Malcolm Rivera
The Constitution of the State of Colorado is the foundation of the laws and government of the US state of Colorado. It was drafted on March 14, 1876, and approved by Colorado voters on July 1, 1876. As of 2020, the constitution has been amended at least 166 times. There are three ways to amend the Colorado state constitution. First, an initiative may be proposed directly by the people of Colorado, achieve the required number of signatures on a petition (at least 2% of registered voters in each of the 35 state Senate districts), and then be voted on in a state-wide referendum, achieving a 55% majority to be adopted. Second, the state assembly may draft an amendment, approve it by a two-thirds majority vote (66.67%) in each house, and then send it to the voters, who must again approve it with a 55% majority in a state-wide referendum. Third, a state constitutional convention can be called, which requires a two-thirds (66.67%) vote of legislators in each chamber. Notable amendments to the Colorado Constitution include the Taxpayer Bill of Rights (TABOR) in 1992, which limits tax increases without voter approval, and the legalization of medical and recreational marijuana in 2006 and 2014, respectively.
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What You'll Learn
Citizen-initiated amendments
The Colorado Constitution can be amended through three mechanisms: a citizen-initiated process, a legislative process, and a state constitutional convention. Citizen-initiated amendments are a type of ballot measure that allows citizens to directly propose and vote on changes to the state's constitution.
To initiate the process, proponents must first prepare a written proposal, which is then reviewed by the Office of Legislative Legal Services and Legislative Council Staff. The comments and feedback from this review are made public, and proponents can amend their proposal before submitting it to the Secretary of State. If substantial changes are made to the proposal, a new draft must be submitted for another review. However, if the changes are in direct response to the comments and feedback from the initial review, a new review is not required.
Once the proposal is finalized and submitted to the Secretary of State, the process of collecting signatures begins. In Colorado, the number of signatures required for an initiated constitutional amendment is equal to 5% of the votes cast for the Colorado Secretary of State in the preceding general election. Additionally, there is a distribution requirement, meaning that signatures must be collected from at least 2% of the registered voters residing in each of the 35 state Senate districts.
After the required number of signatures is reached, the proposed amendment is placed on the ballot for a statewide referendum. For an initiated constitutional amendment to be approved, it must receive a 55% majority vote, unless it only involves repealing a part of the constitution, in which case a simple majority is sufficient. This process empowers the citizens of Colorado to have a direct say in amending their state's constitution, reflecting the principle of governance by the people.
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Legislative amendments
The Colorado Constitution provides three mechanisms for amending the state's constitution, one of which is the legislative process. The legislative process for amending the Colorado Constitution involves the state assembly drafting an amendment and approving it by a two-thirds majority vote in each house. This amounts to a minimum of 44 votes in the Colorado House of Representatives and 24 votes in the Colorado State Senate, assuming no vacancies. The amendment is then sent to the voters, who must approve it with a 55% majority in a statewide referendum. This is known as a legislatively referred constitutional amendment.
The Colorado Constitution has been amended numerous times through the legislative process. For example, in 1992, voters approved an amendment creating Article X, Section 20, which established the Taxpayer Bill of Rights (TABOR). This amendment limits tax increases every year, making it impossible for the Colorado legislature or other bodies to raise taxes beyond set annual increases without explicit voter approval via referendum.
Another example of a legislative amendment is Amendment 41, passed in 2006, which created an independent ethics commission for state officers to regulate gifts and lobbying. In the same year, the constitution was amended to allow and regulate medical marijuana ("Amendment 20").
More recently, in 2018, voters approved a set of amendments related to congressional apportionment at the state and federal levels, intended to reduce gerrymandering. These amendments were likely proposed and approved through the legislative process, as they involve changes to the state's legislative districts.
It is important to note that the legislative process for amending the Colorado Constitution requires significant support in the state assembly and among voters. This process allows for changes to be made to the state's foundational document while ensuring that those changes reflect the will of the people of Colorado.
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State constitutional convention
The Colorado Constitution provides three mechanisms for amending the state's constitution: a citizen-initiated process, a legislative process, and a state constitutional convention.
The state constitutional convention method involves the state legislature referring a state constitutional convention question to the ballot. A two-thirds (66.67%) vote of legislators in each chamber is required to do this.
Colorado has had one state constitution since it became a state in 1876. The constitution has been amended at least 166 times as of 2020, with voters approving five new amendments as recently as November 5, 2024.
The process for amending the Colorado Constitution through a citizen-initiated process involves an initiative proposed directly by the people of Colorado. The proposal must then achieve the required number of signatures on a petition, which is equal to 5% of the votes cast for the Colorado secretary of state in the preceding general election. Once the petition is deemed sufficient, it is put to a state-wide referendum and must achieve a 55% majority to be adopted, except for amendments that only repeal a part of the constitution, which only need a simple majority.
The legislative process for amending the Colorado Constitution involves the state assembly drafting an amendment and approving it by a two-thirds majority vote in each house. It is then sent to the voters, who must approve it with a 55% majority in a state-wide referendum, with simple majority approval for amendments that only repeal a part of the constitution.
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Petition requirements
The Colorado Constitution provides three mechanisms for amending the state's constitution: a citizen-initiated process, a legislative process, and a state constitutional convention.
The people of Colorado have reserved the right to initiate laws and referendum of laws enacted by the legislature. There are specific requirements that must be met for a petition to be valid and progress to a referendum.
Firstly, the petition must achieve the required number of signatures. In Colorado, this is equal to 5% of the votes cast for the Colorado Secretary of State in the preceding general election. There is also a distribution requirement, meaning signatures must be collected from at least 2% of registered voters in each of the 35 state senate districts. The secretary of state will validate signatures on a petition by random sampling. If the random sample has more than 90% valid signatures, each signature will be checked.
Secondly, the petition must be submitted to the Secretary of State with the correct documentation. This includes the number assigned by the Legislative Council, clearly indicating the draft version, and all designated representative information. The petition must be submitted at least three months and one week before the general election at which they are to be voted on.
Once a petition has been approved, it can progress to a referendum. For a constitutional amendment to be adopted, it requires a 55% majority approval in a statewide referendum, except for amendments that only repeal a part of the constitution, which only needs a simple majority.
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Voter approval
The Colorado Constitution provides three mechanisms for amending the state's constitution, all of which require voter approval. These are:
Citizen-Initiated Process
An initiative may be proposed directly by the people of Colorado, achieve the required number of signatures on a petition, and then be voted on in a statewide referendum, requiring a 55% majority to be adopted. This process is known as an initiated constitutional amendment and is allowed in 18 states. The number of signatures required for an amendment is equal to 5% of the votes cast for the Colorado secretary of state in the preceding general election, with a distribution requirement of signatures from at least 2% of registered voters across all 35 state senate districts. The secretary of state must validate signatures on a petition by random sampling. If the random sample has more than 90% valid signatures, each signature must be checked.
Legislative Process
The state assembly may draft an amendment and approve it by a two-thirds majority vote (66.67%) in each house, which amounts to a minimum of 44 votes in the Colorado House of Representatives and 24 votes in the Colorado State Senate. The amendment is then sent to the voters, who must approve it with a 55% majority in a statewide referendum. This process does not require the governor's signature.
State Constitutional Convention
According to Article XIX of the Colorado Constitution, the state legislature can refer a state constitutional convention question to the ballot, which requires a two-thirds (66.67%) vote of legislators in each chamber.
The Colorado Constitution was first drafted and approved by voters in 1876 and has been amended at least 166 times as of 2020. Notable amendments include the Taxpayer Bill of Rights (TABOR) in 1992, which limits tax increases without voter approval, and the legalization of medical and recreational marijuana in 2006 and 2014, respectively.
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