2024 Ballots - Voting on Amendments to Constitution
AMENDMENTS TO COLORADO CONSTITUTION
SUMMARY OF RECOMMENDATIONS BY COLORADO DEMOCRATIC PARTY:
Recommended Vote Yes/For:
Amendment G: Modify Property Tax Exemption For Veterans with Disabilities (55% vote)
Amendment H: Judicial Discipline Procedures and Confidentiality (55% vote)
Amendment I: Constitutional Bail Exception for First Degree Murder (55% vote)
Amendment J: Repealing the Definition of Marriage in the Constitution (50% vote*)
Amendment K: Modify Constitutional Election Deadlines (55% vote)
Amendment 79: Constitutional Right to Abortion (55% vote)
Vote No/Against:
Amendment 80: Constitutional Right to School Choice (55% vote)
*Amendment J passes with 50% of the vote because it is “removing” language from the Constitution. Other Amendments require 55% because they are “adding” language to the Constitution.
Amendments to the Constitution by Legislative referral are assigned a Letter. Amendments to the Constitution through citizens’ petition process are assigned a Number.
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AMENDMENT G: Modify Property Tax Exemption For Veterans with Disabilities (55% vote)
In 2022, Colorado voters adopted an Amendment that extended Colorado’s property tax exemption to Veterans with 100% permanent and total disability (along with Gold Star spouses). This 2024 Amendment further extends the 2022 language to include disabled Veterans whose disability is rated as “Total Disability Individual Unemployability” (“TDIU”).
The TDIU rating covers Veterans who are unable to work a steady job to support themselves financially because of a service-connected disability. This may cover an estimated 3,700 more disabled Veterans in Colorado.
Colorado’s property tax exemption applies to 50% of the first $200,000 of a home’s value. An estimate of the “average” tax reduction for such exemption is around $590. The state reimburses local governments for lost revenues. This may total $1.8 million in the state budget.
A Yes/For Vote: Extends the reduction in property taxes for Veterans whose disabilities make them unemployable, and thus not able to hold a steady job to support themselves financially. This recognizes the seriousness of this kind of service-connected disability.
A No/Against Vote: Will keep the current language limiting the exemption to 100% permanent and total disability which is a medical determination unrelated to employability.
The Colorado Democratic Party recommends a Yes/For Vote on Amendment G.
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AMENDMENT H: Judicial Discipline Procedures and Confidentiality (55% vote)
This Amendment creates an independent Adjudicative Board made up of 4 citizens, 4 lawyers, and 4 district court judges to conduct hearings for ethical misconduct involving judges.
Currently, the Colorado Supreme Court and Governor appoint a Commission to investigate and make initial recommendations for disciplinary hearings in regard to complaints against judges. Such hearings are held by other judges appointed by the Colorado Supreme Court.
This Amendment restructures the process so that the Adjudicative Board presides over the judicial discipline hearings and imposes sanctions as necessary, thus separating these decisions from the Colorado Supreme Court and its appointed judges.
In this proposed process, Colorado judges themselves no longer have direct and complete influence and oversight over discipline of their own colleagues. This proposal leads to more transparency and information for the public. The estimated cost for this independent Board is approximately $50,000 per year (covering compensation and training).
A Yes/For Vote: Will enhance public confidence in the courts by involving non-judges in the Adjudicative Board process and will improve public access to such information. The judicial branch recommends this process as increasing transparency, integrity, and independence in hearings involving charges of ethical misconduct by judges.
A No/Against Vote: Maintains the current process with judges investigating and determining sanctions for their own colleagues, and the public may have less access to such information.
The Colorado Democratic Party recommends a Yes/For Vote on Amendment H.
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AMENDMENT I: Constitutional Bail Exception for First Degree Murder (55% vote)
This Amendment restores the ability of judges to deny bail to people charged with first-degree murder -- as long as the “proof is evident and the presumption is great” that the person committed the offense.
This is a question of bail versus pre-trial detention in first-degree murder cases which would previously have qualified as “capital” offenses. Before 2020, there was no bail allowed for “capital” offenses, as provided in the State Constitution.
Then, in 2020, the removal of the death penalty in Colorado automatically eliminated “capital” punishment, and thus inadvertently removed a judge’s ability to disallow bail in what would be a “capital” case.
Thus, this correcting Amendment restores the ability of judges to deny bail in these cases -- which was the original intention in the State Constitution.
These types of cases already are time intensive when they occur. Any additional time involved in applying consideration of pre-trial detention is anticipated to be comparatively minimal and not a significant impact on state spending.
A Yes/For Vote: Restores a longstanding statewide legal precedent allowing judges to deny bail in cases that would have been “capital” cases, specifically first-degree murder where the “proof is evident and the presumption is great” that the person committed the offense. This allows judges disallowance of bail as necessary when there is a high standard of danger to the public, but does not require disallowance when such “presumptions” may not be present.
A No/Against Vote: Is based on the concern that persons may serve time in pre-trial detention and ultimately be found not guilty.
The Colorado Democratic Party recommends a Yes/For Vote on Amendment I.
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AMENDMENT J: Repealing the Definition of Marriage in the Constitution (50% vote)
This Amendment repeals the Constitutional language stating that only a union of one man and one woman is a valid or recognized marriage in Colorado. Such language was introduced into the Colorado Constitution in 2006, and such language subsequently has been declared unconstitutional by state and federal courts.
Repealing that specific and restrictive definition protects the rights of same-sex marriage for residents of Colorado. This aligns with such rights that are currently protected by state and federal court rulings and by federal law.
2014 and 2015 rulings by the Colorado Supreme Court and the U.S. Supreme Court ruled that same-sex couples had the right to marry, and in 2022 the U.S. Congress repealed the ban on same-sex marriage from federal law.
Because such current language in the Colorado Constitution has been held as unconstitutional by state and federal courts, same-sex couples do legally marry in Colorado. However, to protect the rights of same-sex couples, the current language in the Constitution needs to be repealed.
A Yes/For Vote: Removes language legally ruled unconstitutional. It also protects marriage equality in Colorado and protects the rights of same-sex couples who are legally married in Colorado.
A No/Against Vote: Keeps the restrictive language regarding marriage in the Colorado Constitution, which language already has been ruled as legally unconstitutional.
The Colorado Democratic Party recommends a Yes/For Vote on Amendment J.
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AMENDMENT K: Modify Constitutional Election Deadlines (55% vote)
This Amendment moves up deadlines one week earlier for (1) persons submitting signatures for ballot initiatives and referenda petitions, and (2) judges filing declarations of intent for another term. It also requires that the content of ballot measures be published in local newspapers 30 days earlier.
This modification of deadlines is to allow election officials and legislative staff more time to format, translate and review ballot issue language before publishing and sent to voters. This additional time has been needed as ballots have grown in length and in complexity.
A Yes/For Vote: Results in one week earlier deadlines to assure that election officials and staff have sufficient time to assure accuracy in ballot language and adequate translation, and provides for more time for publication in newspapers.
A No/Against Vote: Maintains the current Constitutional deadlines.
The Colorado Democratic Party recommends a Yes/For Vote on Amendment K.
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AMENDMENT 79: Constitutional Right to Abortion (55% vote)
This Amendment adds language supporting the Constitutional right to access abortion healthcare. Colorado has recent statutes on the books supporting reproductive healthcare in Colorado, including access to abortion care, but statutes can be easily overridden by subsequent legislative and government officials. Constitutional language changes must be approved by Colorado voters so cannot be easily changed or revoked.
Put very bluntly, abortion and other reproductive care is healthcare, and many times is necessary to save women’s lives. Sadly women have suffered severe injury, sepsis, lack of future child-bearing, or even died from lack of reproductive healthcare in states not allowing access to any care that remotely could be interpreted as care involved in an abortion procedure. This includes care involved with naturally occurring miscarriages and ectopic pregnancies that can be life-threatening to women.
This Amendment also repeals the existing Constitutional ban on state and local government funding for abortion services. The Blue Book does not estimate any fiscal impact to this Amendment as funding may depend on insurance policy coverage and other federal/state rules.
A Yes/For Vote: Recognizes that reproductive care, including abortion care, is a decision between a woman and her doctor, and the government should not be in the exam room making the decision for her. Access to this care was a woman’s Constitutional right nationally for almost 50 years before overturned by the Dobbs decision by the U.S. Supreme Court in 2022. This also repeals the ban of any state or local funding that may be available.
A No/Against Vote: Will not restore Constitutional protection to women in the State of Colorado. It also continues the ban on any state or local funding to these kinds of healthcare services.
The Colorado Democratic Party recommends a Yes/For Vote on Amendment 79.
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AMENDMENT 80: Constitutional Right to School Choice
Colorado’s Constitution already guarantees a free education in its public schools, regardless of whether a student lives in the specific school district. Colorado also already has school “choice” statutes that allow parents to choose many public school options, or to choose to educate their children in charter schools, private schools or in home schooling. However, public funding must stay with public schools.
What this Amendment appears to do is to turn the Colorado K-12 education system into a backdoor “voucher” system that would provide State funds to private schools. This would divert public money to private schools that would severely underfund Colorado’s public school system.
This Amendment is likely to require Court interpretation because of Colorado’s current laws prohibiting public funds from supporting private schools.
A Yes/For Vote: Would likely divert public moneys to private schools, thus severely decreasing funding for public schools. It would also require Court decisions about this Amendment’s conflict with current Colorado laws.
A No/Against Vote: Will preserve Colorado’s free public education system. This will still allow choices for students going to private schools or home schooling. However, public funds will not be allowed to be diverted to private schooling.
The Colorado Democratic Party recommends a No/Against Vote on Amendment 80.