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Democrats issue call to hold special session
Owens says he also plans to call back state's lawmakers

By April M. Washington, Rocky Mountain News
June 23, 2006

Democrats called the governor's bluff Thursday in a high-stakes game of political poker on the issue of illegal immigration.

In an unprecedented move, Democratic leaders issued a call for a special legislative session addressing their proposal to beef up enforcement of anti-immigration laws and target employers who hire illegal workers.

The 4 p.m. call came five hours after Senate President Joan Fitz-Gerald and House Speaker Andrew Romanoff met with Gov. Bill Owens, who last week threatened to call his own special session.

"It was less than a satisfactory meeting," said Fitz-Gerald, D-Coal Creek Canyon. "I don't really get the sense of what the governor wants to do. We must find tough, fair, enforceable and practical solutions to Colorado's illegal immigration issues. Our call reflects that objective."

Democrats and Owens have been skirmishing for several days over immigration.

The governor wants to revive a proposed ballot measure, shot down by a court last week, that would deny most taxpayer-funded state services to illegal immigrants. Owens says the measure should go before voters.

Owens told Fitz-Gerald in their Thursday morning meeting that the special-session agenda was his to set.

"Madam President, I'm not going to let you define the call," he said. "That's my responsibility.

"I'm not going to let the president of the Senate broaden it and say we can't put an immigration initiative on the ballot," he added. "You call your special session, and I'll call mine," he told Fitz-Gerald and Romanoff.

Owens said he plans to call his special session soon, but he would not give a date.

The Colorado Supreme Court touched off the political firestorm last week when it disqualified from the November ballot a measure to deny illegal immigrants most state services, as well as city and county services. The justices said the initiative violated the state's single-subject rule.

Owens urged the justices to reverse their decision, and threatened a special session if they refuse.

"I believe the Supreme Court's actions were political," Owens said. "There is no state statute that says state and local governments cannot provide services to people who are here illegally."

Romanoff disputed that, arguing that Colorado law already bans services to illegal immigrants, except for emergency services.

Having the legislature pass another law on the issue is "merely symbolic," he said.

"This is in danger of deteriorating into a game of political chicken." Romanoff said. "Before we march off into a special session and set the meter running at $15,000 a day, I would argue we should get a handle the so-called problem."

Colorado governors have called the legislature back into session, but never in the state's history have lawmakers called themselves back.

To pull off the historic power play, Democrats need 15 GOP swing votes to attain a two-thirds majority approval, and many political watchers say they will never get them.

"It's completely an idle bluff," said Eric Sondermann, a political consultant. "In this particular poker game, the governor holds all the high cards.

"The Democrats are trying to exert any leverage they have in how the call for the special session is crafted so that the governor doesn't craft it too narrowly," Sondermann said. "At the end of the day, the special session will be called on his timetable and his agenda."

Republicans have made illegal immigration their cornerstone issue this election year, and Democrats cannot appear weak on the issue, said Floyd Ciruli, a political pollster.

"This is just a gesture," he said of the Democrats' effort to try to call a session. "The Republicans are going to stay united with the governor and make the argument that the problem has to do with the justices not allowing the public to vote."

He said that illegal immigration is a difficult issue for Democrats, who may not believe that the ballot issue is the right solution, but need to consider the mood of the voters, too.

Romanoff and Fitz-Gerald admitted that they are facing an uphill climb. But it's GOP lawmakers, not Democrats, who face the prospect of appearing disingenuous on immigration issues, they said.

"If they (Republican lawmakers) want to help us solve the issue, they will sign the call and come back," Fitz-Gerald said. "If they don't, then it shows that the issue of illegal immigration is purely politics for them."

The two sides of special session

• What happened: Democrats, who control the legislature, called for a special session starting July 10 to deal with immigration issues. It is the first time lawmakers, rather than the governor, have made the call.

• Why: Democrats want to discuss their plan to beef up enforcement of existing anti-immigration laws and to make employers verify workers' legal status.

• GOP Gov. Bill Owens: Opposes the Democrats' special session because he is considering calling his own, which would allow him to control the agenda.

• Owens' session: Would address a proposed ballot measure, shot down by the state Supreme Court last week, to deny most state services to illegal immigrants. Owens wants to revive it so voters have a say.

• What's next: Democratic leaders will send their "Request For Extraordinary Session" to all 100 lawmakers, asking them to sign and return it. They need signatures from two-thirds of each house. Democrats control the House 35-30 and the Senate 18-17.The Associated Press Contributed To This Report.