COLORADO SPRINGS, Colo. — Some voters in Colorado Springs say the ballot language between two opposing initiatives, Ballot 2D and Ballot 300, was confusing.
Ballot question 300, which allows existing medical cannabis stores to be licensed as recreational stores, is passing.
Ballot Question 2D, which could prohibit recreational stores within the city limit, is also passing.
News5 asked people if they had any difficulties answering the questions.
Many comments on social media say they were very confused and some say it should have been one vote covering both issues.
Others say the wording of each measure was not confusing, but it should not have been on the same ballot in the same election cycle.
"Both initiatives are showing yes," Mayor Yemi Mobolade said. "That presents a really interesting legal dilemma for us."
Question 2D overrides Question 300 if both pass since it changes the city charter.
"I'm already in conversations with the city attorney just to get some perspectives," Mayor Mobolade said.
The city's spokesperson says the city needs to review the language of the ballot question 300.
It says that if any provision of Ballot Question 300 conflicts with Question 2D, it cannot be implemented.
See the city's full statement below.
The City Charter is the City’s foundational law for all local and municipal matters, similar to a federal or state constitution. The Charter recognizes that Colorado Springs’ residents have reserved the power to propose ordinances to the Council or to adopt or reject ordinances through initiative process. So long as they are consistent and harmonious, the Charter and the ordinances of the City work together to provide the legal framework for all acts and actions of the municipal government and its enterprise operations.
Although the election is not final until the results are certified, it appears as though both Ballot Question 2D (a Charter amendment prohibiting retail marijuana establishments) and Ballot Question 300 (an initiated ordinance authorizing retail marijuana establishments subject to certain conditions) will have been approved by the voters. If this is the case, Ballot Question 300 must be read, interpreted, and implemented in a manner to be consistent and harmonious with Ballot Question 2D (new City Charter § 15-130). If any provision of Ballot Question 300 is in direct conflict with Charter § 15-130, that provision cannot be implemented. The City will be reviewing the ballot question language to determine whether any provision from need to be implemented.
Megan Graf with Citizens for Responsible Marijuana Regulation on Initiative 300 says, “When all the votes are counted, and the will of voters is given effect, responsible regulation will be law, and the city council’s cynical ploy will be defeated."
Graf added that the group looks forward to working with city leaders to create a responsible regulatory framework over the coming months.
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