This past November, Colorado voters weighed in on several measures to modify Colorado’s state constitution. Read on to find out what passed, what didn’t, and how these changes will affect you and the clients you represent.
Passed
Amendment G – Modify Property Tax Exemption for Veterans with a Disability
Until now, only veterans with a 100% permanent disability were eligible for the homestead property tax exemption outlined in Art. X § 3.5 of the Colorado constitution. Amendment G expands eligibility to include veterans with an “individual unemployability status as determined by the United States Department of Veterans Affairs.” This modification allows veterans who are unable to work because of their disability to claim the homestead exemption, even if they are not 100% disabled.
Amendment H – Judicial Discipline Procedures and Confidentiality
Amendment H modifies Colorado constitution Article VI § 23 to create an “independent judicial discipline adjudicative board as an independent agency within the judicial department” to conduct formal judicial disciplinary hearings and hear appeals of informal remedial actions. This board will consist of:
4 District Court Judges, appointed by the Colorado supreme court;
4 Colorado Lawyers, appointed by the governor with the consent of the senate; and
4 Non-Lawyer Citizens, appointed by the governor with the consent of the senate.
The Colorado supreme court has the authority to review this board’s decisions under a de novo standard for matters of law, a clearly erroneous standard for factual determinations, and an abuse of discretion standard for any sanctions imposed.
The amendment also creates a “rule-making committee to adopt rules for the judicial discipline process” in lieu of continuing to rely on the supreme court to provide these rules. This new 13-member committee will consist of:
4 Supreme Court Appointees
4 Adjudicative Board Appointees
4 Appointees of the Judicial Disciplinary Commission
1 Victim’s Advocate, appointed by the governor.
Supporters of the amendment hope the changes will “enhance public confidence and trust in the courts” by improving the “autonomy, transparency, integrity, and independence of the judicial discipline process.”
Amendment I – Constitutional Bail Exemption for First Degree Murder
Amendment I modifies Art. II § 19 of the constitution to permit judges to deny bail to a
person charged with first degree murder “when proof is evident or presumption is great.” The amendment also exempts such defendants from the article’s provision guaranteeing the commencement of a trial within 90 days of bail denial. Opponents of the amendment are concerned the change may result in the excessive and unnecessary detention of innocent defendants.
Amendment J – Repealing the Definition of Marriage in the Constitution
Until the passage of Amendment J, Art. II § 31 of Colorado’s constitution stated, “Only a union of one man and one woman shall be valid or recognized as a marriage in this state.” Amendment J strikes the entire sentence to bring the Colorado constitution in line with Congressional legislation and the 2015 U.S. Supreme Court case Obergefell v. Hodges, which legalized same-sex marriage in the United States.
Amendment 79 – Constitutional Right to Abortion
Amendment 79 adds § 32 to Article II of Colorado’s constitution and enshrines a woman’s right and access to abortion in the state, stating, “The right to abortion is hereby recognized. Government shall not deny, impede, or discriminate against the exercise of that right, including prohibiting health insurance coverage for abortion.” The amendment also repeals Art. V § 50 of the constitution, which prohibited the use of government funds to pay for abortion services. The change allows—but does not mandate—abortion coverage to be included in health insurance policies for public employees and government funding to be used to offset the costs of abortion services for low-income patients.
Failed
Amendment K – Modify Constitutional Election Deadlines
Had it passed, Amendment K would have modified Art. V § 1 and Art. VI § 25 to impose earlier deadlines for submitting some election filings and publishing notices of ballot measures. As it stands, no changes will be made, and existing deadlines remain in effect.
Amendment 80 – Constitutional Right to School Choice
Amendment 80 would have added Art. IX § 18 to expand the Constitutional right to school choice in Colorado to include “future innovations in education” in addition to neighborhood, charter, private, homeschool, and open enrollment options. The Colorado Constitution already guarantees access to public, private, and online schools, leading opponents to the amendment to claim that, not only is the amendment unnecessary, but expanding school choice beyond its current scope could also divert much-needed funds away from public schools.
To read the most current version of Colorado’s state constitution in its entirety, visit the
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Rachel Crass is in her final year of law school at the University of Denver, Sturm College of Law, where she is pursuing certificates in International Legal Studies and Constitutional Rights and Remedies. As an elite athlete representative for an Olympic sport for fourteen years and the Colorado state chairperson for another international sport, Rachel's focus is primarily on international sports law and remedying human rights violations related to the Olympic and Paralympic movement for women, LGBTQ, disabled, and persecuted athletes in the United States and worldwide. Outside of law school, Rachel is an employee with the City and County of Denver and lives in Arvada with her husband, three children, and a menagerie of furry, scaly, and finned friends.
This was terrific. Thanks so much!
Five passed, and two failed. Thanks for the information! Good stuff here.