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AG urges new look at ballot ruling

Myung Oak Kim, Rocky Mountain News

Published June 20, 2006 at midnight

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Colorado Attorney General John Suthers asked the state Supreme Court on Monday to reconsider its ruling that an initiative to deny services to illegal immigrants violated the single-subject rule.

Suthers argued that last week's Supreme Court decision goes against previous rulings on the single-subject rule and improperly considered arguments presented late in the process.

Suthers filed the motion on behalf of the Title Setting Review Board, the state panel that decides whether an initiative qualifies for the ballot. The board had approved the proposal by Defend Colorado Now for the November election.

The measure 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 said the measure deals with at least two unrelated issues: decreasing taxpayer expenditures and restricting access to administrative services. It is too late for Defend Colorado Now to revise the measure for this year's election.

Fred Elbel, co-chairman of Defend Colorado Now, called Suthers' request "a positive move for the rule of law in Colorado." He said his group will file a petition today asking the court to reverse its decision.

The court does not have a deadline to issue a ruling. It could stick to its original ruling, reverse its decision or grant a rehearing.

"The general consensus is that it's fairly unlikely that they will change their opinion," said Greg Martin, deputy executive director of the Colorado Bar Association.

Defend Colorado Now supporters are still collecting petition signatures with the hope that the court will change its mind.

Gov. Bill Owens, who blasted the court decision as a political move, has threatened to call a special session of the legislature to try to get lawmakers to put the initiative on the November ballot.

And Democratic state lawmakers called for a special session to deal with the illegal immigration issue.