Colorado 2023 ballot measures

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In Colorado, two statewide ballot measures were certified for the ballot for the election on November 7, 2023.

HIGHLIGHTS
  • The Colorado State Legislature referred a measure to the 2023 ballot that asks voters to either (1) allow the state to retain and spend revenue the state received above the estimated revenue generated from increased taxes on cigarettes and tobacco and nicotine products in Proposition EE and dedicate the retained revenue to fund preschool programs or (2) refund $23.65 million to distributors and wholesalers and reduce the tobacco tax rate by 11.53%.
  • The legislature also referred a measure to the ballot that would reduce the property tax rate and allow the state to retain and spend revenues that it would otherwise be required to refund to residents under the Colorado Taxpayer's Bill of Rights (TABOR), to give local governments to make up lost tax revenues from the property tax rate reduction.
  • Want to learn more about ballot measures in other states in 2023?

    • You can find a list of 2023's certified statewide ballot measures here.
    • You can find a list of 2023's certified local ballot measures here.
    • Here is a list of bills and resolutions passed passed in 2023 to change the laws governing ballot measures.

    On the ballot

    Type Title Subject Description Result Yes Votes No Votes

    LRSS

    Proposition HH Property and Taxes Enact changes to state property taxes and revenue limitations, including reducing property tax rates and allowing the state government to retain revenue that would otherwise be required to be reimbursed under TABOR

    Defeated

    682,667 (41%)

    995,259 (59%)

    LRSS

    Proposition II Taxes and Tobacco Allow the state government to retain and spend surplus revenue obtained from the higher taxes on cigarettes, tobacco, and nicotine products, as outlined in Proposition EE of 2020

    Approveda

    1,130,047 (68%)

    543,405 (32%)


    Potential measures

    For 2023, measures that were certified for the ballot are available here, and measures that failed to make the ballot are available here.


    Getting measures on the ballot

    See also: Signature requirements for ballot measures in Colorado and Laws governing the initiative process in Colorado

    Odd-year ballot measures

    Measures that can go on the ballot during odd years are limited to topics that concern taxes or state fiscal matters arising under TABOR, the Taxpayer's Bill of Rights (Section 20 of Article X of the Colorado Constitution). This requirement was added to state statute in 1994.[1]

    Measures that can go on odd-year election ballots include measures proposing new taxes, tax increases, an extension of taxes, tax policy changes resulting in a net tax revenue gain, changes to revenue or fiscal obligations, delays in voting on ballot issues, and approval for the state to retain and spend state revenues that otherwise would be refunded for exceeding an estimate included in the ballot information booklet.[1][2]

    TABOR ballot measures

    Since 1992, when TABOR was adopted, through 2022, Colorado voters have decided on 36 statewide ballot measures that were designed to increase revenue for the state, which required voter approval under TABOR. Of the 36 measures, 11 (30.55%) were approved and 25 (69.44%) were defeated.

    Of the 36 measures, 17 were referred to the ballot by the state legislature and 19 were placed on the ballot through citizen initiative petitions. All 11 measures that were approved were referred to the ballot by the state legislature.

    Note: This list includes measures that were required to be referred to the ballot for voter approval under TABOR. The list does not include every ballot measure that may have had a potential effect on TABOR refund amounts.

    Deadlines and signature requirements

    In Colorado, citizens have the powers of initiative, both statute and constitutional, and veto referendum. To get an initiated state statute or initiated constitutional amendment on the ballot in 2023, proponents need to collect 124,238 valid signatures. Petitioners have six months to circulate signature petitions. The deadline for submitting signatures was August 7, 2023.

    Colorado is one of 23 states that allow citizens to refer an enacted bill to the ballot as a veto referendum. As with initiatives, a veto referendum requires 124,238 valid signatures. The signature deadline was August 7, 2023, by 5 p.m. local time. A referendum petition must be filed within 90 days following the Colorado General Assembly's final adjournment of the session in which the bill was passed.

    The Colorado General Assembly may also propose amendments to the people as legislatively referred constitutional amendments. A two-thirds vote of each chamber of the legislature is required to refer an amendment to the ballot.

    Proposing measures and applying to petition

    Initiative proponents must submit the original text of the measure to the directors of the legislative council staff and the office of legal services for review and comment. The results of the review are presented in at least one public meeting. The proponents may then make revisions in response to the recommendations given at the meeting. If the revisions go beyond the recommendations, the revised language must be resubmitted. If no further recommendations/comments are required an additional hearing is not required. Compliance with these recommendations is not mandatory.

    Once the proposed measure has been reviewed, the original, amended and final drafts must be filed with the Colorado secretary of state. The secretary must then convene a "title board," which includes the secretary of state, the Colorado attorney general, and the director of the Office of Legislative Legal Services or the director's designee. At a public meeting, the board selects a title for the measure by majority vote. The title must be phrased in the form of a "yes" or "no" question. The board may also reject a measure if it fails to comply with the state's single-subject rule. If the proponents or any registered voter are unsatisfied with the title board's chosen title or single-subject ruling, a motion for a rehearing may be filed. If objections remain after the rehearing, the proponents or any registered voter may file an appeal with the Colorado Supreme Court.

    Referral of 2023 constitutional amendments

    The following table illustrates the vote requirements for each constitutional amendment certified for the ballot, the votes each amendment received, and how Democrats and Republicans voted on each amendment in each legislative chamber:

    Colorado Proposition II, Tobacco and Nicotine Product Tax Revenue Measure (2023)DemocratsRepublicans
    Senate:Required: 18Yes votes: 22 (62.86%)No votes: 13 (37.14%)Yes: 21; No: 1Yes: 1; No: 12
    House:Required: 33Yes votes: 42 (64.62%)No votes: 21 (32.31%)Yes: 42; No: 0Yes: 0; No: 19
    Colorado Property Tax Changes and Revenue Change MeasureDemocratsRepublicans
    Senate:Required: 18Yes votes: 23 (65.71%)No votes: 12 (34.29%)Yes: 22; No: 0Yes: 1; No: 12
    House:Required: 22Yes votes: 45 (69.23%)No votes: 17 (26.15%)Yes: 45; No: 0Yes: 0; No: 17

    Historical facts

    See also: List of Colorado ballot measures and History of Initiative & Referendum in Colorado

    A total of 17 measures appeared on the statewide ballot in Colorado during odd-numbered election years between 1999 through 2021. Of the 17 measures, 6 were approved (35.29%) and 11 were defeated (64.71%). From 1999 through 2021, the number of measures on the odd-year ballot ranged from zero to three.

    Colorado statewide ballot measures during odd-numbered election years, 1999-2021
    Years Total number Approved Percent approved Defeated Percent defeated Annual average Annual median Annual minimum Annual maximum
    1999-2021 17 6 35.29% 11 64.71% 1 1.5 0 3


    Local ballot measures

    See also: Colorado 2023 local ballot measures

    Click here to read more about 2023 local ballot measures in Colorado.

    Not on the ballot

    Type Number Title Subject Description Sponsor Status
    CISS #3 Fee for Attainable Housing Fund Initiative Taxes and Housing Creates the Colorado Attainable Housing Fund to support attainable housing (as defined); funded through a fee equal to 0.1% of a property's purchase price minus $200,000 Dalton Kelley & Dee Wisor Proposed ballot measures that were not on a ballot
    CISS #15, 16, & 17 Decrease Income Tax Rate Initiative Taxes Decreases the state income tax rate (Version #15: 4.40% to 4.35%) and (Versions #16 and 17: 4.40% to 4.25%) Suzanne Taheri and Steven Ward Proposed ballot measures that were not on a ballot
    CICA #19 School Funding Initiative Education Creates a right for parents to direct per-pupil funding to a school of their choice, including public schooling, private schooling, charter schooling, and homeschooling Suzanne Taheri and Steven Ward Proposed ballot measures that were not on a ballot
    CISS #39 & 40 Allow State to Retain and Spend Revenue to Offset Property Tax Revenue Reduction Initiative Taxes and Property Allows the state to retain and spend revenue above the TABOR limit on offsetting reduced revenue from a reduction in property tax revenue Scott Wasserman, Kevin Vick Proposed ballot measures that were not on a ballot
    CISS #42 Property Tax Rate Reduction Initiative Taxes and Property Reduces the property tax assessment rate to 26% for lodging property, agricultural property, renewable energy production property, and other nonresidential property valued under $3 million, and to 6.5% for owner-occupied residential property that is valued at $2 million or less Scott Wasserman, Kevin Vick Proposed ballot measures that were not on a ballot


    See also

    External links