Special session looking 'likely'

Owens may call lawmakers back over immigration initiative

Lynn Bartels, Rocky Mountain News

Wednesday, June 14, 2006

Gov. Bill Owens says he "likely" will call lawmakers back into session this summer to resurrect a ballot measure to deny government services to illegal immigrants.

Democrats, who control the legislature, accused the governor and other Republicans of grandstanding during an election year.

Owens' threat came one day after the state Supreme Court disqualified the proposed ballot initiative, saying it addressed more than one topic, a violation of the state constitution.

The governor called the Supreme Court's ruling "inconsistent, inappropriate and arrogant."

Owens said he personally supports the ballot measure, but more importantly, he believes all Coloradans should have the right to vote on the issue.

He stressed that his decision wasn't based on politics but on policy.

"I'm denying this is a partisan issue," he said during a packed news conference in his office.

But Democrats pointed out that lawmakers this session alone passed more legislation to address illegal immigration than in Owens' previous sessions combined.

"Illegal immigration is not a new problem," said Senate President Joan Fitz-Gerald, D-Coal Creek Canyon.

"Bill Owens has been governor since 1999 and he's had a Republican House and a Republican Senate and they've done nothing. And now all of a sudden in three days in a special session we're going to solve this? No.

"Their party is in charge of the U.S. Congress and that is the prime mover and shaker on immigration issues," she said.

Owens said his administration did tackle the issue, including fighting efforts to give in-state tuition to illegal immigrants.

Ballot supporters who are asking the court to reconsider its ruling got support Tuesday from Republican Attorney General John Suthers, who will file the motion for reconsideration because he represents the state Title Board, which certifies language for proposed ballot initiatives.

Owens urged the Supreme Court to change its mind, but he predicted that likely won't happen, which is why "it is likely that I will be bringing lawmakers back to the Capitol over the summer."

Owens also threatened to call a session if he believes the court is taking too long to consider the appeal. The governor complained that the justices took so long to make their initial ruling - they received the case in January - that the deadline to get an issue on the ballot had passed.

Owens said he has no specific date for a special session, but he is operating under a deadline.

He must give lawmakers a 10-day notice before calling them into session.

In addition, if the legislature is going to act, it must do so by Sept. 11, the deadline for the secretary of state to set the November ballot.

The legislature has several options. It can convene and adjourn without taking action - an option politicos say Republicans will use as evidence Democrats don't take immigration problems seriously.

The legislature can pass a bill with the same intent as the ballot measure, which would require the governor's signature but wouldn't need voter approval. Or lawmakers can send to the ballot a proposed constitutional amendment or a proposal to change state statute.

The two GOP gubernatorial candidates and other prominent Republicans, including House Minority Leader Mike May, urged Owens to call a special session.

"I don't think there's a bigger issue in this state now than illegal immigration and to not have access to the ballot, I don't think it's OK," said May, of Parker.

The proposal 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.

Political consultants Eric Sondermann and Katy Atkinson both agreed that politics play a role in the push for a special session, but said the ruling forced Republicans' hands.

"Whether one believes in this initiative or not, Colorado has a rich tradition of allowing relatively free access to the ballot," Sondermann said.

"I think there is a school of thought - including many people I have talked to who may be voting against the initiative - who still think it deserves an airing."

Atkinson said the issue has united the Republican Party, torn apart by an ugly gubernatorial primary and other issues.

"There are a lot of people who are genuinely ticked off by the ruling," she said. "I don't see how this helps Democrats at all."

The majority

Four of the seven Colorado Supreme Court justices formed the majority opinion, which barred the immigration initiative from the November ballot. They are:

Alex J. Martinez, who wrote the majority opinion, was appointed in Sept. 1996 by Democratic Gov. Roy Romer.

Mary Mullarkey, appointed in June 1987 by Romer; named chief justice in August 1998.

Gregory J. Hobbs Jr., appointed in April 1996 byRomer.

Michael L. Bender, appointed in Jan. 1997 by Romer.

The dissenters

Two court justices dissented from the majority. They are: Nancy E. Rice, appointed in Aug. 1998 by Romer.

Nathan B. Coats, appointed in April 2000 by Gov. Bill Owens.

The abstainer

Allison Eid, appointed in February 2006 by Owens, abstained because she was a member of the Title Board that approved the initiative's language.

What happens next

Gov. Bill Owens wants the state Supreme Court to reverse its decision keeping the immigration measure off the ballot. Here's what happens next:

• Within 14 days, initiative organizers and State Attorney General John Suthers intend to ask the court to reverse itself.

• Should the court do so - considered unlikely - the measure would go on the November ballot.

• If the court doesn't reverse its decision, or if it drags its feet, Owens says he will call a special session.

• In the session, lawmakers can pass legislation that resembles the ballot measure, send the issue to the voters, or take no action.

• Democrats, who control the legislature, killed a similar measure this year. But initiative backers say Dems won't want to appear soft on illegal immigration with the election looming, so may OK some form of the measure.

• If lawmakers put the issue on the ballot, they must do so by Sept. 11, when the ballot is set. If they do nothing, the governor and supporters are basically out of options until the 2008 election.

Special sessions

How many special sessions has Colorado had? On what topics?

Forty-five special sessions since 1894 have covered suffrage, labor disputes, Prohibition, World War I, a grasshopper infestation, water rights and impeachment of the secretary of state, among other topics.

How long do sessions last?

They've ranged from 3 to 90 days.

How much do sessions cost?

About $15,000 per day.

Sources: Colorado Legislative Council,Colorado Legislative Legal Services, and others.