Coloradans love making their own laws. Here’s how citizen-led measures make it on your ballot
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DENVER — This November, Colorado voters will decide on 14 statewide ballot measures, from a constitutional right to abortion to ranked-choice voting to a ban on trophy hunting.
Voting by ballot measure is a form of direct democracy in which voters themselves — rather than elected officials — vote on policies and legislative issues.
The idea of voting by ballot measure was introduced in Colorado in the late 1800s by a local chapter of the Direct Legislation League, a progressive and populist organization that actively lobbied for direct democracy reforms.
Some of the earliest ballot measures in Colorado led to the creation of juvenile courts and an eight hour workday for miners.
Since the 1880s, Colorado has passed historic legislation via ballot measure.
In 2012, Colorado became the first state in the U.S., along with Washington, to legalize recreational marijuana for adults, a measure initiated by Colorado citizens. Nearly half the states in the country have since followed suit with similar laws.
“I’d like to continue to challenge us to be more open to ending the war on drugs because the war on drugs is a war on Black and brown people,” Wanda James, the CEO of Simply Pure, told Rocky Mountain PBS 10 years after marijuana legalization passed. Simply Pure became the first Black-owned cannabis dispensary in the country, based in Denver.
In 2016, in another historic ballot measure vote, Colorado legalized physician-assisted suicide for terminally ill patients, becoming the sixth state in the U.S. to legalize the practice.
Some ballot measures have been highly controversial, including the 2020 proposal to reintroduce gray wolves to the state after they had been functionally extinct. The measure passed narrowly with 51% of voters in favor, and left many ranchers and livestock associations up in arms.
“It's not that we don't like wolves. I like all animals, but they are and will be a threat to our livelihood,” said John Field, a sheep rancher and president of the Colorado Wool Growers Association. “Our sheep guys up in the Northwest haven't been impacted that much yet that I know of, but the cattle guys are taking it pretty hard.”
In 1992, citizens placed TABOR, which stands for the taxpayer bill of rights, on the ballot and won, limiting the amount of revenue the state can retain and spend, and requiring voter approval for tax increases. TABOR is the only measure of its kind in the U.S., and critics have argued the amendment chronically underfunds critical state services.
“This year, the state had a nearly $2 billion surplus, but we had to give most of it back,” said Melissa Mares, director of early childhood initiatives at the Colorado Children’s Campaign. “And so effectively, we have nearly no money for any kind of new program or to expand any program that might be helpful to families, like preschool.”
Here are five facts to know about ballot measures in Colorado.
1. Initiatives in Colorado can be proposed by citizens…
Colorado is one of 26 states that allow for citizen-led initiatives.
The process for citizens to get measures on the state-wide ballot is extensive, and requires filing the proposed measure with legislative council staff, who hold a public hearing and review it; getting the language approved by the state’s title board (who check to make sure the language is clear, brief and phrased with a yes or no answer); collecting at least 124,238 signatures (equal to 5 percent of the total number of votes cast in the preceding general election) which citizens have six months to collect; and then getting those signatures verified by the Secretary of State’s office.
The Secretary of State’s office reviews every signature for constitutional measures — and a random sample of 5 percent of signatures for statutory measures.
There are no fees entailed with getting a measure on the ballot.
The title board was extremely busy this year, said Jack Todd, communications director at the Colorado Secretary of State’s office, which administers statewide elections and certifies statewide ballot content and election results. “There are signs that people are wanting to pursue citizen-initiated ballot measures more.”
Todd said the title board, a group made up of the secretary of state, the attorney general, and the director of the office of legislative legal services, had reviewed 184 titles by August. An additional 30 more were filed but ultimately withdrawn.
… or by the legislature, called “legislative-referred measures.”
The Colorado General Assembly may also refer measures to voters. Constitutional measures — those that amend the state constitution — require a two-thirds vote by both houses to make it onto the ballot; statutory measures — those amending state law — require a majority vote by both houses to make it to the ballot.
In November, voters will vote on 7 statewide ballot initiatives referred by the legislature.
2. Lettered measures are different than numbered measures and indicates where the ballot initiated
If a ballot measure has a number, such as Proposition 100 or Amendment 28, it means the proposal was placed on the ballot by citizens.
Those with numbers 1-99 are measures amending the state’s constitution, such as amendment 43 which passed in 2006 and defined marriage as between a man and a woman (note: on this November’s ballot, voters will be able to vote to repeal that definition from the state Constitution, under Amendment J).
Measure with numbers 100-199 are propositions to change state law, such as 2022’s Proposition 122 decriminalizing psychedelic mushrooms.
If a statewide ballot measure has a letter, it means it was referred by the Colorado General Assembly. Measures amending the constitution have one letter (e.g. B) and measures amending state law have two letters (e.g. BB).
The letter and number assigned continues from the previous election, and they’re assigned by the order they are received and deemed sufficient to appear on the ballot.
3. The types of proposals that can appear in even years are different than the types of measures that can appear in odd years.
Statewide ballot measures can appear in every general election, which is every November of even years. They may also appear on ballots in the November election of odd years, when there are special elections called “coordinated elections.” During coordinated elections, ballot measures can only address issues related to taxation, fiscal matters and TABOR.
At the county and municipal levels, there may be more frequent measures on the ballot throughout the year.
4. Since 1880, there have been a total of 508 statewide ballot measures in Colorado, with slightly more rejected (276) than accepted (232)
The majority of statewide measures have addressed taxation, state government and elections. But some measures have covered varied issues such as abortion (e.g. Amendment 3, passed in 1984, prohibiting the use of public funds for abortion, which this year’s ballot measure, Amendment 79, is trying to undue) and alcohol (e.g., Prop 126 which failed in 2022, but would have allowed bars and restaurants to allow alcohol takeout and delivery).
5. Counties and municipalities have their own rules governing the ballot initiative process.
There are 64 counties in Colorado that can also put forth their own ballot measures, along with the state’s various municipalities. Each of those localities individually oversees and regulates the process.5. Counties and municipalities have their own rules governing the ballot initiative process.
In some cases, ballot initiatives passed at the municipal level later make their way to the state level.
For example, Denver voters in 2019 voted to decriminalize psychedelic mushrooms. In November 2022, a similar measure was placed on the statewide ballot — Prop 122 — which successfully passed.
Read all about this year’s ballot measures here.