Colorado Save Our Secret Ballot (2010)

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Save Our Secret Ballot is an initiated constitutional amendment that would protect the right to secret ballots in federal, state, and union representation elections. Its supporters hope to qualify it for the November 2010 ballot in Colorado.

The same initiative has been 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.

Ballot language

The proposal reads:

“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.”[1]

Ballot title

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?[2]

Title challenge

The state board approved the title for the initiative but unions announced that they are 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.[1]

Court ruling

On October 13, 2009 the Colorado Supreme Court ruled that the three measures, Initiatives 22-24, do not violate the state's "single-subject rule."[2] 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."[3]

See also

Articles

External links

References

  1. 1.0 1.1 Face the State,"Ballot initiative would neuter 'card check' in Colorado," July 14, 2009
  2. 2.0 2.1 Leagle,"Case Nos. 09SA165, 09SA166, 09SA167," October 14, 2009
  3. State Bill Colorado,"Initiatives Supporting ‘Secret Ballots’ Get Colo. Supreme Court’s OK," October 13, 2009
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