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.

Now that states are starting to lift Stay at Home orders and people are beginning to return to work, many are concerned about the health and safety of their workplace environments.  A recent article suggests that the COVID-19 pandemic will spur innovation and investment in healthy buildings.  In January 2019, I wrote an Alert about the WELL Building Standard, a building rating system that focuses on the health and well-being of building occupants.  As we begin the transition to life after COVID-19, it will be interesting to see if building health and safety standards like the WELL Building Standard become the new normal in the real estate industry.

 

On Friday, May 15, 2020, Colorado Governor Jared Polis issued Executive Order D 2020 065, temporarily suspending certain statutory requirements governing the distribution, signing, and certification of ballot measures for the November 2020 election. The Order would, among other things, 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. It would also give campaigns additional time to collect and submit the required number of signatures. The Order directed Colorado’s Secretary of State, Jena Griswold, to issue temporary rules to accommodate these changes. A coalition of business organizations immediately challenged the Order in court, questioning whether the Governor has the power to unilaterally alter the state’s election laws. Continue Reading Colorado’s Governor Issues Executive Order Relaxing Requirements for November 2020 Ballot Measures; Business Groups Sue

Landlords and HOAs with no-pet policies now have significantly more flexibility to inquire about assistance animal requests following new guidance from the Department of Housing and Urban Development.

Continue Reading HUD Issues New Guidance for Assistance Animal Requests

In July, voters in Lakewood approved a one percent per annum cap on residential unit construction.  Now, a proposed ballot measure aiming to require counties along the Front Range to follow suit is one step closer to appearing on Colorado’s 2020 ballot. Continue Reading Front Range-Wide Residential Growth Cap One Step Closer to Colorado’s 2020 Ballot