A leading Democratic state senator asked the Colorado Court of Appeals on Wednesday to rule as unconstitutional the legislature’s involvement in writing the official guide that explains ballot measures to voters.
Senate Majority Leader Ken Gordon of Denver filed suit last year because he said the language in the voters guide, known as the “blue book” after the color of its cover, was unconstitutionally altered by partisan legislators.
“We are seeking declaratory judgment that the actions of the legislature violate the constitution and that the legislature has no role in drafting the blue book,” Gordon’s attorney, Tom Downey, told the three-judge panel.
The attorney for the legislature’s nonpartisan staff director argued the court does not have jurisdiction over the legislative process. And he said the case is moot because the 2004 election has passed.
But even if the appeals court agrees, the debate will continue. An almost identical complaint has been filed by a group opposing measures on this November’s ballot to relax state spending limits. The case is pending in Denver District Court.
Gordon filed his suit in September 2004 because, he said, the explanation for two measures on that year’s ballot had been changed at the behest of special-interest groups.
Developers successfully had wording inserted into the blue book’s explanation of a measure seeking to change construction liability, he claims. And the tobacco industry successfully lobbied for changes to the explanation of a measure to increase the tobacco tax.
On Wednesday, Gordon and his attorney argued that the constitution makes clear that the legislature’s nonpartisan staff is to write the blue book.
“The legislature is not nonpartisan,” Gordon told the judges. “The legislature’s lobbied. We get campaign contributions from different interest groups.”
But Bob Miller, the attorney for the legislature’s staff director, argued the case is moot because the legislature passed a law this year giving legislators the authority to edit the blue book and because the election for the blue book in question has passed.
Downey and Gordon, however, insist the case is still relevant. They said they are challenging the actions of the legislature, not the constitutionality of the statutes. And though the election is over, the issue is of continuing public interest, they said.
The court routinely rules on cases within three to five weeks.
Staff writer Chris Frates can be reached at 303-820-1633 or cfrates@denverpost.com.
