Colorado ballot measure · November 3, 2026

Colorado Amendment 81, explained

Notifying federal immigration authorities of certain criminal charges. A ballot measure is a yes-or-no question put directly to voters — no candidate is involved, and the wording on the ballot is the wording that becomes law. This page shows that wording first, then what it actually changes.

The official wording

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?

This is what appears on the ballot. Everything below explains it.

What it actually means

Requires police, jail staff and district attorneys to try to find out whether a person charged with a violent crime, or with any crime after a prior felony conviction, is lawfully in the United States. If they cannot confirm that, they must notify the U.S. Department of Homeland Security within 72 hours of filing charges.

If you vote YES

Law enforcement would have to make a reasonable effort to determine lawful presence for anyone charged with a crime of violence, or with any offense (including traffic and petty offenses) if the person has a prior felony conviction.
If lawful presence cannot be confirmed, officers, correctional staff or district attorney personnel would have to notify federal immigration authorities within 72 hours of filing charges, before any finding of guilt.
The requirement would be in the constitution and apply statewide, overriding local policies that limit this kind of communication.
State agencies would need small system updates ($50,000 at Revenue, $10,000 at Natural Resources), and most added workload would fall on district attorney offices.

If you vote NO

State and local law enforcement could continue to cooperate with federal criminal enforcement but would remain limited in civil immigration enforcement.
State and local employees would still be barred from sharing certain nonpublic personal information with immigration authorities unless required by federal law, a court order or a judicial warrant, with fines of up to $50,000 for violations.
Local governments would keep setting their own level of cooperation within state law; for example, Denver restricts immigration authorities' access to city property, while El Paso County requires officers to notify them when they suspect someone lacks legal status.

The numbers that matter

Notification deadline: 72 hours after charges are filed
State system costs, 2026-27: $60,000
Vote needed: 55%

Why supporters say YES

People living in the country unlawfully who are charged with violent crimes or are repeat offenders should be reported to federal authorities for possible removal, without targeting otherwise law-abiding residents.
— Colorado Blue Book argument for Amendment 81 (Legislative Council Staff)
A single statewide standard for cooperation would replace a patchwork of local policies and help the justice system work consistently.
— Colorado Blue Book argument for Amendment 81 (Legislative Council Staff)

Why opponents say NO

Reporting people when they are charged, before a court decides guilt, undermines due process; people who are lawfully present or innocent could face immigration action if they cannot prove status within 72 hours.
— Colorado Blue Book argument against Amendment 81 (Legislative Council Staff)
Undefined terms such as "reasonable effort" leave enforcement to individual officers' discretion, which could erode community trust and discourage people from reporting crimes.
— Colorado Blue Book argument against Amendment 81 (Legislative Council Staff)

What’s genuinely uncertain

State and local authorities do not track how many people who are unlawfully present are charged with qualifying crimes, so the number of notifications cannot be estimated.
The measure's key terms, including "reasonable effort" and "lawful presence", are not defined.
The measure is sponsored by Advance Colorado, according to Colorado Newsline; no registered opposition committee was identified in the sources reviewed.

The bottom line

More consistent reporting of charged non-citizens to federal authorities, against acting on charges before guilt is decided and less local control over cooperation.

One neutral sentence describing the tradeoff — not a recommendation.

Sources:leg.colorado.gov coloradosos.gov coloradosos.gov coloradonewsline.com

Checking it against the official text

The Colorado Secretary of State publishes the certified measures and, in most states, an official voter guide with fiscal notes. That is the authoritative version. Everything here is an explanation of it, not a substitute for it.

Confirm this with the official source

Your ballot is determined by your election authority, not by us. Verify your registration, precinct, and sample ballot at Colorado Secretary of State.

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