Denver Voters Face Big Issues and a Very, Very Long Ballot

10/01/2024  |  by Todd Engdahl

Referred Question 2Q puts Denver Health on the ballot this year. Learn about this measure and what else voters will be deciding this election season. Front Porch photo by Christie Gosch

Colorado voters are being asked to make significant policy decisions on a very long list of 2024 ballot measures, and the heaviest responsibility falls on Denver citizens.

There are 14 statewide ballot measures to be decided, and Denver voters face 12 more, most of them placed on the ballot by the city council, the Denver school board, and the Regional Transportation District. That’s significantly more local measures than voters will face in Colorado’s other two largest cities, Aurora and Colorado Springs.

The measures take up four full pages of the city’s sample ballot.

The phrase “ballot measure” often brings up images of interest groups gathering signatures to put pet proposals on the ballot. There’s some of that this year, but the primary promoters of ballot measures are elected representatives in the legislature and Denver city council. Seventeen of those 26 measures were placed on the ballot by government bodies.

This year’s ballot measures touch on a wide range of vital public issues, including elections, school choice, homelessness, abortion, gay marriage, affordable housing, taxes on guns, and crime.

ELECTIONS

Proposition 131 – The proposed change to state law would make major changes to how voters choose candidates in both primary and general elections for most state offices.

This initiative has the potential to transform Colorado politics, the types of candidates who are elected, and the roles of the Democratic and Republican parties—plus create new challenges and costs for election officials.

Maybe.

Here’s the background needed to understand why the future of this measure is clouded.

The current system – Major-party candidates for office get onto state primary ballots through nomination at party assemblies or by gathering the legally required number of signatures. The candidate receiving the most votes in the primary—even if only a plurality—wins. Voters registered as Democrats or Republicans can vote only in their own party’s primary. Voters registered as unaffiliated can choose to vote in either major party’s primary, but only one or the other.

In the general election, the candidate receiving the most votes wins office. Most elections also have minor- party candidates for some offices, who usually get on the ballot by petition. They almost never win.

Some local government offices, such as school boards, are officially non-partisan, so election procedures are somewhat different. And in some cases, like Denver mayor, there’s a runoff election if no candidate receives more than 50 percent of votes the first time around.

What 131 would do – The proposition would significantly change procedures for both primary and general elections.

In the primary, all Democratic and Republican candidates would be on the same ballot. (Candidates would continue to gain a ballot position by party assembly nomination or petition.) All voters—Democratic, Republican, and unaffiliated—would receive the same ballot and vote for whomever they want.

If there are enough candidates, the four receiving the most votes for an office would advance to the general election. It’s possible all of those would be of the same party.

In the general election, voters would rank candidates in order of preference. Here’s what would happen, in the words of a legislative staff analysis of the measure: “The candidate with the majority of first-preference votes at the end of the ranked voting is elected. If there are more than two candidates and no single candidate wins a majority of first-preference ranked votes, the candidate with the fewest first-preference votes is eliminated, and those votes are counted for the next-ranked active candidate. This process continues until a single candidate wins the majority of the remaining votes.”

What offices would be covered – The new system would apply only to elections for the U.S. Senate and House of Representatives, governor, secretary of state, state treasurer, attorney general, state senators and representatives, and members of the State Board of Education and the University of Colorado Board of Regents.

Who’s behind 131 and why – The primary advocate for the measure is Kent Thiry, the wealthy former CEO of kidney dialysis giant DaVita. He’s contributed heavily to Colorado Voters First, the campaign organization, and the effort has drawn other wealthy backers. The committee has used consultants with both Democratic and Republican backgrounds. Thiry has long been critical of the tone and divisiveness of contemporary politics and argued that could be improved with new voting systems. Supporters of the measure have amassed a significant war chest and started television advertising in September.

So why is it only “maybe” that the proposition will transform Colorado politics?

The proposal has been greeted skeptically by Democratic politicians and progressive groups. (Republicans seem too consumed by their intra-party civil war to take an interest in this measure.) Late in the legislative session last spring, Democrats slipped something of a “poison pill” into SB 24-210, a measure that included several other election-law changes.

That last-minute provision basically requires that 12 Colorado cities conduct ranked-choice elections as a kind of trial run before any statewide system can be rolled out, even if approved by voters. Democratic Gov. Jared Polis objected to that amendment but didn’t veto the bill. If voters pass Proposition 131, he’s vowed to ensure it is implemented no later than 2028, his last year in office.

ABORTION

Amendment 79 – Voter approval of this statewide amendment would create a constitutional right to abortion; prohibit state and local governments from denying, impeding or discriminating against exercise of that right; and allow abortion to be a covered service under health insurance plans for state and local government employees and for people enrolled in state and local governmental insurance programs.

Abortion, of course, is a major issue nationwide in the 2024 elections, including the presidential race. Since the U.S. Supreme Court overturned Roe vs. Wade in 2022, voters in some states have approved pro-choice constitutional amendments, and such measures are on the ballot in several other states this year.

In many cases those measures seek to overturn bans enacted by Republican legislatures, and anti-abortion groups have challenged such measures in court, mostly without success.

But this issue is lower-key this year in Colorado, where demographic and political changes in recent years have made the state reliably Democratic and pro-choice. But, expect to see plenty of advertising from supporters of the measure.

SCHOOL CHOICE

Amendment 80 – This proposal would add language to the Colorado constitution that would establish a right to school choice for students in kindergarten through 12th grade and specify that school choice “includes neighborhood, charter, and private schools; home schooling; open enrollment options; and future innovations in education.”

Colorado has a history of friendly policies for school choice that dates back to the 1990s. Students can transfer among districts fairly easily, there are charter schools both within districts and under the supervision of the state Charter School Institute, individual district schools can gain waivers from state education laws, there’s wide availability of online education, and state law protects home schooling.

But there’s still a tug of war between some school districts and Democratic legislators with charters and school choice advocates, usually over the finer points of charter regulation and funding.

The measure is being pushed by Advance Colorado, a well-funded conservative advocacy group that’s made a specialty of flooding the zone with ballot measures in recent years. It also was behind the withdrawn property tax measures (see Taxes section below.)

Supporters argue school choice needs constitutional protections against encroachments. But opponents, like the Colorado Education Association teachers’ union, fear the amendment is a stalking horse for school vouchers.

And several observers think the measure would just open the door to an endless series of court cases because it doesn’t really define what should happen if parents feel they’re being denied educational choice.

ANIMAL RIGHTS

Just three years after a sweeping animal protection proposal was thrown off the ballot for technical legal reasons, Denver voters this election face three animal protection measures, one statewide and two local. All were placed on the ballot by petition.

Proposition 127 – This measure proposes a statewide ban on the hunting of mountain lions, lynx, and bobcats (with exceptions for protection of human life, property, and livestock), makes doing so a misdemeanor crime, and sets fines and other penalties for people convicted of that crime. This changes state law, not the constitution.

Denver Initiated Ordinance 308 – If passed this proposal would ban the sale and production of new animal fur products within the city.

Denver Initiated Ordinance 309 – Despite Denver’s history as a major center for livestock sales and meat packing, only one slaughterhouse remains in the city, the Superior Farms lamb processing plant in the Globeville neighborhood. It’s the largest lamb plant in the nation. The ballot measure would ban slaughterhouses within city limits starting in 2026, closing Superior and barring new plants from the city in the future.

Passage of the measure would close an employer in one of the city’s poorest neighborhoods with a workforce that is heavily minority.

TAXES

Ballot measures about taxation are a regular feature of state and local elections because the state constitution requires voter approval for tax-rate increases and a variety of other tax-related issues.

This year is no exception­—12 measures on taxes and government finance face Denver voters.

But it’s worth noting that what would have been the most significant tax issues of 2024 will not be on statewide ballots. Two proposals that were designated Amendment 50 and Proposition 108 were pushed by two conservative groups and would have put significant limits on local property tax revenues, and both had sufficient petition signatures to be placed on the November ballot. State leaders were concerned passage of the two would seriously disrupt state and local government finances, and the legislature approved its own limits on the growth of property tax revenues during a special session in late August. That mollified the two interest groups, and they withdrew 50 and 108 from the ballot.

Here are the dozen remaining tax issues on Denver ballots:

Proposition JJ – In 2019 state voters legalized sports gambling in casinos and online, with annual tax revenues of $29 million allocated to water projects. Actual revenue from the tax now exceeds the $29 million by about $1 million and is expected to grow more in subsequent years. The statewide ballot measure asks voters to approve state retention of revenues above the $29 million.

Proposition KK – Placed on the ballot with the votes of legislative Democrats, the measure proposes a 6.5 percent additional sales tax statewide on guns, gun parts and ammunition. The tax would be borne by firearms manufacturers, dealers, and ammunition vendors.

The tax would raise an estimated $39 million annually at the start, with those revenues earmarked for mental health services, school safety, gun violence prevention, and services for victims of domestic violence and other violent crimes.

The Democratic-controlled legislature has passed numerous gun-control bills in recent sessions, but this is the first tax-related proposal.

Referred Question 2Q – Denver Health, the state’s primary provider of hospital services for low-income and indigent patients, faces significant financial challenges because it provides a lot of uncompensated care. This Denver measure proposes to increase city sales taxes by 0.34 percent, raising $70 million a year for the health system.

Referred Question 2R – Homelessness and the broader issue of affordable housing have been major challenges for Denver in recent years. This city proposal by Mayor Mike Johnston was debated extensively by the city council before members placed it on the ballot. If passed, it would create a dedicated sales tax of 0.5 percent, estimated to raise $100 million a year to build, buy, and maintain affordable housing units.

A note on overall sales taxes: Denver’s current sales tax rate is 4.81 percent for various city services, but the total rate is 8.81 percent, including non-city taxes such as state, RTD, and the Scientific and Cultural Facilities District. So if both 2Q and 2R pass, the total rate will be 9.66 percent.

Ballot Issue 6A – This measure would expand the area in central Denver where Downtown Denver Development Authority bond financing can be used, without raising taxes. (Only residents of DDDA are allowed to vote.)

DENVER PUBLIC SCHOOLS

Ballot Issue 4A – The District seeks renewal of $975 million in existing bonding authority. This will not raise existing property taxes, but those taxes would go down if the bonding authority isn’t renewed. The revenue would be used for a wide variety of building projects, including air conditioning for older schools, a major concern in DPS

REGIONAL TRANSPORTATION DISTRICT

Ballot Issue 7A – Like all levels of Colorado government, RTD is subject to the Taxpayer Bill of Rights (TABOR), which sets limits on annual growth of government revenues and requires refund of excess revenues to taxpayers. However, TABOR allows government units to waive those limits and retain excess revenues if voters approve. RTD has a variety of revenue sources, including fares and a 1.1 percent sales tax in the agency’s multi-county district. If this measure passes, it would free about half of RTD’s revenue, some $670 million, from TABOR limits. Passage would not increase that sales tax rate.

If Question 7A on the November 2024 ballot fails, about $670 million, or half of RTD’s annual revenue, would be subject to revenue limits set by TABOR.

The Rest of the Ballot

As the cheesy salesmen on TV ads used to say, “But wait, there’s more.”

There are another 13 measures on Denver ballots that may seem minor or technical, but most—10 to be exact—are on the ballot because they propose to change language in the Colorado Constitution or the Denver City Charter, and any changes in those documents must be approved by voters.

Here are those proposals:

(Measures titled “amendment” were placed on the ballot by the legislature. “Initiatives” were proposed by interest groups that gathered petition signatures to get their measures on the ballot. Amendments that add new language to the constitution require 55 percent of votes to pass.)

Several of the measures on the ballot this year were placed by lawmakers at the state Capitol. Front Porch photo by Christie Gosch

Amendment G – This would extend the state’s property tax exemption program to veterans who have disabilities that are not service-related but that prevent them from working.

Amendment H – The measure proposes creation of an independent state judicial discipline board and sets standards for disciplinary review of judges.

Amendment I – Under this measure, bail could be denied to defendants accused of first-degree murder in cases where “evidence or presumption is great,” in the words of the ballot summary.

Amendment J – In 2006, Colorado voters narrowly approved a constitutional amendment that defined marriage as only between a man and a woman. A 2015 U.S. Supreme Court ruling overrode that ban on gay marriage, as well as those in other states. This amendment would remove the 2016 language from the state constitution and ensure that gay marriage would be recognized in Colorado regardless of what a future U.S. Supreme Court ruling might do. (Because this removes language from the state constitution rather than adding any, it requires only a simple majority to pass.)

Amendment K – The proposal would require earlier dates for filing of initiative petitions and for publication of the state guide to ballot measures, known as the “blue book.”

(The following three measures would change state law, not the constitution, so they require only simple majorities to pass.)

Proposition 128 – This would require that defendants convicted of various crimes of violence serve 85 percent of their prison sentences before becoming eligible for parole. Some multiple offenders would be required to serve their full sentences.

Proposition 129 – The measure proposes creation of a new regulated profession of veterinary professional associate and would set standards for licensing. Associates could practice under supervision of a licensed veterinarian.

Proposition 130 – If passed, this would require the legislature to appropriate $350 million from existing revenues to help support police training and recruitment, as well as provide bonuses and training and provide death benefits for first responders killed in the line of duty.

All of these measures are proposed changes to the city charter.

Referred Question 2S – The proposal would create a Department of Human Rights and Community Partnerships as a cabinet-level city agency, elevating the status of existing agencies.

Referred Question 2T – The current requirement that city police and firefighters be U.S. citizens would be removed by this amendment.

Referred Question 2U – If passed, this measure would expand the number of city employees eligible for collective bargaining. About 3,000 employees are covered now; this would add some 7,000 additional employees.

Referred Question 2V – The measure would require binding arbitration when certain issues arise during collective bargaining between the City and firefighters.

Referred Question 2W – This proposal would change the timing and mechanism for setting the salaries of elected city officials.

Resources

Non-partisan state analysts publish detailed guides to ballot measures for every election, which are compiled in what’s known as the “Blue Book.” Get links to the “Blue Book” and other information here: https://tinyurl.com/FrontPorchBlueBook

Get more information about Denver’s 2024 election here: https://tinyurl.com/FrontPorchDenverElection

There’s also a Denver sample ballot available online: https://tinyurl.com/FrontPorchDenverSampleBallot

Join Front Porch, the MCA, and the League of Women Voters for a Ballot Information Night on Wed., Oct. 16 at The Cube, 8371 Northfield Blvd. Doors open at 6:30pm, event begins at 7pm.

Todd Engdahl is the owner and editor of Capitol Editorial Services, which provides private clients with research, reports and news on the state budget and other issues at the Colorado legislature. He’s the former executive city editor of The Denver Post, launched DenverPost.com in 1995 and was a co-founder of the website Education News Colorado.

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