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May 6, 2016 at 12:46:21 AM Eastern Daylight Time

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There is no "gun to the head" jus1fying a rushed primary bill

Friday, May 6, 2016 at 12:45:36 AM Eastern Daylight Time
Marilyn Marks
98Final Minor Party Issue.pdf

From: Marilyn Marks <marilyn@aspenoce.com>

Date: Thursday, May 5, 2016 at 11:10 PM
To: "steve@cologop.org" <steve@cologop.org>
Cc: All vo1ng ExComm members
Subject: There is no "gun to the head" jus1fying a rushed primary bill
Steve,
Several days ago, you urged Facebook readers to read the contents of proposed Ballot Prop #98 to
understand why a fast-track bill (HB1454) is necessary to blunt the purported dangers of potential Prop
#98. You have repeatedly called it a gun to the head of the legislators.
We read it and found that, it was not, as you had claimed, a constitutional amendment that could not be
changed by lawmakers after passage. It was not, as you had claimed, a presidential primary bill. It is a
state (only) primary bill affecting only statutes which are routinely modified by the legislature routinely, IF
it should pass. No doubt it is a horrible initiative, but it has serious drafting weaknesses making it no
serious threat of real damage. (And the deadline has passed for changing the ballot language.)
You then urged that if HB 1454 fails, that all efforts should be focused on how to defeat #98. You
responded to my comment by inviting me to state ways that #98 could be fought. I asked you to have
party attorneys call me so that I could share this with them. I have not heard from them.
The opinion piece below and the note attached deal only with one aspect of the major flaws in Initiative
#98the unconstitutional impact on minor parties. The other drafting errors as just as debilitating, and
take away any serious threat should it pass.
The sponsors would never be reckless enough to run such a ballot measure that slaps down the minor
parties during a time that interest in minor parties is at a high. I anticipate that the Libertarian and Green
Party attorneys will soon be contacting the Let Colorado Vote representatives to express their
disapproval of this measure.
I urge you to consider the problems of #98 and put this threat into perspective before insisting that a
primary bill be passed without appropriate study, voter input and deliberation.
Please see my opinion piece below on why there is no gun to the head.
Thank you for your consideration.
Marilyn Marks

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Fresh News Fresh Views

NEWS/POLITICS / OPINION/LETTERS

OPINION: There is No Gun to the Legislature

Head
BY MARILYN MARKS MAY 5, 2016

Nervous Colorado lawmakers are deliberating whether to take eleventh-hour action to pass the controversia

Primary Participation Bill (HB1454). We have a gun to our heads is their only rationale offered for crammin

rushed, flawed bill without permitting essential voter input and thoughtful committee debate. Many lawmaker
their own re-election in November, claim that the threatened Denver Metro Chamberbacked Initiative 98 is

heads that demands passage of the Primary Participation Bill to avoid the ballot question on the November

Lawmakers make the political excuse of a gun to our heads to legitimize illegitimate actions. They refuse to

that the Let Colorado Vote gun is more like a plastic straw loaded with spit-wads. There is little chance that

Vote would run such a silly and unconstitutional ballot initiative. One side effect of the initiative takes aim at m
that most voters will want to protect as the little guys.

As one example, while Initiative 98 permits unaffiliated voters to vote in the two major parties state primaries
unaffiliated voters from voting in Libertarian and Green Parties primaries a decision that should be left to

parties. The initiative does not amend the current law that prohibits unaffiliated voters from voting in minor p
yet the initiative permits unaffiliated voters to cast ballots in major party primaries.

Other provisions are just as damaging to minor parties. Even if the legislature ultimately changes the curren

prohibiting unaffiliated voters from receiving minor party ballots, and lets the parties decide, the proposed ba

requires that some mail-ballot voters be sent ballots for all parties and other voters be sent only major partie

minor parties are certainly not going to stand still for such unconstitutional discrimination once threatened ba
is widely distributed.

When over 50% of voters are unhappy with the major parties, would the Chamber-backed Let Colorado Vote

really attempt to promote a measure with provisions that damage small parties? After Trumps Tuesday nigh
Google searches of Libertarian Party have been surging at historic levels. Does Let Colorado Vote

those voters that the ballot measure restricts First Amendment rights of the minor party candidates in favor o
candidates?
Our lawmakers should just call the business interests bluff. Legislators and party leaders should dare

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to run their ill-conceived ballot measure that slaps down minor parties at a time when American voters are fe
major parties political mismanagement.

http://pagosadailypost.com/2016/05/05/opinion-there-is-no-gun-to-the-legislatures-head/

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Marilyn Marks

Marilyn Marks is an election integrity activist focused on election fairness, transparency and v
privacy.http://pagosadailypost.com/2016/05/05/opinion-there-is-no-gun-to-the-legislatures-hea

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