Colorado Save Our Secret Ballot (2010)
|Not on Ballot|
| This measure did not or |
will not appear on a ballot
The same initiative was filed in Arizona, Arkansas, Missouri, Nevada, and Utah. Currently, legislation, also known as the Employee Free Choice Act, is pending before the United States Congress that would remove that requirement from federal law.
Text of measure
The proposal read:
“The right of individuals to vote by secret ballot is fundamental. Where state or federal law requires or permits elections or designations or authorizations of employee representation, the right of individuals to vote by secret ballot shall be guaranteed.”
Shall there be an amendment to the Colorado constitution concerning the right to vote by secret ballot regarding employee representation, and, in connection therewith, guaranteeing the fundamental right of individuals to vote by secret ballot where state or federal law requires or permits elections or designations or authorizations of employee representation?
The state board approved the title for the initiative but unions announced that they were challenging the title. Opening briefs were presented to the Colorado Supreme Court on July 14, 2009. AFL-CIO, one of the unions challenging the initiative's language, argues that the ballot language violates the singles subject rule, a constitutional requirement that amendments address only one topic so as not to confuse voters.
On October 13, 2009 the Colorado Supreme Court ruled that the three measures, Initiatives 22-24, did not violate the state's "single-subject rule." In reaction to the news, Mark Grueskin, legal representative of AFL-CIO lobbyist Philip Hayes, who filed the challenge, said that the court fairly addressed their challenge. However, Grueskin added,"We still think people will be confused by these measures: They purport to create exceptions to federal law and guarantee certain rights that will have to be litigated in the future."
Path to the ballot
- See also: Colorado signature requirements
In order to qualify the proposed measure for the 2010 ballot a minimum of 76,047 valid signatures were required. The signature filing deadline for the 2010 ballot in Colorado for initiated constitutional amendments was August 2, 2010.
- Colorado Supreme Court rules on Secret Ballot title challenge
- Colorado Supreme Court hears arguments on Secret Ballot Initiative challenge
- Face the State, "Ballot initiative would neuter 'card check' in Colorado," July 14, 2009
- Leagle, "Case Nos. 09SA165, 09SA166, 09SA167," October 14, 2009
- State Bill Colorado, "Initiatives Supporting ‘Secret Ballots’ Get Colo. Supreme Court’s OK," October 13, 2009
- Prior to the enactment of Colorado House Bill 1326 (2009), the signature deadline for initiated statutes and initiated amendments was the same--3 months before the election.
State of Colorado
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