TC Res. No. 2006-39A OPPOSITION TO THE 2006 BALLOT ISSUE KNOWN ASRESOLUTION NO.
A RESOLUTION IN OPPOSITION TO THE 2006 BALLOT ISSUE KNOWN AS
"PETITIONS," -AMENDMENT 38 TO THE COLORADO CONSTITUTION,
THAT WOULD MAKE CHANGES TO THE PETIONING PROCESS, AND
ADVERSELY IMPACT THE GOVERMENTAL PROCESS OF THE TOWN OF
AVON AND OTHER COLORADO MUNICIPALITIES AND DISTRICTS -
WHEREAS, an initiated constitutional amendment, Amendment 38 to the Colorado
Constitution, has.been certified for consideration by the voters of the state of Colorado at the
regular election to be held on,Novembe 7;-2006; and
WHEREAS, Amendment 38 would supersede conflicting provisions of state statute
and the Home Rule Charter of the Town of Avon; and
WHEREAS, Amendment 38 would reduce the requirement for an initiative petition
from -15% of the number of voters in the last Town election to 5% of the number of votes cast in- .
the last election for Secretary of State; and
WHEREAS, Amendment 38 would reduce the requirement for a referendum
petition from 10% of the number of voters in the last Town election to 5% of the number of votes
cast in the last election for Secretary of State; and
WHEREAS, Amendment 38 would permit only twelve "legislative measures" per
year to be excepted from referendum petition; and
WHEREAS, any other ordinances adopted by the council would not take effect until
at least 91 days after their publication after final passage; and
WHEREAS, any referred ordinance could only be voted on at the November general
___election_held in that year (or at the November general election the year following the adoption of
the ordinance if it is adopted within three months of the November election date); and
WHEREAS, Amendment 38 would place the burden of paying for printing petitions
and publicizing ballot issues on the taxpayers of the Town; and
WHEREAS, Amendment 38 would prevent the Town Council from even
"discussing" ballot issues (as opposed to advocating, as is the law now) and would penalize both
the Town and individual council members for any even inadvertent violation of that prohibition;
and
WHEREAS, Amendment 38 would repeal the long-standing rule of "substantial
compliance" with technical election requirements, eliminating any mitigation remedy in the
election process; and