Q&A #3: Covering the Colorado Ballot

Here is the third of my responses to election questions posted by readers.

Can you go over all of the items on the Colorado ballot to help us sort through everything? - Kevin

When I first started voting, I realized that I didn't understand the difference between constitutional and statutory amendments. Constitutional amendments go directly into the Colorado Constitution and include detailed provisions that cannot be changed without another election. Statutory initiatives preserve the citizens' right to initiate laws, while giving the legislature flexibility to react when laws require clarification or when problems or unforeseen circumstances arise1. Another thing to understand is that a "No" vote means that you are sticking with the way things are currently set up (No means status quo). Thus, I typically only vote for a constitutional amendment if I truly feel that it is necessary. For most of the amendments on the Colorado ballot this year, I am planning to vote No. Here is an analysis of the statewide ballot.

46: Discrimination and Preferential Treatment by Governments
No
This amendment would eliminate affirmative action by any agency of the state or local government including college admissions. Hate to say it, but discrimination against women and minorities still exists. This is also a constitutional amendment. If it was a statutory amendment, it might be better, as it would allow the legislature to make modifications to the law to provide for needed exceptions. This is also being pushed by Californian Ward Connerly. I think the guy should stick to his own state and stay out of our politics. Quick question. Who has benefited the most from affirmative action since its inception? Answer: white woman. Ladies, you may want to think about future generations of woman and vote "No" for this one.

47: Prohibition on Mandatory Labor Union Membership and Dues
No
Another constitutional amendment. I am pretty much pro-worker, so I am voting against this and the other anti-labor amendments. Colorado has had a pretty good relationship between business and labor over the past 125 years. Why change things in favor of corporate interests? Also, Jake Jabs supports this amendment. He pretty much wants to avoid fair payment and benefits for his employees. If Jake Jabs supports it, vote against it. Check out here to see the diverse (liberal and conservative) groups that are opposed to Amendments 47, 49, and 54.

48: Definition of Person
No
The basic premise of this amendment is to make the new definition of "person" in the state of Colorado start at the moment of fertilization. This constitutional amendment is really vague in its wording. It could prohibit medical care, such as birth control (i.e. methods that prevent implantation of the egg in the uterus), chemotherapy, tubal pregnancies care, and infertility treatments, as medical professionals could be prosecuted for murder or manslaughter. This could cause huge issues related to in vitro fertilization techniques, and I don't have any comprehension about how miscarriages could be considered by the law.

49: Allowable Government Paycheck Deductions
No
This constitutional amendment interferes with public employees ability to make individual choices about paycheck deductions. Although amendments 47, 49, and 54 are supposedly pro-business, you might find it interesting that campaign finance records show donations were received from the Colorado Bankers Association, Western Plains Capital, ProLogis, Vail Resorts, 4334 LLC, Xcel Energy, and Wal-Mart (yup, you read that right) to fight these amendments. Also, see 47 link above.

50: Limited Gaming in Central City, Blackhawk, and Cripple Creek
I don't care
If you like to gamble, vote for this one. If you think that gambling brings to many ills to society, vote against it.

51: State Sales Tax Increase for Services for People with Developmental Disabilities.
I don't know yet.
This is a statutory amendment. I feel like an asshole for not supporting this, as I feel like I am neglecting people in need. However, I don't know if this is the right method for obtaining this funding.

52: Use of Severance Tax Revenue for Highways
No
I work in the water industry, but even if I didn't, I still would be opposed to this constitutional amendment. Amendment 52 diverts money that would help meet Colorado's rapidly growing water demand and maintain its aging water supply system. Half of the money shifted to highway projects under this measure would be available under current law to provide loans and grants for water projects, water conservation, and other programs. A recent study indicated that current and planned water supply projects are likely to meet about 80 percent of the estimated new demand between 2004 and 2030. By shifting over $100 million in the next four years from water projects to transportation projects, Amendment 52 hurts the state's ability to meet long-term water supply needs. It also takes $29 million away from programs such as wildlife conservation, soil conservation, bark beetle control, low-income energy, and zebra mussel control. I hate the congestion on I-70 just
as much as the rest of you, but this amendment actually doesn't guarantee the money will go towards the I-70 ski corridor. I don't think that highway spending should trump all these other needs. Let's allow the legislature to allocate additional funding for I-70 and other transportation projects (or obtain the funding from Amendment 58).

54: Campaign Contributions From Certain Government Contractors
No
Why only certain government contractors and why not all, if you really feel adamant about this constitutional amendment? This amendment would unfairly silence any person, or family member of anyone, who works on a government contract from contributing to a candidate and/or advocating for an issue at any level. Loopholes are built in to this amendment so that the laws will not apply to large corporations such as defense contractors and drug, oil, or energy companies. This constitutional amendment could make it impossible for candidates to raise money through grass roots fundraising for fear of receiving a contribution from someone involved in a government contract. Let us take a hypothetical scenario. I am a part owner of a small environmental firm. I win a bid from the state for a $105,000 mine remediation contract. Under this amendment, neither my wife nor I would be allowed to give a contribution to any political candidate or issue.

58: Severance taxes on the oil and natural gas industry
Yes
This is a constitutional amendment that I can support. As you can probably guess, the oil and gas industry has been pumping millions of dollars into defeating 58. This initiative will eliminate a severance tax credit that was granted to the oil and gas industry back when gas prices were very low. The increased revenue will primarily be directed to college scholarships for Colorado residents attending state colleges and universities - as well as the preservation of native wildlife habitat, enhancements in renewable energy and energy efficiency, transportation projects in counties and municipalities impacted by the severance of oil and gas, and community drinking water and wastewater treatment grants. For comparison, the severance taxes in Colorado are lower than they are in Wyoming. The oil industry isn't going to be hurting because of this.

59: Eduction funding and TABOR Rebates
Yes
Douglas Bruce is opposed to this one, so I am going to vote for it! This amendment creates a savings account for public education. It dedicates a permanent source of funding to public education, preserves the right of citizens to vote on taxes, and untangles the fiscal knot in Colorado's constitution, as TABOR limits spending growth while Amendment 23 requires spending increases in education. This amendment does not increase taxes, but places money collected above the spending limits of TABOR to be used for education (essentially this takes over for Ref. C, which is due to end in a couple of years).

Referendums
L: Qualifications for serving in the State Legislature
Yes
I don't see why a person age 21 or higher should not have the opportunity to run for office in the state legislature.

M: Obsolete Constitutional Provision Relating to Land Value Increases
Yes
This removes an obsolete provision from the constitution.

N: Obsolete Constitutional Provision Relating to Alcohol Beverages
Yes
This removes an obsolete provision from the constitution.

O: Citizen-Initiated Laws
Yes
This makes it a little tougher to get a constitutional amendment put on the ballot and a little easier for a statutory amendment. Just looking at the number of constitutional amendments this year, and you realize that it isn't all that tricky to do.

Remember - a No vote means status quo, Yes means that you really want to change something, and abstaining from voting means you are leaving it up to others to decide.

Colorado Ballot Information Booklet