Denver voters rejected the fentanyl penalties measure 2-to-1. Statewide, it was ahead
Proposition 132 had about 34% yes in Denver's latest count and about 52.5% statewide on election night. Denver also turned down Amendments 81 and 82 by wider margins than the state. The Council opposed all three.
Denver voters turned down Proposition 132, the statewide measure to raise penalties for fentanyl crimes, by about two to one, according to the city's latest unofficial count. Statewide, the measure was ahead on election night.
- In Denver: 33.84% yes, 66.16% no (82,562 to 161,437), in the Denver Elections Division's update labeled 5 p.m. Wednesday, Nov. 4 (report).
- Statewide: 52.5% yes and 47.5% no as of 11:51 p.m. Tuesday, the Colorado Sun reported, calling the race too close to call. Colorado Politics reported 52.46% yes from the initial tally. We could not verify a later statewide figure by publication time.
Why it matters: Proposition 132 is a state statute. If it passes, its penalties apply to cases in Denver, whatever Denver voters chose. Our election-night story said we would update its result once we could confirm it with a second outlet. Two outlets now report the same election-night figure.
All results here are unofficial. Statewide results are posted by the Colorado Secretary of State; Denver's are on the city's results page.
The three measures the Council opposed, in Denver and statewide
- Amendment 81 (local police and sheriffs notifying federal immigration authorities about certain people charged with crimes): 23.40% yes in Denver; 44% statewide.
- Amendment 82 (a constitutional right to buy and sell natural gas): 25.22% yes in Denver; 45% statewide.
- Proposition 132 (fentanyl penalties): 33.84% yes in Denver; 52.5% statewide.
Denver figures are from the city's 5 p.m. Wednesday report. Statewide figures for 81 and 82 are from the Colorado Springs Gazette's roundup published at 10:39 p.m. Tuesday. Amendments 81 and 82 change the state constitution and need 55% to pass. Proposition 132 needs a simple majority, according to the state Blue Book.
In Denver, 81 drew 57,335 yes votes and 187,673 no; 82 drew 61,332 yes and 181,860 no.
What our records add: the Council's three 11-0 votes
This fall the Council adopted a proclamation against each measure. None drew a no vote; each had one member absent.
- Proposition 132, Oct. 13: 26-1464, with Stacie Gilmore absent (Legistar). At committee, Amanda Sandoval explained that Council rules require a committee discussion before the body takes a position on a ballot measure (video).
- Amendment 81, Oct. 19: 26-1501, sponsored by Jamie Torres and Serena Gonzales-Gutierrez, which also affirmed Denver's 2017 Public Safety Priorities Act (roll call, video).
- Amendment 82, Oct. 26: 26-1539, sponsored by Paul Kashmann, Chris Hinds, Shontel Lewis and Gilmore (roll call).
Proclamations state a position; they don't change law. Denver voters lined up with the Council on all three. Statewide, 81 and 82 were failing and 132 was ahead.
What Proposition 132 would change
Under the measure, making, distributing or selling fentanyl, carfentanil and certain other synthetic opioids would become a level 1 drug felony, punishable by eight to 32 years in prison, and the law would take effect in 2027, the Colorado Sun reported. The Sun reported that it would increase prison populations and costs, and Legislative Council staff estimated state costs would rise over five years, according to the Blue Book. We found no city estimate of the effect on Denver's courts or jail.
What's next
- Counting continues statewide. Counties certify results in late November; Denver's canvass is Nov. 24.
- If 132 holds, it takes effect in 2027, according to the Sun.
- We'll update this story with a later statewide count when we can confirm one. Our updated story on the city measures has the rest of Denver's ballot.