On Wednesday, July 2, 2020, the Colorado Supreme Court issued a per curiam opinion holding that Colorado’s Governor cannot suspend, by executive order, the state’s constitutional requirements for ballot measure signatures. The Governor had sought, among other things, to permit campaigns for ballot measures that have titles set or pending before the Colorado Supreme Court to collect signatures electronically by e-mail or by mail, rather than requiring a petition circulator to obtain signatures in person. Overturning a district court order upholding Executive Order D 2020 065, the Court held that the Governor cannot suspend the in-person signature requirements established in Article V, Section 1 of the Colorado Constitution under the powers delegated to his office by the Colorado Disaster Emergency Act, C.R.S. §§ 24-33.5-701 to -716. While the proponents of some 2020 ballot measures have continued collecting in-person signatures during the pendency of the court challenges, others expect it will be difficult, if not impossible, to obtain the required number of signatures before the August 3, 2020 deadline.
