted for inflation via the Consumer Price Index

Petition turn-in deadline 8/4/08

Initiative 121:
Limited Gaming Initiative

Gambling

Would allow the general assembly or voters in the cities that permit limited gaming to extend the hours of limited gaming operations; to add roulette, craps, or both to the allowed games; and to increase the maximum bet up to $100, with extra tax revenue generated to be distributed 22% to the cities where limited gaming exists and 78% for student financial aid for higher education

Petition turn-in deadline 8/4/08

Initiative 126:
Savings Account for Education Initiative “Romanoff’s SAFE”

Education Funding

Would create a state education fund, to be funded by a .33% tax on federal taxable income of every individual, estate, trust, and corporation, and would require that state educational spending increase by rate of inflation plus 1% through 2012 and at no less than the rate of inflation thereafter

Petition turn-in deadline 8/4/08

Initiative 128:
Sales Tax for Developmentally Disabled Initiative

Services for Developmentally Disabled, Sales Tax

Would increase the sales tax, in July 2009 and again in July 2010, to fund services for the developmentally disabled

Petition turn-in deadline 8/4/08

 
2008 Ballot Measures (Referendums)

Referendum Title

Bill

Description

Referendum L:

HCR07-1002

 

Qualifications for serving in the State Legislature: An amendment to section 4 of article V of the constitution of the state of Colorado, concerning the ability of an elector of the state of Colorado who has attained the age of twenty-one years to serve as a member of the Colorado general assembly.

Referendum M:

HCR08-1009

 

Obsolete Constitutional Provisions Relating to Land Value Increases:

Referendum N:

HCR08-1008

Obsolete Constitutional Provisions Relating to Alcoholic Beverages

Referendum O:

SCR08-003

Citizen-Initiated State Laws:  “reducing the number of signatures required for a proposed statutory initiative; requiring a minimum number of signatures for a proposed initiative to amend the state constitution to be gathered from residents of each congressional district in the state; increasing the time allowed to gather signatures for a proposed statutory initiative; modifying the review of initiative petitions; establishing a filing deadline for proposed initiatives to amend the state constitution; and requiring a two-thirds vote of all members elected to each house of the general assembly to amend, repeal, or supersede any law enacted by an initiative for a period of five years after the law becomes effective?”

 

Sources:  www.ballotpedia.org; www.leg.state.co.us, www.state.co.us

 

The Capitol Success Group

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