Colorado Obsolete Constitutional Provisions, Referendum D (2002)
The Colorado Obsolete Constitutional Provisions Referendum, also known as Referendum D, was on the November 5, 2002 ballot in Colorado as a legislatively-referred constitutional amendment, where it was approved. The measure removed expired provisions for events that have already occurred; strikes an obsolete reference to legislative authority relating to courts; and removes a provision found unconstitutional by the Colorado Supreme Court.
|Colorado Referendum D (2002)|
Election results via: Colorado Secretary of State (P.144-155)
Text of measure
The language appeared on the ballot as:
Amendments to articles VI, XVIII, XX, and XXVII of the constitution of the state of Colorado, concerning the repeal of certain obsolete provisions in the constitution of the state of Colorado.
The following background information was provided in the state Blue Book analysis of Referendum D:
Expired provisions. The proposal removes four provisions related to the establishment of a statewide court system and judicial reform:
The proposal removes two provisions relating to debt that has since been repaid:
The proposal removes additional miscellaneous provisions:
Obsolete reference to legislative authority. The proposal removes language from 1962 granting the state legislature the authority to provide simplified procedures in county courts for claims not exceeding $500. In 1964 and 1976, the state legislature passed laws directing the Judicial Branch to adopt procedures for these courts. The Supreme Court currently provides procedures for all claims filed in county courts and small claims courts.
Unconstitutional provision. The proposal removes a term-limits provision ruled unconstitutional by the Colorado Supreme Court in 1998. The provision directs state and congressional legislators to follow specific steps to amend the federal constitution to implement congressional term limits, and directs the state to note on the ballot which legislators failed to comply. The court found the provision violates the U.S. Constitution because it takes away the ability of state and congressional legislators to use their own judgment and, in effect, forces them to vote in a particular way.
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