Colorado’s Contentious Ballot Season Has Begun

Multiple Ballot Measures on Hot Button Issues Qualify for the 2026 Ballot

The 2026 statewide ballot for Colorado is picking up steam, with three citizen-initiated ballot measures already qualified for the statewide 2026 ballot and many more progressing toward inclusion.

On Jan. 23, Initiative #95, titled “Law Enforcement Reporting Requirements to Federal Authorities,” joined Initiative #85, “Penalties for Fentanyl Crimes” on the 2026 general election statewide ballot. Initiative #95 proposes amending the Colorado Constitution to include a new section requiring law enforcement to investigate the immigration status of individuals they charge with a crime. It also would require law enforcement to notify the federal Department of Homeland Security if the individual is not lawfully present in the United States or their immigration status cannot be discerned after a reasonable effort and they are charged with a violent crime or have a prior felony conviction.

The conservative policy group Advance Colorado proposed these two measures, as well as many others working their way through the citizen initiative process. More recently, Initiative #108, titled “Penalties for Human Trafficking of a Minor,” also qualified for the statewide 2026 ballot. Initiative #108 proposes modifying existing law and creating new law concerning human trafficking of a minor, including increasing the penalty for such crime to life in prison without parole or release.

Many of these proposed ballot measures, such as Initiative #95, seek to amend the Colorado Constitution, while others, like Initiative #85, look to amend the language of certain Colorado statutes. In either case, these ballot measures, if passed, could have a significant impact on both the state’s legal landscape and the daily lives of Coloradans.

These two measures foreshadow the avalanche of ballot measures likely to be considered for inclusion on the 2026 ballot over the next few months. In fact, five other measures have already been approved to collect signatures to appear of the 2026 ballot. Approval of the 124,238 valid collected signatures is the last step before a measure is placed on the ballot. The five other measures to reach the signature-gathering stage include: Initiative #109, “Male and Female Participation in School Sports,” Initiative #110, “Prohibit Certain Surgeries on Minors,” Initiative #175, “State Revenue Supporting Road Transportation,” Initiative #177, “Right to Natural Gas,” and Initiative #195, “Graduated Income Tax.”

Proponents of the first two measures, Erin Lee and Michele Austin, have already collected signatures and are awaiting the secretary of state office’s determination regarding whether a sufficient number of valid signatures were gathered to place the measures on the ballot. A different measure, Initiative #195, was just approved for circulation of signatures. It was filed by proponents associated with the Bell Policy Center, which is a left-leaning organization frequently active in the ballot measure process on fiscal policy that will likely continue to sponsor ballot measures over the course of the next few months.

In addition, the nationwide battle over congressional redistricting is being waged through competing ballot measures here in Colorado. A half-dozen redistricting ballot measures were filed on Feb. 20 by Advance Colorado in response to proposals filed the week prior by the advocacy group Coloradans for a Level Playing Field aimed at flipping three Republican-held U.S. House of Representatives seats during the midterm elections. Curtis Hubbard, who represents Coloradans for a Level Playing Field, called the new proposals from Advance Colorado a “desperate play by Donald Trump and his MAGA enablers to protect the gains they’ve made across the country via mid-decade redistricting.”

Meanwhile, Michael Fields, president of Advance Colorado, summarized the new proposals in the following manner: “The gist of it is adding criteria around competitiveness and not allowing maps to be drawn to benefit one political party.” Five of these measures were recently filed with the Secretary of State’s Office and will be heard by the Title Board on March 18.

The deadlines for ballot measures to make the 2026 statewide ballot are rapidly approaching. Proposals must be submitted to Legislative Council Staff  by March 20. The Title Board’s last meetings are April 23‒24, 2026. Coloradans can thus expect a flurry of new ballot measure proposals in the next few weeks.

Interested citizens can ensure they stay up to date on all proposed ballot measures for 2026 by reviewing Brownstein’s Colorado Ballot Initiative Tracker. The initiative tracker not only provides information regarding the substance of proposed ballot measures but also includes regular updates on each measure’s progress towards inclusion on the ballot. For additional information and the full text of the measures, visit the Colorado Secretary of State’s website.

This document is intended to provide you with general information regarding 2026 ballot measures in Colorado. The contents of this document are not intended to provide specific legal advice. If you have any questions about the contents of this document or if you need legal advice as to an issue, please contact the attorneys listed or your regular Brownstein Hyatt Farber Schreck, LLP attorney. This communication may be considered advertising in some jurisdictions. The information in this article is accurate as of the publication date. Because the law in this area is changing rapidly, and insights are not automatically updated, continued accuracy cannot be guaranteed.