Colorado Amendment W, Judge Retention Ballot Language Amendment (2018)

Elections in Colorado, 2018

• General election: Nov. 6
• Voter registration deadline: Oct. 29
• Early voting: Mail ballots available Oct. 5
• Absentee voting deadline: Nov. 6

• Online registration: Yes
• Same-day registration: Yes
• Voter ID: Non-photo ID required for in-person voting
• Poll times: 7:00 a.m. to 7:00 p.m.

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Colorado Amendment W
Election date November 6, 2018
Topic State judiciary and Elections and campaigns
Status d Defeated
Type Constitutional amendment	Origin State legislature
List of Colorado measuresColorado Amendment AColorado Amendment VColorado Amendment WColorado Amendment XColorado Amendment YColorado Amendment ZColorado Amendment 73Colorado Amendment 74Colorado Amendment 75Colorado Proposition 109Colorado Proposition 110Colorado Proposition 111Colorado Proposition 112Submit

Colorado Amendment W, the Judge Retention Ballot Language Amendment was on the ballot in Colorado as a legislatively referred constitutional amendment on November 6, 2018. It was defeated.

A "yes" vote supported this amendment to shorten the ballot by allowing county clerks to use one judge retention question for each level of courts with individual judges listed as ballot items below the one judge retention question.

A "no" vote opposed this amendment to shorten the ballot by allowing county clerks to write a single ballot question for each level of courts, thereby maintaining the status quo of repeating the judge retention question above each individual judge’s name.

Supermajority requirement: A 55 percent supermajority vote was required for the approval of Amendment W.

Election results

Colorado Amendment W
Result		Votes	Percentage
Yes		1,262,713	53.81%
No		1,083,712	46.19%

Results are officially certified.

Source

Overview

Amendment design

As of 2018, the Colorado Constitution required county clerks to write separate retention questions on the ballot for each judge or justice standing for retention. Amendment W would have changed that language to allow county clerks to write a single ballot question for each level of courts, thereby shortening the ballot. The measure specified that the ballot language for judicial retention questions would have applied to the following courts, as is specified in Section 1 of Article VI of the Colorado Constitution:

• The Colorado Supreme Court;
• Colorado district courts;
• A probate and juvenile court in the city and county of Denver;
• County courts; and
• Other courts.

Judges or justices of the supreme court or any intermediate appellate court would have been voted on statewide. For judges of a district court, electors would have needed to be of that judicial district; and for judges of the county court or other courts, the electors would have needed to be of that county.

How did this amendment get on the ballot?

To put a legislatively referred constitutional amendment before voters, a two-thirds (66.67%) vote supermajority vote is required in both the Colorado State Senate and the Colorado House of Representatives.

The amendment was introduced into the House of Representatives as HCR18-1001 on February 27, 2018, and passed in the House on April 3, 2018. It was introduced in the Senate on the same day, and passed in the Senate on April 16, 2018, thereby certifying the measure for the ballot. The prime sponsors of the measure were Rep. Pete Lee (D), Rep. Cole Wist (R), Sen. Lois Court (D), and Sen. Bob Gardner (R).

Text of measure

Ballot title

The ballot title was as follows:

“

Shall there be an amendment to the Colorado constitution concerning a change in the format of the election ballot for judicial retention elections?

”

Summary and analysis

The summary and analysis provided for this measure in the Colorado 2018 State Ballot Information Booklet (also known as the Blue Book) was as follows:

Background. In 1966, Colorado voters approved a constitutional amendment that repealed the partisan election of justices and judges and enacted the current process. This process requires justices and judges to be nominated by a judicial nominating commission and then appointed by the Governor. Thereafter, justices and judges must go before voters in a retention election to maintain their seat on the bench. Colorado justices serve on the Supreme Court, and judges serve in all other courts. Judicial retention elections. A retention election asks voters whether incumbent justices or judges should remain in office for another term. In Colorado, justices and judges stand for retention at the end of their judicial terms, and elections are held during the November general election in even-numbered years. Justices or judges do not face an opponent and retain their position if the majority of voters cast a "yes" vote. Colorado state court types. Colorado law requires judicial retention elections for all levels of state courts, including the Supreme Court, district courts, county courts, City and County of Denver Probate Court, Denver Juvenile Court, and any other state court created by the state legislature, such as the Court of Appeals. Current ballot format. Under current law, ballots must be formatted according to the type of office up for election. Federal offices are required to be first on the ballot, followed by state, county, and local offices. The judicial retention candidates are listed after the county or local officers, but before the introduction of ballot measures. For judicial retention elections, the Colorado Constitution requires that a separate question be placed on the ballot for each justice or judge up for retention as follows: "Shall Justice (Judge) ... of the Supreme (or other) Court be retained in office?" YES/NO Judicial retention ballot format under Amendment W. Amendment W requires the county clerk and recorder to display the retention question once for each court type followed by a list of each individual justice or judge seeking retention on that court with the "yes" or "no" option next to each name. "Shall the following Justices (Judges) of the Supreme (or other) Court be retained in office?" YES/NO

Constitutional changes

See also: Article VI, Colorado Constitution

The measure would have amended Section 25 of Article VI of the Colorado Constitution. The following UNDERLINED AND CAPITALIZED text would have been added, and struck-through text would have been deleted:

Section 25. Election of justices and judges. A justice of the supreme court or a judge of any other court of record, who shall desire to retain his OR HER judicial office for another term after the expiration of his OR HER then term of office shall file with the secretary of state, not more than six months nor less than three months prior to the general election next prior to the expiration of his OR HER then term of office, a declaration of his OR HER intent to run for another term. Failure to file such a declaration within the time specified shall create a vacancy in that office at the end of his OR HER then term of office. Upon the filing of such a declaration DECLARATIONS, a question FOR EACH TYPE OF COURT SPECIFIED IN SECTION 1 OF THIS ARTICLE VI shall be placed on the appropriate ballot at such general election, as follows: "Shall Justice (Judge) THE FOLLOWING JUSTICES (JUDGES) .... of the Supreme (or other) Court be retained in office?" THE NAME OF EACH JUSTICE OR JUDGE STANDING FOR RETENTION MUST BE PRINTED OR WRITTEN ON THE BALLOT UNDER THE APPROPRIATE QUESTION. OPPOSITE OR BELOW THE NAME OF EACH JUSTICE OR JUDGE ON THE BALLOT MUST APPEAR THE WORDS: "YES/..../NO/..../." If a majority of those voting on the question vote "Yes", the justice or judge is thereupon elected to a succeeding full term. If a majority of those voting on the question vote "No", this will cause a vacancy to exist in that office at the end of his OR HER then present term of office. In the case of a justice of the supreme court or any intermediate appellate court, the electors of the state at large; in the case of a judge of a district court, the electors of that judicial district; and in the case of a judge of the county court or other court of record, the electors of that county; shall vote on the question of retention in office of the justice or judge.

Readability score

See also: Ballot measure readability scores, 2018

Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure. The FKGL for the ballot title is grade level 16, and the FRE is 22. The word count for the ballot title is 23, and the estimated reading time is 6 seconds. In 2018, for the 167 statewide measures on the ballot, the average ballot title or question was written at a level appropriate for those with between 19 and 20 years of U.S. formal education (graduate school-level of education), according to the FKGL formula. Read Ballotpedia's entire 2018 ballot language readability report here.

Support

Sponsors in the legislature

The prime sponsors of the measure were Rep. Pete Lee (D), Rep. Cole Wist (R), Sen. Lois Court (D), and Sen. Bob Gardner (R).

Official arguments

The supporting argument provided for this measure in the Colorado 2018 Blue Book was as follows:

“

Amendment W helps make the ballot more concise and reader-friendly. A well-designed and shorter ballot will allow voters to complete it more efficiently, which may encourage voter participation. A more compact ballot may also save counties printing and mailing costs, particularly in more populous counties that elect multiple justices or judges and counties that are required to print ballots in both English and Spanish.

”

Opposition

Official arguments

The opposing argument provided for this measure in the Colorado 2018 Blue Book was as follows:

“

Amendment W is unnecessary and risks confusing voters. Under the changes proposed in Amendment W, voters may be uncertain whether they are casting votes in a multi-candidate election or for each individual justice or judge. This potential confusion may increase the likelihood that voters will skip judicial retention questions.

”

Media editorials

See also: 2018 ballot measure media endorsements

Support

• The Durango Herald wrote: "Amendment W, which has broad support in both houses of the Colorado state Legislature, is not as complicated as its ballot language may suggest. At heart, the measure seeks to change how our ballots will ask voters if a judge should be retained. Currently, Colorado ballots list the full retention question for each judge, which can be repetitive if the list of judges is a long one. Under Amendment W, ballots would provide the names of all judges involved for each type of court – and a yes or no option for each – under a single retention question that applies to all of them. Supporters of the measure believe this will clean up and streamline the ballot language, and we agree. We vote YES on Amendment W."

• The Gazette wrote: "Voting for this favors changing future ballots to ask about judicial retention once, instead of repeating the question for each listed judge. El Paso county alone could save tens of thousands of dollars in a single election. Vote yes on Amendment W."

• The Aspen Times wrote: "Resetting the ballot to make it easy to read and understand is a good thing, especially as the ballots get big and the language more in-depth. Having the court listed first and then the name of the judge or justice should be less confusing."

• The Aurora Sentinel endorsed a yes vote on the measure.

Opposition

Ballotpedia did not identify any media editorials in opposition to Amendment W. If you are aware of one, please send an email with a link to editor@ballotpedia.org.

Campaign finance

See also: Campaign finance requirements for Colorado ballot measures

Total campaign contributions:
Support:	$2,632.00
Opposition:	$0.00

One committee was registered to support the measure: Win the Fourth Colorado Issue Committee, which had raised $2,632.00 and had spent $2,538.82. All of Win the Fourth Colorado Issue Committee's contributions came from Win the Fourth Colorado PAC.

Support

Committees in support of Amendment W Supporting committees Cash contributions In-kind services Cash expenditures Win the Fourth Colorado Issue Committee $2,632.00 $0.00 $2,538.82 Total $2,632.00 $0.00 $2,538.82

Totals in support Total raised: $2,632.00 Total spent: $2,538.82

Opposition

One committee was registered to oppose the measure: the State Ballot Issue Committee, which had not reported any campaign finance activity.

Background

Judicial selection in Colorado

See also: Judicial selection in Colorado

Selection of the state court judges in Colorado largely relies on what is known as the Missouri Plan, or the assisted appointment method. Sixteen other states and Washington, D.C. use a similar method of judicial selection. The only courts in Colorado that diverge from the Missouri Plan are the water courts (whose judges are designated by the supreme court) and the municipal courts (whose judges are selected by the municipal governing body).

Retained judges' terms begin on the second Tuesday in January following their election.

Colorado Supreme Court

See also: Assisted appointment

There are seven justices on the Colorado Supreme Court, each appointed by the governor from a list of names compiled by a nominating commission. Initial terms last at least two years, after which justices must stand for retention in a yes-no election. Subsequent terms last ten years.

The chief justice of the supreme court is selected by peer vote and serves in that capacity indefinitely.

If a midterm vacancy occurs on the court, the seat is filled as it normally would be if the vacancy occurred at the end of a justice's term. A judicial nominating commission recommends to the governor three qualified candidates for an appellate court vacancy (two or three for a trial court vacancy), and the governor selects a successor from that list. After occupying the seat for two years, the newly appointed justice stands for retention in the next general election. The justice then serves a full 10-year term if he or she is retained by voters.

Court of Appeals

See also: Assisted appointment

There are 22 judges on the Colorado Court of Appeals, each selected in an identical fashion to those of the Colorado Supreme Court (but serving full terms of eight years instead of ten). Qualifications are also the same, as are policies on interim vacancies and retention.

The court's chief judge is appointed by the chief justice of the supreme court to serve indefinitely.

District Court

See also: Assisted appointment

There are 164 judges on the Colorado District Courts, each selected in an identical fashion to those of the Colorado Supreme Court (but serving full terms of six years instead of ten). Policies on interim vacancies and retention are also the same, and qualifications differ only slightly (see below).

The court's chief judge is appointed by the chief justice of the supreme court to serve indefinitely.

Limited jurisdiction courts

Colorado's limited jurisdiction courts (the county court, municipal court and water court) vary in their selection processes.

County Courts

See also: Commission-selection, political appointment method of judicial selection

Judges of the Colorado County Courts are each appointed by the governor with the help of a commission, except in Denver, Colorado. In Denver, judges are appointed by the mayor rather than the governor. Judges are initially appointed to two-year terms and then run in retention elections for four-year terms afterward. To serve on this court, a judge must be a qualified elector and resident of the county and licensed to practice law in the state. Some small counties only require a high school degree or equivalent but require judges to attend an institute to learn about county court duties.

Municipal Courts

Judges of the Colorado Municipal Courts are appointed to two-year terms by the governing body of their municipality. To serve on this court, a judge must be a high school graduate or equivalent, though candidates with law degrees and experience are given preference. A municipality may also require the judge to be a qualified elector of that municipality or county.

Water Courts

Judges of the Colorado Water Courts are appointed to one-year terms by the state supreme court. The appointees are chosen from among district court judges. Judges To serve on this court, a judge must be a qualified elector of that district and licensed to practice law in the state for five years. This position has a mandatory retirement age of 72.

State judiciary ballot measures

See also: State judiciary on the ballot and List of Colorado ballot measures

Ballotpedia has tracked the following ballot measure(s) relating to the state judiciary in Colorado.

1. Colorado Amendment No. 3, Commission on Judicial Discipline Amendment (1982)
2. Colorado Juvenile Courts in Cities and Counties, Measure 16 (1912)
3. Colorado Amendment No. 3, Appointment and Removal of Judges Initiative (1966)
4. Colorado Proposal No. 1, Judicial System Organization Amendment (1962)
5. Colorado Measure 9, County Judges Terms and Salaries Amendment (1920)
6. Colorado Amendment 1, Compensation and Retirement of Judges Amendment (1952)
7. Colorado Retention Elections of Justices and Judges Amendment (2014)
8. Colorado Duties of the Independent Ethics Commission Amendment (2014)
9. Colorado Referred Law No. 2, Abolition of Death Penalty Measure (1966)
10. Colorado Amendment No. 2, Denial of Bail Amendment (1982)
11. Colorado Amendment H, Independent Judicial Discipline Adjudicative Board Amendment (2024)
12. Colorado Amendment K, Initiative and Referendum Filing and Judicial Retention Filing Deadlines Amendment (2024)
13. Colorado Amendment 3, Property Tax Exemptions Amendment (1952)

Referred amendments on the ballot

From 1996 through 2016, the state legislature referred 29 constitutional amendments to the ballot. Voters approved 15 and rejected 14 of the referred amendments. All of the amendments were referred to the ballot for elections during even-numbered election years. The average number of amendments appearing on even-year ballots was between 2 and 3. The approval rate of referred amendments at the ballot box was 51.72 percent during the 20-year period from 1996 through 2016. The rejection rate was 48.28% percent.

Legislatively-referred constitutional amendments, 1996-2016
Total number	Approved	Percent approved	Defeated	Percent defeated	Annual average	Annual median	Annual minimum	Annual maximum
29	15	51.72%	14	48.28%	2.64	3	0	4

Path to the ballot

See also: Amending the Colorado Constitution

To put a legislatively referred constitutional amendment before voters, a two-thirds (66.67%) vote supermajority vote is required in both the Colorado State Senate and the Colorado House of Representatives.

The amendment was introduced into the House of Representatives as HCR18-1001 on February 27, 2018. It was introduced in the Senate on April 3, 2018. On April 16, 2018, the amendment passed a third reading in the Senate, allowing it to appear on the ballot.

Vote in the Colorado State Senate April 16, 2018
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 24  a
	Yes	No	Not voting
Total	35	0	0
Total percent	100%	0%	0%
Democrat	16	0	0
Republican	18	0	0
Independent	1	0	0

Vote in the Colorado House of Representatives April 4, 2018
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 44  a
	Yes	No	Not voting
Total	63	0	2
Total percent	96.92%	0.00%	3.08%
Democrat	35	0	1
Republican	28	0	1

How to cast a vote

See also: Voting in Colorado

Poll times

In Colorado, polls are open from 7:00 a.m. to 7:00 p.m. local time for those who choose to vote in person rather than by mail. An individual who is in line at the time polls close must be allowed to vote.

Registration requirements

Check your voter registration status here.

In Colorado, an individual can pre-register to vote if they are at least 15 years old. Voters must be at least 18 years old to vote in any election. A voter must be a citizen of the United States and have established residence in Colorado to vote.

Colorado voters can register to vote through Election Day. However, in order to automatically receive a absentee/mail-in ballot, a voter must register online, through the mail, at a voter registration agency, or driver's license examination facility at least eight days prior to Election Day. A voter that registers through a voter registration drive must submit their application no later than 22 days before the election to automatically receive an absentee/mail-in ballot. A voter can register online or submit a form in person or by fax, email, or mail.

Automatic registration

See also: Automatic voter registration

Colorado automatically registers eligible individuals to vote through the Department of Motor Vehicles and certain other state agencies.

Online registration

See also: Online voter registration

Colorado has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

See also: Same-day voter registration

Colorado allows same-day voter registration for individuals who vote in person.

Residency requirements

Colorado law requires 22 days of residency in the state before a person may vote.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Colorado does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury.

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. One state, Ohio, requires proof of citizenship only when registering to vote at a Bureau of Motor Vehicles facility. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The site Go Vote Colorado, run by the Colorado Secretary of State office, allows residents to check their voter registration status online.

Voter ID requirements

Colorado requires voters to present non-photo identification when voting in person. If voting by mail for the first, a voter may also need to return a photocopy of his or her identification with their mail-in ballot. Click here for more information.

The following list of accepted forms of identification was current as of October 2025. Click here for the most current information, sourced directly from the Office of the Colorado Secretary of State.

“

The following documents are acceptable forms of identification: A valid Colorado driver’s license or valid identification card issued by the Colorado Department of Revenue. (Note: documents issued to not lawfully present and temporarily lawfully present individuals under Part 5 of Article 2 of Title 42, C.R.S. are not acceptable forms of identification.) A valid U.S. passport. A valid employee identification card with a photograph of the eligible elector issued by any branch, department, agency, or entity of the U.S. government or of Colorado, or by any county, municipality, board, authority, or other political subdivision of Colorado. A valid pilot’s license issued by the federal aviation administration or other authorized agency of the U.S. A valid U.S. military identification card with a photograph of the eligible elector. A copy of a current (within the last 60 days) utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the elector. A Certificate of Degree of Indian or Alaskan Native Blood. A valid Medicare or Medicaid card issued by the Centers for Medicare and Medicaid Services. A certified copy of a U.S. birth certificate for the elector. Certified documentation of naturalization. A valid student identification card with a photograph of the eligible elector issued by an institute of higher education in Colorado, as defined in section 23-3.1-102(5), C.R.S.. A valid veteran identification card issued by the U.S. department of veterans affairs veterans health administration with a photograph of the eligible elector. A valid identification card issued by a federally recognized tribal government certifying tribal membership. Any form of identification listed above that shows your address must show a Colorado address to qualify as an acceptable form of identification. The following documents are also considered acceptable forms of identification for voting: Verification that a voter is a resident of a group residential facility, as defined in section 1-1-104(18.5), C.R.S. Verification that a voter is a person committed to the department of human services and confined and eligible to register and vote shall be considered sufficient identification of such person for the purposes of section 1-2-210.5, C.R.S. Written correspondence from the county sheriff or his or her designee to the county clerk indicating that a voter is confined in a county jail or detention facility.

”

• Note: SB 1, signed into law on May 12, 2025, specified that tribal IDs issued by the Bureau of Indian Affairs, the Indian Health Service, or another federal agency were also valid identification.

See also

2018 measures

• 2018 ballot measures
• State legislatures measures on the ballot

Colorado

• Colorado ballot measures
• Colorado ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

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