HomeMy WebLinkAboutR94-166 encouraging citiznes to vote for referendum ACommissioner moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLIITION NO. 94-/ E1
ENCOURAGING THE CITIZENS
OF EAGLE COUNTY
TO VOTE FOR
REFERENDUM A
WHEREAS, the Board of County Commissioners ( "Board ") has
reviewed Referendum A; and
WHEREAS, the Board is in favor of Referendum A; and
WHEREAS, the Board has determined that this proposal will keep
unrelated or misleading provisions out of initiated and referred
measures to be voted on by the people. The practice of "log-
rolling" or "Christmas- treeing" results in ideas, which probably
could not pass on their individual merits, being made parts of a
larger proposal that is likely to pass. Further, the proposal will
protect against unexpected provisions that may be contained in a
proposal. Voters, after an election, should not be saying, "I
didn't know that provision was in that ballot issue," which is a
potential result of having more than one topic in a proposal.
Proponents of initiated proposals, and the General Assembly with
referred measures, should be required to present coherent ideas for
change rather than roaming through Colorado law selecting a change
here and another change there; and
WHEREAS, bills enacted by the General Assembly are subject to
the single subject rule. Since the initiative and referendum are
forms of legislation, the rule should apply to these methods of
amending the constitution and the statutes. The single subject
rule is used by the General Assembly to prevent distortions in the
legislative process and to focus the debate on one issue at a time.
This proposal extends the benefits of the single subject rule to
Colorado initiated and referred measures; and
WHEREAS, of the 17 other states that have the initiative and
referendum in a manner similar to that in Colorado, 12 states have
restrictions that limit initiatives to a single subject. The
pepole of these states have not appeared to suffer a lack of direct
democracy or decrease in their freedoms as a result of this rule.
The initiative is actually a process of enacting legislation. The
single subject rule as applied to the product of a legislative
body, is an appropriate requirement for initiated and referred
measures; and
WHEREAS, a law has already been passed indicating that this
referendum should be liberally construed to avert the practice of
putting together, in one measure, subjects having no necessary or
proper connection. The ballot title setting board is to apply
judicial standards concerning single subject requirements when
considering titles for initiated proposals. The board's discretion
is limited and will be exercised according to existing judicial
guidelines.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the Board believes that the passage of Referendum A is
in the best interests of the citizens of Eagle County and the Board
determines that it supports Referendum A and encourages the
citizens of Eagle County to vote for Referendum A.
MOVED, READ AND ADOPTED by the Board of County Commissioners
of the County of Eagle, State of Colorado, at its regular meeting
held the day of November, 1994.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONER
By:
ohnnette Phillips, Chairp+=r?._;.
County Commissioners
George . Gates, Commissioner
Commissioner 62 �n seconded adoption of the
foregoing resolution. The roll having been called, the vote was as
follows:
Commissioner Johnnette Phillips _41,9
Commissioner James E. Johnson, Jr.
Commissioner George A. Gates.
This Resolution passed by (3 —0 vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
r \ref.b
3
