Statewide ballot measure
Amendment 81 (Initiative 95): Requiring law enforcement to notify Homeland Security after criminal charges
On the November 3, 2026 ballot
- Ballot number
- Amendment 81
- Filed as
- Initiative 95
- Type of measure (Legislative Council)
- Constitutional
The ballot question
Shall there be an amendment to the Colorado Constitution requiring law enforcement to notify the department of homeland security when a person is charged with either a violent crime or any crime if the person has a prior felony conviction if law enforcement cannot determine that the person is lawfully present in the United States?
What a vote does
- A yes vote means
- Law enforcement would have to notify Homeland Security within 72 hours after a person is charged with a crime if both conditions apply: the person is not lawfully present, or that status remains unknown after a reasonable attempt to determine it; and the person faces a crime-of-violence charge or has a prior felony conviction.
- A no vote means
- Colorado’s constitution would remain unchanged. The amendment’s notification requirement and separate duty to make a reasonable effort to determine lawful presence would not take effect.
Figures from the fiscal estimate
- Takes effect: Governor’s proclamation
- After voter approval, within 30 days after the official canvass.
- Votes needed to pass: 55%
- Of votes cast on the amendment.
- Estimated state cost: $60,000
- Cash funds, fiscal year 2026-27; no additional state staff.
- People required to report: Three groups
- Certified peace officers employed by a law enforcement agency; correctional officers; and attorneys or investigators employed by a district attorney.
Legislative Council ballot analysis
Official documents
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Key dates
- October 2 to October 9: county clerks mail ballots to active voters.
- October 12: drop boxes open.
- October 26: last suggested day to return a ballot by mail.
- From October 27: return your ballot to a drop box or vote center instead of mailing it.
- November 3, 2026, Election Day: ballots are due by 7:00 p.m.
Page updated September 29, 2026