Right To Petition & Redress
Bottom Line Up Front: Right to Petition & Redress ensures the government serves its citizens, not the other way around. By safeguarding this right, we empower Coloradans to be active co-authors of their governance. A government that hears and remedies grievances earns the trust of its people. We pledge to make Colorado’s government the most responsive and citizen-friendly in the nation. You should never feel helpless against a bureaucratic wrong – you will have avenues to be heard and to seek justice. That’s a government truly of, by, and for the people.
a. Government Accountability: The First Amendment also guarantees the Right to Petition the Government for a Redress of Grievances. This is a critical, though sometimes overlooked, liberty. It means citizens have the right to directly approach their government – be it through letters, petitions, lobbying, or lawsuits – to seek correction of wrongs and advocate for change. In essence, it’s the right to make your voice heard beyond just voting. Historically, colonists petitioned the King; our Declaration lists how those petitions were ignored. Our Constitution thus enshrined it so government must listen. We view petition and redress as essential for accountability. It covers everything from a single mother writing to her representative about an unfair policy, to a group of neighbors petitioning the city council to fix a road, to large movements pushing ballot initiatives. It includes the right to sue the government when it violates the law (with the government not immune to legitimate judicial redress). We fully support these avenues and will ensure no Colorado law or official improperly impedes them.
b. Current State & Improvements: Colorado has strong traditions of direct democracy: the initiative, referendum, and recall processes are forms of petitioning the government en masse. We applaud that. However, some recent trends have threatened or burdened these rights:
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1. Ballot Initiative Hurdles: In 2016, Amendment 71 (“Raise the Bar”) made it harder to amend the state constitution – requiring 55% supermajority and a distribution of petition signatures across senate districts. This has protected the constitution from quick changes, but it also makes citizen initiatives more daunting (and expensive, often requiring big money to gather signatures). We will monitor whether this has unduly stifled grassroots efforts. We may consider supporting a moderate reform: for instance, if an initiative proposes to repeal an amendment or reduce government power, perhaps it shouldn’t need 55%. Currently, repeals are exempt from 55% rule (71 allowed that) – which is good. We maintain that. For statutory initiatives (which are still simple majority), we should resist any attempts to raise requirements. In fact, the legislature’s habit of changing voter-approved statutes after a period is troubling (e.g., Amendment 23 education funding formula was altered later). We might propose a rule that voter-approved statutes can’t be amended by lawmakers for at least some years without a supermajority, to respect the petition results. See ratification reform.
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2. Accessibility of Petitioning Government: Not everyone can come to the Capitol to testify or meet officials. We will expand e-petition options. For example, allow official submission of public comments electronically on pending bills, which legislators must at least read/respond to in aggregate. Many local governments already allow email comments or virtual attendance post-COVID – we encourage state bodies to keep doing that. If a group files a formal petition (like a petition for rulemaking with an agency), we’ll direct agencies to respond promptly (the right to redress implies government addresses grievances in good faith). We could implement a tracking system so citizens see their petitions’ status.
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3. Preventing Retaliation: Sometimes citizens fear that if they speak up or sue the government, they’ll face retaliation (like a business being targeted for inspections if the owner is politically active). That is unacceptable. We will enforce strong whistleblower protections and anti-retaliation laws. If any official retaliates against someone for petitioning (e.g., firing a public employee who lobbied for policy, or denying a permit because the applicant publicly criticized the agency), we will take disciplinary action. Government must welcome input, even critical, not punish it.
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4. Law Enforcement of Petition Rights: We recall a case where petition signature gatherers were harassed or laws made it too strict (like making it a felony to pay per signature, which Colorado banned to avoid fraud – a sensible measure, but we must ensure it’s not overly burdensome to find circulators). We will ensure law enforcement protects signature gatherers from intimidation, and that rules for circulators (ID badges, etc.) are reasonable. Also, timely counting and verifying of petitions by the Secretary of State’s office should be transparent and fair – we commit to adequate resources so that no valid petition fails due to bureaucratic delay or error.
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5. Redress through Courts: Colorado citizens must have clear pathways to sue the state or local governments when rights are violated. We support easing procedural hurdles like standing, so that if, say, the legislature passes a blatantly unconstitutional law, citizens can challenge it without being tossed out on technicalities. Also, Colorado’s governmental immunity law (CGIA) often protects government from lawsuits except in certain cases; we may look at expanding exceptions, especially for egregious harms (e.g., if an official knowingly violates someone’s rights, shouldn’t immunity be waived?). At minimum, we support continuing to allow civil rights suits in state court analogous to federal Section 1983 claims. Redress means an effective remedy – we want our state courts to be venues where citizens can hold state actors accountable.
6. Working with Grievances: Our administration will take grievances seriously. We might institute a “People’s Ombudsman” office – an independent office that any Coloradan can contact with complaints about state agencies. This office could investigate and help resolve issues without needing full litigation. It’s part of redress – giving people an avenue to get help when normal channels fail. We also plan regular town halls and listening tours across Colorado. Petitioning isn’t just formal processes; it’s also everyday people approaching leaders to say, “Here’s what’s wrong and how to fix it.” We promise to listen and, where possible, act.