The history of migration worldwide is too complex for a caption, but U.S. concerns haven’t always been about people from south of the Rio Grande. Still, Amendment 76 could apply to non-citizens no matter their country of origin, should it pass.

In Brief: Current language in the Colorado Constitution says “Every citizen of the United States” who is 18 or older, lived in Colorado long enough, and is duly registered, may vote in every election. Amendment 76 would amend the Constitution to say “Only a citizen…” instead of “Every citizen…” Amendment 76 would require 55% of voter approval to pass.

Why or Why Not?: According to proponents, Amendment 76 would close what they call a “non-citizen loophole” in the current Colorado Constitution. The current Constitutional language does not specifically prohibit extending voting rights to non-citizens, according to the state Blue Book election guide, though it does include the phrase “citizen of the United States” as one of the qualifications to legally vote.

Current Constitutional language also does not expressly prohibit extending voting rights to potential voters under the age of 18, and state law does allow 17-year-olds who will turn 18 by the general election to vote in primaries. Passing Amendment 76 would prevent 17-year-olds from voting in primaries.

Amendment 76 Pro:

Amendment 76 Con:

  • Current language in the Colorado Constitution already expressly says that a “citizen of the United States” who meets all other requirements is eligible to vote, so non-citizens can’t legally vote and therefore Amendment 76 is unnecessary.
  • Amendment 76 would prevent 17-year-olds who will turn 18 by the general election from voting in primaries, which takes away a voting right that’s currently in place.

Richard’s Take: Vote NO. Non-citizens currently cannot vote in Colorado elections, and this is already in the Constitution though proponents believe the language is insufficient. While proponents believe the measure is a good idea, it’s simply not necessary right now. Proponents can try again in any election cycle if for some reason non-citizen voting seems a credible threat. Also, making it illegal for 17-year-olds who will turn 18 by the general election to vote in primaries is a hard deal-breaker for me.