Legislative Council staff raised more than 25 substantive legal, constitutional, and drafting concerns about proposed Initiative #414 — a sweeping election overhaul the proponents call SEPA — including conflicts with multiple federal election laws, First Amendment prior restraint issues, and potential violations of the Colorado Constitution. No vote was taken; proponents stated intent to submit to the Title Board by the April 3, 2026 deadline.
Staff identified that the proposed initiative appears to require practices directly conflicting with the National Voter Registration Act, Help America Vote Act, Americans with Disability Act, Voting Rights Act, and Uniformed and Overseas Citizens Absentee Voting Act, and noted the initiative threatens state officials with criminal prosecution for adhering to federal court orders. Proponent Hassan countered that 'this government undermines federal law all the time,' cited sanctuary policies as an example, and stated courts would have to determine contradictions, declining to concede any direct conflict.
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“10. To create causative action for citizens to petition courts for recounts, audits or the appointment of special prosecutors to investigate suspected election crimes. And lastly, 11. To provide legal immunity from criminal and civil prosecution for citizens who use reasonable force to intervene and stop suspected election crimes until law enforcement arrives. Do the proponents generally agree with this statement of purposes? Generally? Yeah. I have a few notes. I don't know how important it is. Go ahead and share whatever notes you have happen. So for number three, the mandate, the mandate for the voter roll cleanup,”
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Sign in to subscribeWe had a glitch. I think we're good now. Isn't it so nice that it's so quiet? Okay, I'm going to call order again. Broadcast, because I can do that. Yeah, sorry. I had. I think the audio was. I think it should be working now. This is the hearing for proposed initiative measure 2025, 2026, number 414 concerning election procedures. It is 11:02am on April 3, 2026, in room HCR0109, the Capitol. We will go around and introduce ourselves. For the purposes of the record, I'll go first. My name is Dan Graby. I am with Legislative Council staff Staff Pierce Lively at the Office of Legislative Legal Services. Hassan, Missy Espinosa, Michael Scott for the second proponent for this measure. All right. Section 141051, Colorado Revised Statutes, requires the directors of the Colorado Legislative Council and the Office of Legislative Legal Services to review and comment on initiative petitions for proposed laws and amendments to the Colorado Constitution. The purpose of this statutory requirement of the Directors of Legislative Council and the Office of Legislative Legal Services is to provide comments intended to aid proponents in determining the language of their proposal and to avail the public of…
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