Professor Hart Successful in Getting Initiative 61 Approved by Court

The Colorado Supreme Court ruled today in favor of a group of clients represented by Professor Melissa Hart in a pro bono election law project.

Professor Hart has been representing three Colorado citizens seeking to put an initiative on the November ballot that would offer an alternative approach to the State’s nondiscrimination obligation. The supporters of Initiative #61 proposed their initiative (which they call the Colorado Equal Opportunity Initiative) in response to an initiative placed on the ballot by Californian Ward Connerly. The Connerly Initiative, which mirrors provisions passed in California and Michigan, would eliminate all affirmative action by the State of Colorado. The Colorado Equal Opportunity Initiative states a clear disapproval of discrimination and illegal preferential treatment, but preserves the State’s ability to act consistently with the U.S. Constitution and to enact modest equal opportunity programs.

The case in the Supreme Court had raised the question whether Initiative #61 met the “single-subject” standards required to set a title for a ballot initiative. The Supreme Court found that it did meet those standards. Proponents of Initiative #61 may now begin collecting signatures to place the initiative on the ballot. As often happens in these disputes, however, the proponents had already begun to pursue other options, and had drafted a second alternative initiative – this one #82. Professor Hart has been representing the proponents as this second alternative makes its way through the administrative process for inclusion on the ballot.

This pro bono work is one of many election-related matters for which Colorado Law professors and students have taken an interest. This spring, 1L Jeff Rezmovic provided the impetus for an Election Law student organization. Students participated actively in the caucuses, and are planning to continue involvement in the election cycle at all levels in the fall.