Poundstone Amendment

Last updated
Amendment 1
5 November 1974 (1974-11-05)

An act to amend Articles XIV and XX of the Constitution of the State of Colorado, concerning the annexation of property by a County or City and County, and prohibiting the striking off of any territory from a County without first submitting the question to a vote of the qualified electors of the County and without an affirmative vote of the majority of those electors
Results
Choice
Votes %
Check-71-128-204-brightblue.svgYes409,17458.35%
Light brown x.svgNo292,04041.65%
Valid votes701,214100.00%
Invalid or blank votes00.00%
Total votes701,214100.00%

1974 Colorado Amendment 1 election results map by county.svg
Source: Colorado Secretary of State

The Poundstone Amendment is an amendment to the Colorado Constitution enacted in 1974 concerning county annexations. [1] The ballot initiative was drafted by Freda Poundstone, a Colorado politician and lobbyist who opposed the efforts of Denver to absorb surrounding municipalities. [2] Supporters claimed the amendment would prevent Denver from abusing its status and size, while detractors pointed out that it greatly limited the ability of the city to absorb other school districts and thus end segregation in its schools. [3]

Contents

Ballot initiative

Title

An act to amend Articles XIV and XX of the Constitution of the State of Colorado, concerning the annexation of property by a County or City and County, and prohibiting the striking off of any territory from a County without first submitting the question to a vote of the qualified electors of the County and without an affirmative vote of the majority of those electors. [4]

Text

Provisions of the Proposed Constitutional Amendment [5]

The proposed amendment to the State Constitution would:

  1. Delete from the constitution the present requirement that annexation proceedings of the City and County of Denver be conducted under the general annexation laws applicable to all municipalities in the state ("The Municipal Annexation Act of 1965").
  2. Require that annexation proceedings of the City and County of Denver be conducted under the general annexation and consolidation statutes applicable to the other 62 counties in the state.
  3. Permit the General Assembly, by law, to revise procedures for changing all county boundaries, including those of the City and County of Denver, and thereby eliminate the constitutional requirement of a vote by the qualified electors of those counties from which territory is proposed to be stricken.

Election results

Passed by 409,174 votes (58.4%) to 292,040 votes (41.6%). [4]

Related Research Articles

A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions, thus changing the frame of government without altering the existing text of the document.

A supermajority, is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority rules in a democracy can help to prevent a majority from eroding fundamental rights of a minority, but they can also hamper efforts to respond to problems and encourage corrupt compromises at times when action is taken. Changes to constitutions, especially those with entrenched clauses, commonly require supermajority support in a legislature. Parliamentary procedure requires that any action of a deliberative assembly that may alter the rights of a minority have a supermajority requirement, such as a two-thirds vote.

<span class="mw-page-title-main">2004 Colorado Amendment 36</span>

Colorado Amendment 36 was an initiated constitutional amendment on the ballot on November 2, 2004. It would have changed the way in which the state apportioned its electoral votes. Rather than assigning all of the state's electors to the candidate with a plurality of popular votes, under the amendment, Colorado would have assigned presidential electors proportionally to the statewide vote count, which would be a unique system. The amendment did not pass.

The current Constitution of the State of Maryland, which was ratified by the people of the state on September 18, 1867, forms the basic law for the U.S. state of Maryland. It replaced the short-lived Maryland Constitution of 1864 and is the fourth constitution under which the state has been governed. It was last amended in 2022.

<span class="mw-page-title-main">Constitution of Texas</span> Principles, institutions and law of political governance in the U.S. state of Texas

The Constitution of the State of Texas is the document that establishes the structure and function of the government of the U.S. state of Texas, and enumerates the basic rights of the citizens of Texas.

<span class="mw-page-title-main">Constitution of Connecticut</span>

The Constitution of the State of Connecticut is the basic governing document of the U.S. state of Connecticut. It was approved by referendum on December 14, 1965, and proclaimed by the governor as adopted on December 30. It comprises 14 articles and has been amended 31 times.

The Constitution of the State of New Hampshire is the fundamental law of the State of New Hampshire, with which all statute laws must comply. The constitution became effective June 2, 1784, when it replaced the state's constitution of 1776.

<span class="mw-page-title-main">Elections in California</span> Overview of the procedure of elections in the U.S. state of California

Elections in California are held to fill various local, state and federal seats. In California, regular elections are held every even year ; however, some seats have terms of office that are longer than two years, so not every seat is on the ballot in every election. Special elections may be held to fill vacancies at other points in time. Recall elections can also be held. Additionally, statewide initiatives, legislative referrals and referendums may be on the ballot.

<span class="mw-page-title-main">2006 Colorado Amendment 41</span>

Amendment 41 is a citizen initiative adopted by Colorado voters in the 2006 general election. Amendment 41 has three main sections.

<span class="mw-page-title-main">1996 California Proposition 218</span> Adopted initiative constitutional amendment

Proposition 218 is an adopted initiative constitutional amendment which revolutionized local and regional government finance and taxation in California. Named the "Right to Vote on Taxes Act," it was sponsored by the Howard Jarvis Taxpayers Association as a constitutional follow-up to the landmark property tax reduction initiative constitutional amendment, Proposition 13, approved in June 1978. Proposition 218 was approved and adopted by California voters during the November 5, 1996, statewide general election.

<span class="mw-page-title-main">Constitution of Colorado</span>

The Constitution of the State of Colorado is the foundation of the laws and government of the U.S. state of Colorado. The current, and only, Colorado State Constitution was drafted on March 14, 1876; approved by Colorado voters on July 1, 1876; and took effect upon the statehood of Colorado on August 1, 1876. As of 2020, the constitution has been amended at least 166 times. The Constitution of Colorado derives its authority from the sovereignty of the people. As such, the people of Colorado reserved specific powers in governing Colorado directly; in addition to providing for voting for Governor, state legislators, and judges, the people of Colorado have reserved initiative of laws and referendum of laws enacted by the legislature to themselves, provided for recall of office holders, and limit tax increases beyond set amounts without explicit voter approval, and must explicitly approve any change to the constitution, often with a 55% majority. The Colorado state constitution is one of the longest in the United States.

The right of non-citizens to vote in the United States has historically been a contentious issue. Since 1997, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 has prohibited non-citizens from voting in federal elections, with the threat of fines, imprisonment, inadmissibility and deportation. Exempt from punishment is any noncitizen who, at the time of voting, had two natural or adoptive U.S. citizen parents, who began permanently living in the United States before turning 16 years old, and who reasonably believed that they were a citizen of the United States. At one point or another before 1926 40 states had non-citizens voting in elections. While federal law does not prohibit noncitizens from voting in state or local elections, no state has allowed noncitizens to vote in statewide elections since Arkansas became the last state to outlaw noncitizen voting in state elections in 1926. As of December 2022, at least thirteen local jurisdictions allow non-citizen voting, namely Winooski and Montpelier in Vermont, and eleven in Maryland near Washington, D.C. In 2023, D.C. itself started allowing local non-citizen voting. Additionally, the U.S. territories of American Samoa and the Northern Mariana Islands allow non-citizen US nationals to vote, a status granted to all persons born in American Samoa. All persons born in the Northern Mariana Islands automatically become US citizens at birth, as opposed to becoming US nationals at birth. Guam and Hawaiʻi, by contrast do not allow non-citizen US nationals to vote.

The politics of Colorado, United States, are that of a blue state. Once considered a swing state that used to be Republican-leaning, Colorado has been trending Democratic since the early part of the 21st century due to changing demographics and a rising number of the large unaffiliated bloc of voters leaning Democratic. The growing shift of the state's Republican Party towards social and religious conservatism along with shifting further to the right has also been cited as reasons for the changing voting patterns of Colorado.

Buckley v. American Constitutional Law Foundation, Inc., 525 U.S. 182 (1999), was a United States Supreme Court case that dealt with the authority of states to regulate the electoral process, and the point at which state regulations of the electoral process violate the First Amendment freedoms.

<span class="mw-page-title-main">1911 California Proposition 8</span> Amendment to the Constitution of California allowing the recall of public officials

Proposition 8 of 1911 was an amendment of the Constitution of California that introduced, for the first time, the recall of public officials. This allows the governor, state senators and assemblymen, and other elected officials to be removed from office early by a public vote. It was approved by voters in a referendum held as part of a special election on 10 October. On the same day voters approved two other major political reforms, Proposition 4, which granted women the vote, and Proposition 7, which introduced the initiative and the optional referendum.

<span class="mw-page-title-main">1998 Virginia ballot measures</span>

The 1998 Virginia State Elections took place on Election Day, November 3, 1998, the same day as the U.S. House elections in the state. The only statewide elections on the ballot were five constitutional referendums to amend the Virginia State Constitution. Because Virginia state elections are held on off-years, no statewide officers or state legislative elections were held. All referendums were referred to the voters by the Virginia General Assembly.

<span class="mw-page-title-main">1988 Illinois elections</span>

Elections were held in Illinois on Tuesday, November 8, 1988.

<span class="mw-page-title-main">1954 Illinois elections</span>

Elections were held in Illinois on Tuesday, November 2, 1954.

<span class="mw-page-title-main">Illinois Governor Recall Amendment</span>

On November 2, 2010, Illinois voters approved the Illinois Governor Recall Amendment, a legislatively referred constitutional amendment to the Constitution of Illinois. The amendment changed the state constitution to allow recall elections of Illinois governors.

References

  1. UCLA Civil Rights Project: Denver Public Schools, Resegration Latino Style Archived 2009-02-11 at the Wayback Machine
  2. Greenwood Village Official Website: Honoring Our Heritage Archived 2008-12-25 at the Wayback Machine
  3. Tom I. Romero, "Land, Culture, and Legal Exchange in Colorado's Mountains, Plains, and Deserts", 11 Exchange: practices and representations 125 (2005).
  4. 1 2 Colorado General Assembly: Ballot History, Ballot 1, 1974
  5. An Analysis of 1974 Ballot Proposals. Research Publication No. 206, page 1. Legislative Council of the Colorado Assembly, 1974.