Although it wasn’t for lack of trying, this year’s statewide ballot won’t hold any initiative surprises, as no measures made the cut for 2017. In contrast with Colorado’s 2016 ballot, which put forth nine statewide measures, voters will only be looking at local measures in November.
Though several initiatives were submitted to the legislative council, only two, numbers 4 and 11, were approved for circulation, but neither made it to the ballot. And measures exploring transportation funding through tax increases and existing revenue bonds were revisited yet again, but none of them made the cut.
Brownstein Hyatt Farber Schreck shareholder Jason Dunn served as legal counsel to Colorado Concern. The group of local private sector CEOs, which lobbies for candidates and leg-islative policies, opposed Initiative 4. The measure would have amended the Colorado Constitution by allowing each city, town and local county the right to limit housing growth through referendum and initiative. It also included an annual cap on housing growth at 1 percent for 10 jurisdictions.
In 2015, the legislature approved a fiscal analysis requirement for bal-lot measures. Initiative 4 was the first measure to undergo such an analysis, but the legislature deemed it indeterminate. On appeal of that result, the Supreme Court issued an order to both sides asking if it had jurisdiction to make the call on the fiscal note, to which both said yes. Dunn noted that though they were disappointed in the court’s decision, the good news was that there will be precedent for fiscal analyses of measures.