In Re: Interrogatory Propounded by Governor John Hickenlooper Concerning the Constitutionality of Certain Provisions of Article XXI, § 3 of the Constitution of the State of Colorado, 2013CO62 (Oct. 21, 2013)

“[T]he United States Supreme Court’s precedent (and common sense) make clear that virtually no regulation that compels voters to take a position can pass constitutional muster.” – Opinion. On August 28, 2013, the Court struck down Colorado’s Constitutional provision known as the Prior Participation Requirement (PPR) as violative of the US Constitution. This opinion explains why. The Court exercised its original jurisdiction to answer an interrogatory from the Governor because a citizen’s right to vote is the essence of a democratic society. The Court then determined that the PPR violated the First and Fourteenth Amendments because it compels speech on the recall question and nullifies a vote on the successor question. The dissenters would not have answered “this hypothetical question” and disagreed that prior participation compels speech once a voter decides to vote.

http://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2013/13SA214.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=9112&courtid=2

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One response to “In Re: Interrogatory Propounded by Governor John Hickenlooper Concerning the Constitutionality of Certain Provisions of Article XXI, § 3 of the Constitution of the State of Colorado, 2013CO62 (Oct. 21, 2013)

  1. Pingback: In Re: Interrogatory Propounded by Governor John Hickenlooper Concerning the Constitutionality of Certain Provisions of Article XXI, § 3 of the Constitution of the State of Colorado | Colorado Litigation Report ™

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