What the Colorado Constitution says about voting methods
Jan Kok
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I looked in the Colorado Constitution for stuff relating to elections.
I've copied what I found below.
It looks to me like the Constitution allows Approval Voting, Range
Voting, and probably IRV, except perhaps for Governor and Lt.
Governor.
The Constitution doesn't say anything about the form of the ballot or
how voters should cast their votes for any office except for Gov/Lt.
Gov., where it says: "The governor and the lieutenant governor shall
be chosen jointly by the casting by each voter of a single vote
applicable to both offices."
Later it says: "The joint candidates having the highest number of
votes cast for governor and lieutenant governor, and the person having
the highest number of votes for any other office, shall be declared
duly elected..."
So I think Approval Voting (vote for as many candidates as you like,
count all the votes, whoever gets the most votes wins) is
constitutional for all offices except Gov./Lt. Gov.
Range Voting is also constitutional for all offices except Gov./Lt.
Gov., if you interpret Range Voting as "give each candidate any
fractional number of votes from 0 to 1; whoever gets the most votes
wins." ("Fractional" votes are recommended because other parts of the
Constitution make reference to the "number of votes cast for Secretary
of State", etc.)
If you argue that the IRV winner "[has] the highest number of votes"
then IRV seems constitutional as well for all offices except Gov./Lt.
Gov.
The problem with the Gov./Lt. Gov. office is that the Constitution
says "[they] shall be chosen jointly by the casting by each voter of a
single vote..."
One way we could try to get around that wording in the Constitution is
to say that the meaning of "vote" is different in these two phrases:
"single vote" and "highest number of votes." In the first phrase, it's
just saying that the Gov. and Lt. Gov. are to be elected jointly (and
you can also argue that a "vote" is whatever mark or set of marks you
make on your ballot); in the second phrase, the "votes" are just
numbers produced by the election method.
Excerpts from the Constitution are copied below.
Cheers,
- Jan
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Here is what I found at
http://www.i2i.org/Publications/ColoradoConstitution/cnart4.htm
ARTICLE IV
Executive Department
Section 1. Officers terms of office. (1) The executive department
shall include the governor, lieutenant governor, secretary of state,
state treasurer, and attorney general, ...
Section 3. State officers election returns. The officers named in
section one of this article shall be chosen on the day of the general
election, by the registered electors of the state. The governor and
the lieutenant governor shall be chosen jointly by the casting by each
voter of a single vote applicable to both offices. The returns of
every election for said officers shall be sealed up and transmitted to
the secretary of state, directed to the speaker of the house of
representatives, who shall immediately, upon the organization of the
house, and before proceeding to other business, open and publish the
same in the presence of a majority of the mlooembers of both houses of
the general assembly, who shall for that purpose assemble in the house
of representatives. The joint candidates having the highest number of
votes cast for governor and lieutenant governor, and the person having
the highest number of votes for any other office, shall be declared
duly elected, but if two or more have an equal and the highest number
of votes for the same office or offices, one of them, or any two for
whom joint votes were cast for governor and lieutenant governor
respectively, shall be chosen thereto by the two houses, on joint
ballot. Contested elections for the said offices shall be determined
by the two houses, on joint ballot, in such manner as may be
prescribed by law.
[As amended November 5, 1968. (See Laws 1967, p. 1083.); as amended
November 6, 1984 Effective upon proclamation of the Governor,
January 14, 1985. (For the text of this amendment and the votes cast
thereon, see L. 84, p. 1143, and L. 85, p. 1791.)]
-----------------------------------------
http://www.i2i.org/Publications/ColoradoConstitution/cnart5.htm
ARTICLE V
Legislative Department
Section 1. (2) The first power hereby reserved by the people is the
initiative, and signatures by registered electors in an amount equal
to at least five percent of the total number of votes cast for all
candidates for the office of secretary of state at the previous
general election shall be required to propose any measure by
petition,...
(part (3) has similar wording)
(I didn't see any mention at all of the voting method to be used for
electing senators and representatives.)
----------------------------
http://www.i2i.org/Publications/ColoradoConstitution/cnart9.htm
ARTICLE IX
Education
Section 12. Regents of university. There shall be nine regents of the
university of Colorado who shall be elected in the manner prescribed
by law for terms of six years each...
Section 15. School districts board of education. The general
assembly shall, by law, provide for organization of school districts
of convenient size, in each of which shall be established a board of
education, to consist of three or more directors to be elected by the
qualified electors of the district...
----------------------------
http://www.i2i.org/Publications/ColoradoConstitution/cnart20.htm
ARTICLE XX
Home Rule Cities and Towns
Section 5. New charters, amendments or measures. The citizens of the
city and county of Denver shall have the exclusive power to amend
their charter or to adopt a new charter, or to adopt any measure as
herein provided;
It shall be competent for qualified electors in number not less than
five percent of the next preceding gubernatorial vote in said city and
county to petition the council for any measure...
----------------------------
Section 1. State officers may be recalled. ...
A petition signed by registered electors entitled to vote for a
successor of the incumbent sought to be recalled, equal in number to
twentyfive percent of the entire vote cast at the last preceding
election for all candidates for the position which the incumbent
sought to be recalled occupies, demanding an election of the successor
to the officer named in said petition, shall be filed in the office in
which petitions for nominations to office held by the incumbent sought
to be recalled are required to be filed; provided, if more than one
person is required by law to be elected to fill the office of which
the person sought to be recalled is an incumbent, then the said
petition shall be signed by registered electors entitled to vote for a
successor to the incumbent sought to be recalled equal in number to
twentyfive percent of the entire vote cast at the last preceding
general election for all candidates for the office, to which the
incumbent sought to be recalled was elected as one of the officers
thereof, said entire vote being divided by the number of all officers
elected to such office, at the last preceding general election; and
such petition shall contain a general statement, in not more than two
hundred words, of the ground or grounds on which such recall is
sought, which statement is intended for the information of the
registered electors, and the registered electors shall be the sole and
exclusive judges of the legality, reasonableness and sufficiency of
such ground or grounds assigned for such recall, and said ground or
grounds shall not be open to review.
Section 3. Resignation filling vacancy. ...
If the vote had in such recall elections shall recall the officer then
the candidate who has received the highest number of votes for the
office thereby vacated shall be declared elected for the remainder of
the term, and a certificate of election shall be forthwith issued to
him by the canvassing board. In case the person who received the
highest number of votes shall fail to qualify within fifteen days
after the issuance of a certificate of election, the office shall be
deemed vacant, and shall be filled according to law.
Section 4. Limitation municipal corporations may adopt, when. ..
After one recall petition and election, no further petition shall be
filed against the same officer during the term for which he was
elected, unless the petitioners signing said petition shall equal
fifty percent of the votes cast at the last preceding general election
for all of the candidates for the office held by such officer as
herein above defined.
-----------------------------------
http://www.i2i.org/Publications/ColoradoConstitution/cnschedu.htm
Schedule (regarding the transition from territory to state)
Section 20. Presidential electors after 1876. The general assembly
shall provide that after the year eighteen hundred and seventysix the
electors of the electoral college shall be chosen by direct vote of
the people.