The Council took sides on three statewide measures. Early returns went its way on two

This fall the Denver City Council adopted three proclamations against statewide ballot measures. Early, unofficial statewide returns Tuesday night showed two of them failing and the third ahead.

Why it matters: proclamations don't change law, but each of these measures would have changed what Denver's own government can do: how its police and sheriff work with federal immigration authorities, whether it can steer buildings away from natural gas, and how fentanyl cases move through local courts and jails.

The early results

From the Colorado Springs Gazette's statewide roundup, published at 10:39 p.m. Tuesday, Nov. 3, using early, unofficial returns (Gazette):

• Amendment 81 (local police and sheriffs notifying federal immigration authorities about certain people charged with crimes): 44% yes, 55% no. CPR News also reported that voters were rejecting it.
• Amendment 82 (a constitutional right to buy and sell natural gas): 45% yes, 54% no.
• Proposition 132 (tougher fentanyl penalties): reported ahead, at 52%. We could not confirm that figure with a second outlet by publication time.

Amendments 81 and 82 change the state constitution, so each needs 55% to pass. Proposition 132 is a statute and needs a simple majority, according to the state Blue Book. Counties keep counting after election night, and results are not final until certified. Statewide results are posted by the Colorado Secretary of State; Denver's own count is on the city's results page. We did not find Denver-only results for these three measures by publication time.

What our records add: the three proclamations

Amendment 81: 11-0. On Oct. 19, the Council adopted 26-1501, opposing Amendment 81 and affirming Denver's 2017 Public Safety Priorities Act, which limits city cooperation with federal immigration enforcement (roll call). Sponsors were Jamie Torres and Council President Pro Tem Serena Gonzales-Gutierrez. Stacie Gilmore was absent. Torres read it into the record (video), and Gonzales-Gutierrez said the measure would force local law enforcement to work with ICE and hurt trust (video).

Amendment 82: 11-0. On Oct. 26, it adopted 26-1539, sponsored by Paul Kashmann, Chris Hinds, Shontel Lewis and Gilmore (roll call). Amanda Sandoval was absent. The Colorado Municipal League had opposed the measure, saying it would undercut local building-code decisions, Axios Denver reported.

Proposition 132: 11-0. On Oct. 13, it adopted 26-1464, opposing the fentanyl penalties measure, with Gilmore absent (Legistar). At committee, Sandoval explained that Council rules require a committee discussion before the body takes a position on a ballot measure (video).

Across the three, no member voted no. Each had one member absent. Our earlier stories cover the Amendment 81 debate and the Amendment 82 vote.

What it means locally

• If 81 fails, no new state reporting requirement applies to Denver police and sheriff's deputies, and Denver's Public Safety Priorities Act is not overridden by the constitution.
• If 82 fails, the constitution doesn't change, so the concern the Colorado Municipal League raised about local building codes doesn't come into play.
• If 132 passes, tougher fentanyl penalties apply statewide, including in Denver cases. Legislative Council staff estimated the state's costs would rise over five years, according to the Blue Book.

What's next

Colorado counties certify results in late November; Denver's canvass is Nov. 24, according to the Denver Elections Division. We'll update the Prop 132 figure when more complete returns are available.