Pitkin County Commission Misleading Voters on Aspen Airport Question #1C
New legal analysis indicates County interpretation of #1C “offends” the
Colorado and United States Constitution; Violates the Home Rule Charter
ASPEN, Colo – A new legal analysis by one of Colorado’s top elections attorneys indicates that the County Commission’s self-serving interpretation of their referred measure, Question #1C, “offends” both the Colorado and United States Constitutions and would violate Pitkin County’s Home Rule Charter.
After over 1,200 Pitkin County residents signed a petition to put the first-ever citizen-initiated charter amendment on the ballot, now measure #200, the Pitkin County Commissioners have clearly stated that they referred their own measure—Question #1C—to “reaffirm” their ability to make all airport decisions in the future without voter approval and thus negate the citizen measure. The County actually claims that Question #1C prevails over Question 200 even if #1C gets fewer votes.
A new memo by election law attorneys Mark Grueskin and Nate Bruggeman says otherwise. “The Charter states the effect of conflicting ballot measures is determined by the number of ‘yes’ votes cast for the two measures: ‘If conflicting resolutions are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.’ Pitkin County Charter, sec. 7.2.12 (emphasis added). Thus, given the explicit language of the Charter, whichever measure receives more ‘yes’ votes prevails over the competing, conflicting measure.”
“In an era where voting rights are under siege all around the county, #1C seeks to strip away our right to vote on certain critical issues. It is crystal clear that #1C reflects politicians’ fear of voters exercising their rights at the ballot box. Their insistence that it will be controlling law if it gets fewer ‘yes’ votes than Question 200 ignores the Home Rule Charter, the State and the U.S. Constitution,” said Chuck Butler of OUR AIRPORT OUR VOTE, who led the #200 petition drive to collect 1,200 signatures. “Let’s preserve our right to vote on airport issues by guaranteeing it in the Home Rule Charter. Bigger private planes allowed by #1C and future runway decisions of the County Commission will forever change the character of our valley. The citizens deserve to be able to vote on runway expansions if Question 200 gets more ‘yes’ votes. That’s a fundamental guarantee of the Constitution that is also found in the organic law of Pitkin County, our home rule charter.”
The legal analysis also says measure #1C “offends” the U.S. Constitution, because the U.S. Constitution forbids ignoring an electoral decision reached by the greater number of voters.
The memo says:
Thus, if both airport-related ballot measures are adopted by voters, Question 1C will not automatically prohibit Question 200’s voter approval requirement from going into effect. Suggestions to the contrary are intended either to create confusion among voters or to provide a preview of some post-election litigation plan. Whatever the case, this notion offends the Pitkin County Charter as well as the Colorado and United States Constitutions. Asserting that voter approval of Pitkin County Airport runway changes won’t be required if Question 1C passes with fewer “yes” votes than Question 200 is political posturing and a legal fiction.
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Paid for by OUR AIRPORT OUR VOTE. Ashley Stevens, Registered Agent
TEXT OF #1C BALLOT MEASURE
BE IT ENACTED BY THE QUALIFIED ELECTORS OF PITKIN COUNTY COLORADO:
Section 1. That section 2.7 of the Pitkin County Home Rule Charter is amended by adding to the end thereof the following new section 2.7.7:
“2.7.7. Notwithstanding any provision of the Home Rule Charter to the contrary, the Board of County Commissioners shall have the power and authority to approve and implement a physical layout, including the location and design of the airfield, and attendant regulatory plan for the Aspen/Pitkin County Airport; that complies with the Airways Improvement Act of 1982, as amended as well as the regulations, guidelines and policies of the Federal Aviation Administration; and that the Board finds will improve safety, reduce air and noise pollution manages growth consistent with community values; reduces vehicle traffic to and from the Airport; and reduces carbon emissions; and to take all other actions necessary to obtain grant funding through the federal Airport Improvement Program for improvements to the Airport deemed necessary or desirable by the FAA; and to ensure that the County does not breach any existing grant agreement with the FAA including without limitation breach of any assurances required of public airport sponsors as conditions of any such existing grant agreement.”
Section 2. For purposes of interpretation of the Home Rule Charter, the Board of County Commissioner’s authority to approve the physical layout of the airfield shall extend to runway expansion or relocation.
