Thinking About the Colorado Ballot, And About Compromise

Your blogger is spending election day in Colorado, following results of the 18 measures on the state ballot here. I've also been showing around 10 foreign visitors -- academics, journalists, activists -- who study, write about or are involved in the initiative and referendum process in other countries.

Colorado is a crucial swing state in the presidential campaign. John McCain is even campaigning on election day here, holding a rally in Grand Junction, on the western side of the state. But it's also been the site of a bitter business vs. labor battle, with both groups qualifying multiple measures for the ballot. Four weeks ago, however, some business groups and labor unions negotiated a limited peace. Business groups agreed to abandon support for thier measures and even campaign against three of the business-backed measures--most notably Measure 47, an initiative to make Colorado a "Right to Work" state. In return, labor agreed to "withdraw" four measures. But here's the interesting wrinkle.

It was too late to take the measures physically off the ballot. Ballot materials had been printed. But Colorado permits initiative sponsors to withdraw anyway. Any votes cast for or against the initiative are thus void. This is a reform that other states should consider. California's initiative process is particularly inflexible. As soon as initiatve sponsors turn in signatures there, they can't withdraw the measure. But by making withdrawal possible until some time shortly before the election, the state would increase the opportunity for compromise.