Original Defend Colorado Now Amendment
A proposed Amendment to Article V of the Colorado Constitution
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More information:
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History
2003: The Defend Colorado Now initiative was filed on December 31, 2003 by Congressman Tom Tancredo (R-CO) and was carried forward by Dr. Bill Herron (also a Republican), who we thank for his tireless work on the initiative. On March 3, 2004 the initiative was approved by the Colorado Title Setting Board, however the wording was challenged by open borders proponents.
2004: The initiative was challenged by the open borders lobby and was taken to the Colorado Supreme Court. A decision was issued in favor of the initiative wording on May 10, 2004. But the delay in this process did not give us enough time to collect signatures in 2004.
We could not run the initiative in 2005 because Colorado law allows only tax-related initiatives in odd-numbered years.
2005: In February 2005, Colorado House Bill 1271 was introduced in order to implement the intent of the initiative, but was defeated.
2006: On January 4, 2006, Defend Colorado Now went before the Title Setting Board. The Board reaffirmed the title. On January 18, Defend Colorado Now agent went before the Title Setting Board to defend against a challenge by the open borders lobby. The Title Setting Board unanimously reaffirmed the initiative title. This is the fourth time since 2004 that the Title Setting Board has addressed - and approved - the title (as has the Colorado Supreme Court in 2004).
On June 12, 2006, the Colorado Supreme Court issued a ruling on the DCN initiative saying in effect that they do not want Coloradans to vote on the initiative in November. The Court, in a 4-2 ruling, stated that the initiative was not a single subject.
Petitions for rehearing were filed by Defend Colorado Now and by the Colorado Attorney General under the direction of Governor Bill Owens. On June 26, 2006, the Colorado Supreme Court issued a second blow to the rights of the People of Colorado to decide via the initiative process how their tax dollars will be spent. The Court denied the petitions for rehearing. (See the full updated ruling).
In this ruling, the Court tried to modify its embarrassingly inadequate legal reasoning by substituting other inadequate and embarrassingly political reasoning. It is clear to everyone - from the Governor of Colorado to the person on the street - that black robes can not conceal a political agenda.
On June 13, 2006, Governor Bill Owens held a press conference where he derided the Supreme Court for their arbitrary and unfair ruling, and called upon the Colorado Attorney General to support Defend Colorado Now in calling for a rehearing by the Court. In addition, Governor Owens stated that if the court did not consider the motion in a timely manner, he would call for an emergency legislative session in order to vote on referring the initiative to the voters. (There are two ways to get an initiative on the ballot: via the petition process and by the legislature voting to place the measure on the ballot).
On June 29, 2006, Governor Owens called a special legislative session to convene on July 6, 2006.
The Colorado Supreme Court saga
In late January, 2006, the Defend Colorado Now (DCN) initiative was challenged in the Colorado Supreme Court by opponents who claimed the initiative title was not a single subject as required by Colorado statute. Although the Court quickly issued rulings on other initiatives this year, saying they were single subject, the Court delayed issuing a ruling on the DCN initiative until June 12.
On Monday, June 12, 2006, the Colorado Supreme Court issued a ruling on the DCN initiative saying in effect that they do not want Coloradans to vote on the initiative in November. The Court, in a 4-2 ruling, stated that the initiative was not a single subject.
Yet in 2004, the same court issued a ruling that said the title of the initiative ("Shall there be...") was indeed a single subject. Why the about-face? We have rallied thousands of volunteers and tens of thousands of voters on the DCN initiative. Polls show that voters overwhelmingly want illegal immigration stopped. We would have had no problem collecting the required number of signatures and we envision the initiative being passed by a majority of Colorado voters.
On June 13, 2006, Governor Bill Owens held a press conference where he derided the Supreme Court for their arbitrary and unfair ruling, and called upon the Colorado Attorney General to support Defend Colorado Now in calling for a rehearing by the Court. In addition, Governor Owens stated that if the court did not consider the motion in a timely manner, he would call for an emergency legislative session in order to vote on referring the initiative to the voters. (There are two ways to get an initiative on the ballot: via the petition process and by the legislature voting to place the measure on the ballot).
On June 20, 2006, Defend Colorado Now filed a petition for rehearing with the Colorado Supreme Court on June 20, 2006. On June 19, the Colorado Attorney General, under direction of Governor Owens, filed a similar petition.
On June 26, 2006, the Colorado Supreme Court issued a second blow to the rights of the People of Colorado to decide via the initiative process how their tax dollars will be spent (see below). The Court denied the petitions for rehearing. (See the full updated ruling).
It is now clear to everyone - from the Governor of Colorado to the person on the street - that black robes can not conceal a political agenda.
Defend Colorado Now Hails Immigration Bills Signing
Defend Colorado Now commends Gov. Owens in his signing on July 31, 2006 of comprehensive illegal immigration legislation passed in the 2006 special legislative session. Defend Colorado Now supports two immigration reform ballot initiatives referred to the 2006 ballot (Referendum H and Referendum K) and will continue efforts into next year's legislative session. See our August 1, 2006 news release.
The bills that were passed were not perfect, but it's a good start. Here's why we we think so:
- Article: Jam Session - Legislators gather to pass a good but imperfect bill on services to illegals.
- August 1, 2006 legislative summary.
- July 12, 2006 news release addressing the bills that came out of the special legislative session.