Proposed MMP ballot initiative in Colorado

[Gary Swing]

On Wed, 15 Apr 1998, New Democracy wrote:

> Gary,
> 
>      May we see a copy of your proposed MMP ballot initiative for Colorado?
> 
> Thank you
> 
> Donald

Sure. This should be correct. However, there is a small amount of
strikeout text which will not appear as such in this format. 

The 1998 effort will most likely be a trial run for the 1999-2000
election cycle. Another possible option for 1999-2000 would be an 
STV-list system, based on what I would call "Hallett's Second Best
Method." I have not yet drafted an update of George Hallett's proposed
STV-list system from the 1920s. Hallett advocated regular STV, but
suggested an alternative system (second best, in his view) using STV as
the mechanism for an open list system. I think Hallett's second choice
would be my first choice, but MMP is a compromise which preserves some
district representation.

I also have a ten page legislative council staff review and comment
document from the first official hearing on the CO MMP proposal, if you or
anyone else would like a copy. I can mail it, or email it, though I lost
some text in my first upload attempt.

Best wishes,

Gary
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Proposed initiative concerning election of the General Assembly by
mixed-member proportional representation

Be It Enacted by the People of the State of Colorado:

SECTION 1.  Section 2, and section 3 (1), and section 46, Article V of the
Constitution of the State of Colorado, ARE REPEALED AND REENACTED to read:  

Section 2. General assembly - general assembly elected by mixed-member
proportional representation - members - party lists - ballots - oath ­
vacancies. 

(1) A general election for members of the general assembly shall be held
on the first Tuesday after the first Monday in November in each
even­numbered year, at such places in each county as now are or hereafter
may be provided by law.

(2) The general assembly shall be elected by mixed-member proportional
representation.  

(3) Commencing after January 1, 2001, the general assembly shall consist
of not less than thirty-five members of the senate and not less than
sixty­five members of the house of representatives. Fifteen senators shall
be elected from districts and not less than twenty senators shall be
elected at-large by a proportional method by the electors of the entire
state. Thirty representatives shall be elected from districts and not less
than thirty-five representatives shall be elected at-large by a
proportional method by the electors of the entire state. One member of the
senate and one member of the house of representatives shall be elected
from each senatorial district and each representative district,
respectively. 

(4) Each political party shall be represented on the ballot by a slate of
candidates and alternates known as the party list. General election
ballots for each house of the general assembly shall enable each voter to
cast two votes, the first for one of the candidates in his or her
district, the second for one of the party lists or for an individual
candidate within a party list, or for an independent candidate to be
elected at-large. Votes cast for an individual within a party list shall
also count as a vote for the party list itself, for the purpose of
determining the number of seats to be awarded to each party. A candidate
who is nominated for a district may also be nominated for a party list for
the same house. The second votes cast for the party lists are counted and
the seats distributed among the parties in proportion to the number of
votes given for their list in accordance with the largest remainder method
of calculation. The number of district seats obtained by the parties is
then deducted from the number of party seats established by the largest
remainder method and the remainder given to the party list candidates in
the order in which they are ranked by the party or by the voters.
Candidates elected to the general assembly on a district vote are no
longer considered as list candidates.  A party may find itself with what
are known as "overhang" seats if it has obtained more district seats on
the basis of first votes than it is entitled to according to the result of
the calculation based on the second votes.  If there are overhang seats in
either house of the general assembly, the total number of members elected
to that house shall be increased by the number of overhang seats.

(5) Each political party shall establish its party list no later than 84
days prior to the general election by a primary, convention, nominating
petition, or other candidate selection process to be established by law.
Each political party may submit one party list for each house of the
general assembly per general election. A party list may contain up to
thirty-five candidates for the house of representatives or up to twenty
candidates for the senate and any number of alternates to fill positions
vacated by candidates. Each political party shall rank its candidates and
alternates on its party list in order of preference. An independent
candidate may be nominated for a party list seat by a petition signed by
at least two hundred registered electors of the state, or may be nominated
for a district seat by a petition signed by at least two hundred
registered electors of the district. No candidate may be nominated for
party lists of more than one party or more than one house of the general
assembly. The general assembly may establish minimum qualifications for
the nomination of candidates and alternates.

(6) The total number of valid second votes cast for party lists in an
election for the house of representatives shall be divided by sixty-five.
The total number of valid votes cast for party lists in an election for
the senate shall be divided by thirty-five. That result is the initial
threshold for each house.  Each party or independent candidate not
receiving votes equal to or exceeding the initial threshold shall not be
awarded any seats, and the votes for these parties and candidates shall be
eliminated from further consideration.  Each independent candidate
receiving a number of votes equal to or exceeding the initial threshold
shall be allocated one seat, and the votes for each of these candidates
shall be eliminated from further consideration. The party seat allocation
threshold shall then be established by dividing the total number of valid
votes cast for party lists which equaled or exceeded the initial threshold
by the total number of seats remaining to be filled after seats have been
allocated to independent candidates.   

(7) Party seat allocation shall be determined by the largest remainder
formula. The total number of valid votes cast for each remaining party
shall be divided by the party seat allocation threshold to determine the
initial number of seats to be awarded each political party. Each political
party shall then be awarded the greatest whole number of seats determined
by the party allocation threshold.  Valid votes cast for each political
party which do not result in whole numbers when divided by the seat
allocation threshold are considered remainder votes and will be used for
allocating remaining unfilled seats, if any exist. The process shall begin
by awarding one seat to the political party with the highest number of
remainder votes and shall continue, if necessary, by awarding one seat to
each successive party, in descending order of remainder votes, until all
seats are filled. 
	
(8) After the number of seats won by each political party has been
determined, the party list ballots cast for each party shall be sorted
into slate ballots and personal ballots. A "slate ballot" is a ballot
marked for a party list and not marked for any candidate individually. A
"personal ballot" is a ballot marked for an individual candidate within a
party list. 

(9) The slate ballots of each party list shall be credited to the first
candidates on the list, just enough to each, to bring his or her total up
to the party seat allocation threshold. Every candidate who thus reaches
the party seat allocation threshold shall be declared elected. Remaining
slate ballots shall be credited to the next listed candidate.   

(10) The personal ballots shall next be sorted, and shall each be credited
to the unelected candidate preferred on it to all others. If the
individual candidate marked by the voter has already been elected, the
ballot shall be credited to the next-ranked unelected candidate on the
party list. Every candidate who thus reaches the party seat allocation
threshold shall be declared elected, and any ballots in excess of the
party seat allocation threshold shall be credited to the next-ranked
unelected candidate on the party list. Any remaining unfilled seats
allocated to a party list shall be awarded to each succeeding list
candidate credited with largest number of remainder votes, until all seats
are filled.  

(11) Each member of the general assembly, before entering upon official
duties, shall take an oath or affirmation to support the constitution of
the United States and of the state of Colorado and to faithfully perform
the duties of office according to the best of her or his ability.  This
oath or affirmation shall be administered in the chamber of the house to
which the member has been elected.
 
(12) Any seat vacated by a party list member by reason of death,
resignation, or otherwise shall be filled by the next candidate or
alternate on the same party list who does not already hold a seat, unless
that person no longer meets the qualifications established by law. If a
party is allocated more seats in either house than the number of
candidates and alternates contained on its party list for that house, a
vacancy shall be created.  Any vacancy in the office of a district member
or party list member for which no candidate or alternate on the same party
list remains available, shall be filled in the manner prescribed by law. A
person appointed to fill a vacancy for a district seat or a party list
seat shall be a member of the same political party, if any, which
nominated the person whose termination of membership in the general
assembly created the vacancy.

Section 3. Terms of representatives and senators. 

(1) Representatives shall be elected for the term of two years. The
senators elected in 1998 shall serve for a term of two years. Commencing
with the general election in 2000, all senators shall be elected
concurrently for the term of four years.  

Section 46. Representative and senatorial districts. The state shall be
divided into thirty representative districts and fifteen senatorial
districts. Each district of each house shall have a population as nearly
equal as may be, as required by the constitution of the United States, but
in no event shall there be more than five percent deviation between the
most populous and the least populous district. 

SECTION 2.  Section 4, and section 48 (1)(a) and (1)(b) and (1)(e),
Article V of the Constitution of the State of Colorado, ARE AMENDED to
read:  

Section 4.  Qualifications of members. No person shall be a representative
or senator who shall not have attained the age of twenty-five years, who
shall not for at least twelve months next preceding his OR HER election,
have resided within the territory included in the limits of the county or
district , IF ANY, in which he OR SHE shall be chosen; provided, that any
person who at the time of the adoption of this constitution, was a
qualified elector under the territorial laws, shall be eligible to the
first general assembly.

Section 48. Revision and alteration of districts ­ reapportionment
commission.

(1) (a) After each federal census of the United States, AND IN 1999, the
general assembly districts shall be established, revised, or altered, and
the DISTRICT members of the senate and the house of representatives
apportioned among them, by a Colorado reapportionment commission
consisting of eleven members, to be appointed and having the
qualifications as prescribed in this section.  Of such members, four shall
be appointed by the legislative department, three by the executive
department, and four by the judicial department of the state.  

(b) The legislative members shall be the speaker of the house of
representatives, the minority leader of the house of representatives, and
the majority and minority leaders of the senate, or the designee of any
such officer to serve in her or his stead, which acceptance of service or
designation shall be made no later than July 1 of the year following that
in which the federal census is taken, AND IN 1999. The three executive
members shall be appointed by the governor between July 1 and July 10 of
such year, and the four judicial members shall be appointed by the chief
justice of the Colorado supreme court between July 10 and July 20 of such
year.

(e) Within ninety days after the commission has been convened or the
necessary census data are available, whichever is later, the commission
shall publish a preliminary plan for reapportionment of the DISTRICT
members of the general assembly and shall hold public hearings thereon in
several places throughout the state within forty­five days after the date
of such publication. Within forty­five days after the completion of such
hearings, the commission shall finalize its plan and submit the same to
the Colorado supreme court for review and determination as to compliance
with sections 46 and 47 of this article. Such review and determination
shall take precedence over other matters before the court.  The supreme
court shall adopt rules for such proceehe plan or return the plan and the
court's reasons for disapproval to the commission.  If the plan is
returned, the commission shall revise and modify it to conform to the
court's requirements and resubmit the plan to the court w secretary of
state for implementation no later than March 15 of the second year
following the year in which the census was taken AND IN THE YEAR 2000. The
commission shall keep a public record of all the proceedings of the
commission and shall be responsiArticle V of the Constitution of the State
of Colorado, ARE REPEALED:  

Section 5. Classification of senators. The senate shall be divided so that
one­half of the senators, as nearly as practicable, may be chosen
biennially.  

Section 45. General assembly. The general assembly shall consisbe elected
from each senatorial and each representative district, respectively. 

SECTION 4.

(1) This measure shall become effective and implementation shall begin on
January 1, 1999. The general assembly shall be elected by mixed-member
proportional rmmediately following approval.

(2) If any part of this subsection is declared unconstitutional by a court
of competent jurisdiction, the remaining parts shall survive in full force
and effect. If a conflict arises between this amendment and any other
provision of law, the policies and purposes of this amendment shall
govern.ppropriate legislation.

[END]

Proponents:

Gary Swing						James Harrington
2223 E. 21st Avenue #2					375 S. 40th Street
Denver, CO 80205					Boulder, CO 80303
Phone: (303) 545-5041