Colorado Amendment F, Charitable Gaming Measure (2022)
| Colorado Amendment F | |
|---|---|
 | |
| Election date November 8, 2022 | |
| Topic Gambling | |
Status Defeated | |
| Type Constitutional amendment | Origin State legislature |
Colorado Amendment F, the Charitable Gaming Measure, was on the ballot in Colorado as a legislatively referred constitutional amendment on November 8, 2022. The measure was defeated.
A "yes" vote supported amending the constitution to do the following:
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A "no" vote opposed this amendment, thereby leaving in place the existing ban on paying managers and operators and the existing requirement that organizations must exist for at least 5 years before obtaining a license. |
Election results
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Colorado Amendment F |
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|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 930,370 | 40.64% | ||
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1,359,027 | 59.36% | ||
Overview
What would Amendment F have changed?
- See also: Text of measure
Going into the election, under the Colorado Constitution, a charitable organization needed to exist for five years before applying for a charitable gaming license, and managers or operators are prohibited from receiving payment for operating a charitable game.
The amendment would have lowered the number of years an organization must have existed before obtaining a charitable gaming license from five years to three years until January 1, 2025. After January 1, 2025, the amendment would have allowed the legislature to set in statute the length of time an organization must exist to obtain a charitable gaming license. Under the measure, managers and operators of gaming activities would have been limited to earning minimum wage until July 1, 2024, at which time the provision limiting the compensation of managers and operators to the applicable minimum wage was set to be automatically removed.[1]
According to an analysis by the Legislative Council Staff, approval of the measure was expected to increase state revenue by $18,000 in FY 2022-23 and $22,200 in FY 2023-24 assuming an additional 188 and 222 licensees with the current $100 license fee. Approval of the measure was expected to increase state expenditures by $293,995 in FY 2022-23 and $420,109 in FY 2023-24 due to increased costs associated with implementing the new law.[2]
What is charitable gaming?
- See also: Charitable gaming in Colorado
Charitable gaming was legalized in Colorado through voter approval of a 1958 citizen initiative.
Charitable gaming is defined as bingo, pull-tab games, and raffles that are operated by charitable organizations. Charitable organization is defined as "any organization, not for pecuniary profit, that is operated for the relief of poverty, distress, or other condition of public concern" within Colorado. Qualified organizations that may conduct charitable gaming include chartered branches, lodges, or chapters of national or state organizations, and religious, charitable, labor, fraternal, educational, voluntary firefighters', or veterans' organizations. Organizations must apply for and receive a license to conduct charitable gaming from the Colorado Secretary of State's office. All net proceeds of charitable gaming must be used exclusively for lawful purposes of the organizations conducting the games.[3]
In 2021, there were 890 licensed charitable gaming organizations in Colorado. In 2021, $104.58 million was wagered on charitable games, and charitable organizations received $24.05 million in net profits.[4]
What was Amendment C of 2020?
Amendment C was on the 2020 ballot in Colorado. It would have required charitable organizations to have existed for three years before obtaining a charitable gaming license instead of the existing constitutional requirement of five years. The amendment would have allowed charitable organizations to hire managers and operators of gaming activities so long as they are not paid more than the minimum wage. As of 2020, the constitution required those who operated charitable gaming activities to be a member of the organization working as an unpaid volunteer. It was defeated by a vote of 52.35% in favor to 47.65% opposed. The amendment failed because a 55% supermajority vote is required for constitutional amendments in Colorado.[1]
Text of measure
Ballot title
The ballot title was as follows:[1]
| “ | Shall there be an amendment to the Colorado constitution concerning the conduct of charitable gaming activities, and, in connection therewith, allowing managers and operators to be paid and repealing the required period of a charitable organization's continuous existence before obtaining a charitable gaming license?[5] | ” |
Constitutional changes
- See also: Article XVIII, Colorado Constitution
The measure would have amended Section 2 of Article XVIII of the Colorado Constitution. The following underlined text would have been added:[1] Note: Use your mouse to scroll over the text below to see the full text.
Section 2. Lotteries prohibited - exceptions - repeal. (2) No game of chance pursuant to this subsection (2) and subsections (3) and (4) of this section shall be conducted by any person, firm, or organization, unless a license as provided for in this subsection (2) has been issued to the firm or organization conducting such games of chance. The secretary of state shall, upon application (3) The license issued by the secretary of state shall authorize and permit the licensee to conduct games of chance, restricted to the selling of rights to participate and the awarding of prizes in the specific kind of game of chance commonly known as bingo or lotto, in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers or symbols selected at random and in the specific game of chance commonly known as raffles, conducted by the drawing of prizes or by the allotment of prizes by chance. (4) Such games of chance shall be subject to the following restrictions: (a) The entire net proceeds of any game shall be exclusively devoted to the lawful purposes of organizations permitted to conduct such games. (b) No person except a bona fide member of any organization may participate in the management or operation of any such game. (c)(I) No person may receive
(5) Subsections (2) to (4) of this section are self-enacting, but laws may be enacted supplementary to and in pursuance of, but not contrary to, the provisions thereof. (6)(a) The enforcement of this section shall be under such official or department of government of the state of Colorado as the general assembly shall provide.
(7) Any provision of this constitution to the contrary notwithstanding, the general assembly may establish a state supervised lottery. Unless otherwise provided by statute, all proceeds from the lottery, after deduction of prizes and expenses, shall be allocated to the conservation trust fund of the state for distribution to municipalities and counties for park, recreation, and open space purposes.[5] |
Readability score
- See also: Ballot measure readability scores, 2022
Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.
The FKGL for the ballot title is grade level 28, and the FRE is -28. The word count for the ballot title is 44.
Support
Supporters
Officials
- State Sen. Robert Rodriguez (D)
- State Sen. Jim Smallwood (R)
- State Rep. David Ortiz (D)
- State Rep. Perry Will (R)
Organizations
Arguments
You can share campaign information or arguments, along with source links for this information, at [email protected]
Official arguments
The following is the argument in support of the measure found in the Colorado Blue Book:[6]
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Opposition
Opponents
Organizations
Arguments
Official arguments
The following is the argument in opposition to the measure found in the Colorado Blue Book:[7]
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Media editorials
- See also: 2022 ballot measure media endorsements
Ballotpedia lists the positions of media editorial boards that support or oppose ballot measures. This does not include opinion pieces from individuals or groups that do not represent the official position of a newspaper or media outlet. Ballotpedia includes editorials from newspapers and outlets based on circulation and readership, political coverage within a state, and length of publication. You can share media editorial board endorsements with us at [email protected].
Support
Opposition
Campaign finance
The Charitable Gaming Issue Committee registered as a small-scale issue committee to support the measure. Registering as a small-scale issue means the committee plans to raise or spend no more than $5,000. Committees of this type do not need to file regular disclosure reports until exceeding the $5,000 threshold.[8]
Path 2 Zero registered to support Propositions 121, 124, 125, 126, and Amendment E; and registered to oppose Propositions 123, GG, FF, and Amendment F. It is impossible to distinguish between funds spent on each individual measure. The committee reported $10,430.70 in in-kind contributions from Independence Institute.[9]
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| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Oppose | $0.00 | $10,430.70 | $10,430.70 | $0.00 | $10,430.70 |
| Total | $0.00 | $10,430.70 | $10,430.70 | $0.00 | $10,430.70 |
Support
The Charitable Gaming Issue Committee did not report campaign finance information because it did not exceed the $5,000 threshold.[10]
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| Committees in support of Amendment F | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| The Charitable Gaming Issue Committee | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Total | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Opposition
The following table includes contribution and expenditure totals for the committee in opposition to Amendment F.[10]
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| Committees in opposition to Amendment F | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| Path 2 Zero | $0.00 | $10,430.70 | $10,430.70 | $0.00 | $10,430.70 |
| Total | $0.00 | $10,430.70 | $10,430.70 | $0.00 | $10,430.70 |
Donors
Independence Institute provided all of the funds to Path 2 Zero.[10]
| Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
|---|---|---|---|
| Independence Institute | $0.00 | $8,923.96 | $8,923.96 |
Methodology
To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.
Background
Charitable gaming in Colorado
Colorado Measure 4 of 1958, a citizen initiative, amended the constitution to allow charitable gaming (lotto, bingo, and raffles) under certain conditions by certain organizations that operate without profit and that have a dues-paying membership. The measure was approved in a vote of 51% in favor to 49% against.
Charitable gaming is defined as bingo, pull-tab games, and raffles that are operated by charitable organizations. Charitable organization is defined as "any organization, not for pecuniary profit, that is operated for the relief of poverty, distress, or other condition of public concern" within Colorado. Other qualified organizations that may conduct charitable gaming include chartered branches, lodges, or chapters of national or state organizations, and religious, charitable, labor, fraternal, educational, voluntary firefighters', or veterans' organizations. All net proceeds of charitable gaming must be used exclusively for lawful purposes of the organizations conducting the games.[11][12]
The following table shows the number of licensed organizations, amounts wagered, and net profits from operating charitable gaming in 2019, 2020, and 2021.[13]
| Year | Total licences | Total amount wagered on charitable games | Net profit |
|---|---|---|---|
| 2019 | 1081 | $129,983,028.00 | $29,896,096.44 |
| 2020 | 962 | $80,805,483.00 | $18,585,261.09 |
| 2021 | 890 | $104,582,333.00 | $24,053,936.59 |
Colorado Charitable Bingo Association and 2022 charitable gaming legislation
During the 2022 legislative session, the Colorado State Legislature passed and Governor Jared Polis (D) signed House Bill 1093, which increased the maximum number of electronic bingo cards a player can play from 54 to 100. It also added a new game to be allowed for charitable gaming, bingo strip card games, a type of bingo played with five connected paper bingo cards. HB 1093 and the constitutional amendment were supported in the state legislature by the Colorado Charitable Bingo Association, which supports legislation to "[assure] that non-profit gaming grows and meets the ever changing needs of non-profits conducting bingo games to fund their programs and activities."[14][15]
Amendment C of 2020
Amendment C was on the 2020 ballot in Colorado. It was defeated by a vote of 52.35% in favor to 47.65% opposed. The amendment failed because a 55% supermajority vote is required for constitutional amendments in Colorado.
The amendment would have required charitable organizations to have existed for three years before obtaining a charitable gaming license instead of the existing constitutional requirement of five years. The amendment would have allowed charitable organizations to hire managers and operators of gaming activities so long as they are not paid more than the minimum wage. As of 2020, the constitution required those who operated charitable gaming activities to be a member of the organization working as an unpaid volunteer.[1]
Charitable gaming in the U.S.
According to Lets Gamble USA, every state allows charitable gaming except Hawaii and Utah. According to the National Association of Fundraising Ticket Manufacturers' 2019 annual report, the top ten states with the highest net proceeds from charitable gaming were as follows:[11][16]
- Minnesota ($314.89 million);
- Texas ($74.08 million);
- Kentucky ($61.37 million);
- Indiana ($47.39 million);
- Alaska ($39.71 million);
- Nebraska ($36.62 million);
- Michigan ($33.91 million);
- Virginia ($30.46 million);
- Colorado ($29.89 million)[17]; and
- New York ($28.41 million).
The 2019 annual report may be found here.
Referred amendments on the ballot, 2000-2020
A total of 31 legislatively referred constitutional amendments appeared on the statewide ballot in Colorado from 2000 to 2020. All of the amendments were referred to the ballot during even-numbered election years. Of the 31 amendments, 17 (54.84%) were approved and 14 (45.16%) were defeated. From 2000 through 2020, the number of referred amendments on the ballot ranged from zero to six.
| Colorado legislatively referred constitutional amendments, 2000-2020 | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Total number | Approved | Percent approved | Defeated | Percent defeated | Annual average | Annual median | Annual minimum | Annual maximum | |
| 31 | 17 | 54.84% | 14 | 45.16% | 2 | 2 | 0 | 6 | |
Path to the ballot
- See also: Amending the Colorado Constitution
To put a legislatively referred constitutional amendment before voters, a two-thirds (66.67%) vote is required in both the Colorado State Senate and the Colorado House of Representatives.
The amendment was introduced as House Concurrent Resolution 22-1006. It was approved in the House on May 2, 2022, by a vote of 57-8. On May 10, 2022, the Senate approved the amendment by a vote of 33-1.[1]
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How to cast a vote
- See also: Voting in Colorado
Click "Show" to learn more about current voter registration rules, identification requirements, and poll times in Colorado.
| How to cast a vote in Colorado | |||||
|---|---|---|---|---|---|
Poll timesIn Colorado, polls are open from 7:00 a.m. to 7:00 p.m. local time for those who choose to vote in person rather than by mail. An individual who is in line at the time polls close must be allowed to vote.[18][19] Registration
In Colorado, an individual can pre-register to vote if they are at least 15 years old. Voters must be at least 18 years old to vote in any election. A voter must be a citizen of the United States and have established residence in Colorado to vote.[20] Colorado voters can register to vote through Election Day. However, in order to automatically receive a absentee/mail-in ballot, a voter must register online, through the mail, at a voter registration agency, or driver's license examination facility at least eight days prior to Election Day. A voter that registers through a voter registration drive must submit their application no later than 22 days before the election to automatically receive an absentee/mail-in ballot. A voter can register online or submit a form in person or by fax, email, or mail.[20][21] Automatic registrationColorado automatically registers eligible individuals to vote through the Department of Motor Vehicles and certain other state agencies. Online registration
Colorado has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registrationColorado allows same-day voter registration for individuals who vote in person. Residency requirementsColorado law requires 22 days of residency in the state before a person may vote. Verification of citizenshipColorado does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury. All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment.[22] As of January 2025, six states — Alabama, Arizona, Georgia, Kansas, Louisiana, and New Hampshire — had passed laws requiring verification of citizenship at the time of voter registration. However, only two of those states' laws were in effect, in Arizona and New Hampshire. In three states — California, Maryland, and Vermont — at least one local jurisdiction allowed noncitizens to vote in some local elections as of November 2024. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters. Verifying your registrationThe site Go Vote Colorado, run by the Colorado Secretary of State office, allows residents to check their voter registration status online. Voter ID requirementsColorado requires voters to present non-photo identification when voting in person. If voting by mail for the first, a voter may also need to return a photocopy of his or her identification with his or her mail-in ballot. Click here for more information. The following list of accepted forms of identification was current as of July 2024. Click here for the most current information, sourced directly from the Office of the Colorado Secretary of State.
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See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 Colorado State Legislature, "House Concurrent Resolution 1006 (2022)," accessed May 4, 2022 Cite error: Invalid
<ref>tag; name "bill" defined multiple times with different content Cite error: Invalid<ref>tag; name "bill" defined multiple times with different content - ↑ Colorado State Legislature, "House Concurrent Resolution 2022-1006 fiscal impact statement," accessed July 13, 2022
- ↑ Colorado Secretary of State, "C.R.S. Title 24 Government - State, Article 21 Secretary of state - Department of State, Part 6 Bingo and raffles law," accessed July 14, 2020
- ↑ Colorado Secretary of State, "2021 Q4 Aggregated Report," accessed July 13, 2022
- ↑ 5.0 5.1 5.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ Colorado Secretary of State, "Official Voter Information Guide," accessed October 28, 2022
- ↑ Colorado Secretary of State, "Official Voter Information Guide," accessed October 28, 2022
- ↑ Colorado Secretary of State, "Small-Scale Issue Committee," accessed September 6, 2022
- ↑ Colorado TRACER, "Path 2 Zero," accessed November 1, 2022
- ↑ 10.0 10.1 10.2 Cite error: Invalid
<ref>tag; no text was provided for refs namedfinance - ↑ 11.0 11.1 National Association of Fundraising Ticket Manufacturers, "Links to rules and regulations," accessed July 14, 2020 Cite error: Invalid
<ref>tag; name "report" defined multiple times with different content - ↑ Colorado Secretary of State, "C.R.S. Title 24 Government - State, Article 21 Secretary of state - Department of State, Part 6 Bingo and raffles law," accessed July 14, 2020
- ↑ Colorado Secretary of State, "2021 Q4 Aggregated Report," accessed July 13, 2022
- ↑ Colorado Charitable Bingo Association," accessed July 13, 2022
- ↑ Colorado State Legislature, "House Bill 1093," accessed July 13, 2022
- ↑ Lets Gamble USA, "Charity Gambling Laws," accessed July 12, 2022
- ↑ This figure was taken from the Colorado Secretary of State's 2021 Q4 report on charitable gaming and is different from the amount reported by NAFTM
- ↑ Colorado Secretary of State, "Mail-in Ballots FAQs," accessed July 16, 2024
- ↑ Colorado Revised Statutes, "1-7-101," accessed July 16, 2024
- ↑ 20.0 20.1 Colorado Secretary of State, "Voter Registration FAQs," accessed July 16, 2024
- ↑ Colorado Secretary of State, "Go Vote Colorado," accessed July 15, 2024
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ Colorado Secretary of State, "Acceptable Forms of Identification," accessed July 17, 2024
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