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Council adopts its Amendment 82 opposition 11-0. With six days left, here's where both statewide amendments stand

Denver's Council has now gone on record against Amendments 81 and 82. Mail ballots are past the safe mailing date, so ballots go in drop boxes or voting centers by 7 p.m. Nov. 3.

On Monday, Oct. 26, the Denver City Council formally adopted a proclamation opposing Amendment 82, the statewide ballot measure that would put a right to buy and sell natural gas in the Colorado Constitution. A week earlier, it adopted one opposing Amendment 81, on local police reporting to federal immigration authorities.

Proclamations state the Council's position. They don't change city law, and they don't change what's on your ballot. But they put each member's vote on the record a week before Election Day.

What the two amendments would do

Amendment 82 would add two sentences to the state constitution: one giving consumers a right to buy natural gas and one giving utilities and distributors a right to sell it, The Colorado Sun explained. A University of Denver law professor told Denver7 that a constitutional right "trumps state statutes," agency rules and local control. The measure's sponsor is Advance Colorado. The Colorado Municipal League opposes it, saying it would undercut local building-code decisions, Axios Denver reported.

Amendment 81 would require local police and sheriffs to notify the U.S. Department of Homeland Security within 72 hours about certain people charged with crimes whose immigration status is unknown or who are in the country illegally, Denver7 reported. It applies to people charged with a violent crime, or with any crime if they have a prior felony conviction. Boulder County Sheriff Curtis Johnson told Denver7 that people "will no longer trust us." Jon Caldara of the Independence Institute, which supports the measure, told Denver7 it is about cooperation between law enforcement agencies. Advance Colorado also put Amendment 81 on the ballot.

Both are constitutional amendments, so each needs 55% of the vote to pass.

What our records add

The Amendment 82 vote. Proclamation 26-1539 was adopted on a motion by Council Member Paul Kashmann, seconded by Council Member Chris Hinds. Its sponsors were Kashmann, Hinds, Shontel Lewis and Stacie Gilmore. The roll call:

  • Yes (11): Flor Alvidrez, Kevin Flynn, Gilmore, Serena Gonzales-Gutierrez, Hinds, Kashmann, Lewis, Diana Romero Campbell, Amanda Sawyer, Jamie Torres, Darrell Watson
  • Absent (1): Amanda Sandoval

It was first heard at the Transportation and Infrastructure Committee on Oct. 21 (video at 1:25:56).

The Amendment 81 vote. On Oct. 19, the Council adopted 26-1501, sponsored by Torres and Council President Pro Tem Gonzales-Gutierrez, 11-0 with Gilmore absent (roll call). Torres read it into the record (video).

So across the two proclamations, no member voted no; each had one member absent. Our earlier story has more on the Amendment 81 debate.

The 13th seat. Only 12 seats are filled. Voters are choosing an at-large Council member on the same ballot, in a race with 10 candidates and no runoff. See what to know about that race.

How to vote from here

  • Don't mail it. Monday, Oct. 26, was the last day to mail ballots, the Denver Gazette reported. Use a drop box or voting center instead.
  • Deadline: 7 p.m. Tuesday, Nov. 3. Find locations at GoVoteColorado.gov.
  • Turnout so far: 842,056 ballots had been returned statewide as of Oct. 26, according to the Secretary of State's figures cited by the Gazette.
  • Free rides: RTD buses, trains, paratransit and FlexRide are free on Election Day, RTD announced.