Demystifying the ballot
The Durango Telegraph tackles the 2008 ballot measures

by Missy Votel

We’ve seen upper-level physics books that were less daunting than this year’s statewide ballot. With 14 proposed constitutional amendments and four referenda (for the record, referenda are “referred” by the state Legislature whereas amendments are citizen-driven initiatives that appear via petition) this year’s ballot is not for the faint of heart.

But before we dive headlong into the nuts and bolt, let’s have a quick history lesson on why and how these measures came into being. Originally, initiatives and referenda were concocted as two tools of direct democracy put into the Colorado Constitution during the Progressive Era at the turn of last century. The people of Colorado felt, with reason, that their Legislature at the time was controlled by railroads and Eastern interests. Initiatives were a way to create laws on their own, without relying on what they felt was a corrupt Legislature.

Alas, don’t think of these measures as the “vegetable” portion of the ballot, to be skipped over in favor of the much more tasty, big candidate “dessert” choices. These measures affect the schools you or your kids attend or will attend, the roads on which you drive, the air you breathe, the water you drink, your civil rights, and the welfare of disabled citizens. The failure of ordinary folks to vote on these issues only paves the way for special interests to make a profit at our expense or advance an ideology not necessarily reflective of our own.

Below, you will find a brief synopsis of each measure. Although we hope to give enough information to help people make their own informed decision, we’ll also offer our opinion as well as a web link for further research.

While we like to call this a “cheat sheet,” do not try to sneak it into the polling booth. Rather, the League of Women Voters offers an official, fully sanctioned cheat sheet for Election Day cramming. It can be found inside the front cover of their Blue Book, which should have arrived in the mail a few weeks back.

For those who don’t enjoy waiting in long lines to exercise their patriotic duty, we encourage mail-in or early voting. Early voting in La Plata County begins Oct. 20 at the La Plata County Courthouse. Mail-in ballots can be procured by mailing an application to the La

Plata County Clerk’s Office (1060 E. Second Ave., Durango, 81301) by Oct. 28 or can be picked up in person at the courthouse by Oct. 31. Application forms are available at the courthouse or can be printed online at the LWV website at www.lwvlaplata.org .

Completed ballots must arrive (either via mail or hand delivery) at the County Clerk and Recorder’s Office on or before 7 p.m. on Tues., Nov. 4 – which, of course, is Election Day.

And, most importantly, don’t forget your “I Voted” sticker, which will leave you with a warm, fuzzy feeling of accomplishment and civic pride and may even earn you free swag at local eating and drinking establishments.

• Amendment 46: Seeks to prevent the state government from using affirmative action programs. Universities and other government institutions would not be able to take race or gender into consideration when granting admission, contracts or other benefits. Conservatives generally support this amendment, and those on the left side of the spectrum generally oppose it.

How we’re voting: No. Until we can be completely sure discrimination has been erased from the face of the Colorado, we see a legitimate need for affirmative action. Besides, Colorado law is already narrowly tailored to correct the effects of past discrimination. For info, see http://votenoamendment46.com.

• Amendment 47: Seeks to prevent unions from bargaining for something called a “union shop” and would end a requirement that employees in unionized businesses pay dues to the union that negotiates on their behalf, whether a member or not. Supporters say the amendment is about employee freedom while opponents argue it will hurt workers by making it harder for unions to operate and bargain for better wages and benefits.

This proposal is called “Right to Work” and has been proposed numerous times in the Legislature but has never passed. Employees tend to earn less money and have fewer benefits in “Right to Work” states, which are considered “business friendly.” Unions call it the “Right to Work for Less.”

On Oct. 2, labor and mainstream business communities announced an agreement for labor to withdraw Amendments 53, 55, 56 and 57, and most of the business community has agreed to oppose 47, 49 and 54, thus ending a game of “chicken” that likely would have been bad for Colorado. The governor and business community asked proponents of 47 to withdraw it when labor withdrew its amendments, but the Pro-47 camp refused.

How we’re voting: No. Most of the business and labor community interests feel there is an imbalance between labor and business in Colorado. In other words, if it’s not broken, don’t fix it.

• Amendment 48: The so-called “personhood” constitutional amendment would declare life as beginning at the moment an egg is fertilized. The intent is to create a test case in Colorado to challenge “Roe v. Wade.” Under this amendment, any decision to end a pregnancy would be considered murder and punishable by law.

Proponents say it is necessary to create a baseline from which to work to protect all life. Opponents argue it “goes too far,” failing to protect a woman’s choice in the instances of rape, incest, ectopic pregnancies, in vitro fertilization and even birth control methods that prevent a fertilized egg from implanting in the uterus.

How we’re voting: No. A major step backwards that could threaten a woman’s right to choose, not to mention a slap in the face of modern science. www.protectfamiliesprotectchoices.org.

• Amendment 49: Part of the package that business and labor agreed to oppose at a joint meeting earlier this month. The amendment would prohibit governments, from school boards to the state, from making paycheck deductions for union dues. The purpose is to prevent public employees from having their union dues automatically taken as deductions, which are sometimes, in turn, used to lobby the state government. Proponents call this an “unethical circle.” Similar measures have consistently failed in the Legislature.

How we’re voting: No. Another anti-worker measure that is gaining increasing opposition from business leaders not to mention Gov. Ritter as well. www.protectcoloradosfuture.org

• Amendment 50: This measure allows the Front Range gaming communities of Cripple Creek, Black Hawk and Central City to stay open 24 hours, increase stakes from the current limit of $5 to $100, and add additional games. The increased tax revenue generated will go to community colleges. Although the amendment doesn’t mention the Ute casinos in Ignacio and Towaoc, it could lead to $100-betting limits at these casinos as well.

Proponents say it is a good way to raise money for education without increasing taxes, while opponents say it will lend to a “Las Vegas style” atmosphere as well as associated social ills.

How we’re voting: Yes. Although a

tricky trade off, $100 bets are still among the lowest in the nation. Plus, we figure the Las Vegas-style societal ills will be balanced out by the increased education factor.

• Amendment 51: Would raise state sales tax from 2.9 percent to 3.1 percent in order to provide services for people with disabilities (currently the state is 46th lowest in funding disabled people among the states). Currently, thousands of families across Colorado are on a wait list to get their developmentally disabled children into programs that provide a place to live and help with everyday life. The increase amounts to two cents on a $10 purchase.

Proponents say the amendment will go a long way toward helping adults with disabilities, many of whom currently get by with the help of their aging parents or parents who are unable to work or lead normal lives because they spend all day caring for their adult children. Opponents say funds should be found in the state budget, not through a tax increase.

How we’re voting: Yes. In terms of quality of life, this is the best value for your money, and it makes sense as an investment as well. Providing services at an early age to people with conditions like cerebral palsy, autism and Down’s syndrome will significantly reduce the amount of tax dollars needed later for long term care. Anyone with a heart should vote “yes.” For more info, go to http://endcoloradowaitlist.org.

• Amendment 52: Would use severance taxes (taxes paid for extracting minerals, oil and gas from the earth and selling them for private gain) to fund highway construction, with preference going to Interstate 70. Some of the losers, if this passes, would be water projects, wildlife conservation and low-income energy assistance.

Proponents say the measure could raise more than $200 million over the next four years for highways without raising taxes. Opponents say it will compete with Gov. Ritter’s Amendment 58, which seeks to end a tax break for oil and gas and funnel that money into college scholarships.

How we’re voting: No. We do need more money for highway construction, but this does not provide enough and takes away from other worthwhile projects (see Amendment 58). For more info, go to http: //responsiblecolorado.com

• Amendment 53: This measure has been withdrawn. It will appear on your ballot, but the votes will not be counted.

• Amendment 54: Would prevent labor unions and other contractors from making campaign contributions to political candidates under certain circumstances

How we’re voting: No. While money in politics does have a distorting effect and is one of the reasons our government often favors wealthy special interests, this seems to take a disproportionate shot at unions, while having very little effect on businesses. To reduce the influence of money in politics, such limitations should be made across the board and not just leveraged against one group. For more info, go to www.protectcoloradosfuture.org.

• Amendment 55, 56 and 57: These measures have been withdrawn. They will appear on your ballot, but the votes will not be counted.

• Amendment 58: Would eliminate tax breaks for oil and gas production, generating about $300 million for college scholarships, renewable energy development, wildlife habitat, transportation and clean water projects. Proponents, such as Gov. Bill Ritter, point out that Colorado has one of the lowest tax rates on the production of minerals and oil and gas of any of the energy-producing Western states. Wyoming has a tax rate twice that of Colorado and uses the money to send all of its graduating high school seniors with good grades to college. Opponents, such as the oil industry claim (falsely) that the measure would raise taxes. Sen. Jim Isgar, DHesperus, also opposes the measure, saying it could

hurt local governments in gas-producing areas, such as La Plata County, and favors giving the money directly to colleges, versus students.

How we’re voting: Yes. Coloradoans should receive some benefit from the exploitation of the state's natural resources. Think of proceeds going into "human capital" in the form of education, which just may lead to development of the next generation of cleaner energy. For more info, go to www.asmartercolorado.com

• Amendment 59: Basically a measure to “untie” the hands of the state Legislature, which is required not to collect an excess of taxes as per the 1992 Taxpayer’s Bill of Rights, but spend increasing amounts on education (Amendment 23 in 2000).

Referred to as SAFE (Savings Account for Education), this would put money from future TABOR rebates into the State Education Fund. TABOR rebates only occur when the economy is in a boom and the state collects more taxes than it spends. There are no rebates expected in the next few years. TABOR preserves the right of voters to vote on tax increases. Proponents argue that when times are good, the state should prepare for when times are bad so as to avoid cuts in important areas, like education. Opponents argue amendment 58 will take the “teeth” out of TABOR.

How we’re voting: Yes. Scrimping on education is not a good strategy as we try to compete in a global market. Plus, Colorado does a poor job funding education as it is. For more info, go to www.coloradosafe.org

• Referendum L: Would reduce the age requirement for serving in the state Legislature from 25 to 21.

How we’re voting: Yes. Maybe it’ll inspire young people to pay more attention to politics.

• Referenda M and N: Removes obsolete portions of the State Constitution. They are not controversial.

How we’re voting: Yes

• Referendum O: Would decrease the number of signatures needed to put an initiative on the ballot and increase the number of signatures needed to put a Constitutional Amendment on the ballot. Would also increase the number of votes necessary to change an initiative. The idea is to channel more of the initiatives into statutes rather than the Constitution since a Constitution is supposed to expresses broad, general principles rather than detail.

How we’re voting: Yes. considering this year’s monster ballot, could be a step in the right direction

Thanks to Colorado Senate Majority Leader Ken Gordon for his insight and guidance on these topics.