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Court stands pat on illegal immigrant initiative
By Myung Oak Kim, Rocky Mountain News
June 26, 2006

The Colorado Supreme Court this morning upheld its recent ruling disqualifying a ballot initiative to deny services to illegal immigrants. The court issued a modified opinion and denied two requests for reconsideration made by Attorney General John Suthers and Defend Colorado Now, the group sponsoring the measure. It is too late for sponsors to revise the measure for the November ballot.

The proposed ballot initiative would prohibit illegal immigrants in Colorado from receiving all taxpayer-funded public services except those required by the federal government — K-12 education, emergency medical care and assistance in the event of a public safety emergency.

The court ruled June 12 that the measure violates the single subject rule by dealing with at least two unrelated issues.

Today's ruling added wording that said "The initiative's failure to specify any definitions, services, effects, or purposes makes it impossible for a voter to be informed as to the consequences of his or her vote.

"This facial vagueness not only complicates this court's attempt to understand the Initiative's subjects, but results in items being concealed within a complex proposal as prohibited by the single subject rule."

Suthers criticized the ruling in a statement released to the press.

"It is our concern that the Title Board will not be able to reconcile this decision with prior decisions of the Court. It appears almost impossible for any future initiated measure to meet the Court's new requirements," Suthers said.

Democratic state lawmakers are trying to call a special session of the Legislature to deal with enforcement of laws against illegal immigration. Gov. Owens has said that he will call his own special session to send the measure to the ballot unless the court reversed itself.

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