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Let's leave everything up to the Colorado Supreme Court. Great idea ...


IIRC, the State constitution already does provide for this event. When two conflicting measures are passed, the one with the greater number of votes takes effect.

The harder points are: What happens if a constitutional amendment passed by more votes than a mere statutory amendment, how do you determine if there is a conflict, and to what extent are issues in a ballot issue severable (particularly in light of the "single subject" requirement).

Of course, getting two contradictory ballot issues on the ballot and passing is tricky. The easiest way for it to happen would be for one of the issues to be an apparently uncontroversial "stealth issue". For example, one might say "the Governor shall not impair the right of private individuals to enter into contracts with each other", while another might forbid civil unions. The first might trump the second, while not obviously doing so in the eyes of many voters.

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