Secretary Williams applauds latest "Raise the Bar" ruling

DENVER, April 12, 2018 -- Coloradans who put a constitutional amendment on the November ballot must gather petition signatures in all 35 state Senate districts while an appeal is underway, a federal appellate court ruled today.

The petition-requirement was part of Amendment 71 -- otherwise known as "Raise the Bar" -- that voters approved in 2016 in a effort to make it more difficult to amend the Colorado Constitution. In addition to requiring that signatures must come from 2 percent of voters in each Senate district, the measure also required constitutional amendments to pass with a 55-percent majority rather than a simple majority.

Opponents sued, arguing the signature requirement violated the principle of "one person, one vote" because of population variances in each Senate district. A federal judge in March ruled the signature portion of the measure was unconstitutional, which Colorado Secretary of State Wayne Williams appealed. Today a 10th Circuit Court of Appeals panel granted Williams' request that the 35-district requirement stay in effect during the appeal.

"The people of Colorado spoke on this issue when they passed Amendment 71 in 60 of our 64 counties," Secretary Williams said. "Today the court supported the vote of the people."

So far the Colorado Secretary of State's office has approved 15 ballot proposals for circulation, seven of which are constitutional amendments. The topics range from school finance to property takings. Some proposals are nearly identical and the backers, if they proceed, will likely choose just one measure to gather signatures for.

To examine the measures, go to our Initiative Filings, Agendas & Results link and the first set of measures marked "Approved for Circulation." When you click on each measure, there will be a link marked "hearing result." Click on that link and the ballot titles will say whether it is a proposed change to the Colorado Constitution or state statute. Measures that change statutes require a simple majority to pass, and there is no 35-Senate district requirement.

To get on the ballot, proponents need to submit 98,492 valid voter signatures -- 5 percent of the total votes cast for all candidates for Colorado Secretary of State in the last general election. The signatures must be turned into the Secretary of State's office by 3 p.m. Aug. 6.

Order Making Absolute Order to Show Cause (PDF)

Emergency Motion for Stay of Injunction Pending Appeal (PDF)

Order Granting Motion for Stay Pending Appeal (PDF)