Amendment 80: Measure that would add school choice to Colorado Constitution fails

Voters rejected Amendment 80, a ballot measure that would have done just that the right to school choice in the Colorado Constitution, according to unofficial results from the Secretary of State’s Office.

The ballot measure received 1,246,984 votes in favor, or 48%, and 1,345,276 votes in favor, or 52%, on Thursday afternoon.

The Associated Press officially called the race Thursday morning after results remained too close for more than 36 hours after polls closed. Because it would have added language to the Constitution, the amendment needed at least 55% approval to pass, but fell nearly 7 percentage points short.

“We are thrilled that despite deceptive campaign tactics, Amendment 80 was convincingly defeated,” Kevin Vick, president of the Colorado Education Association, said in a Wednesday news release. “Colorado public schools serve 95% of students, and they must be protected from those who would try to dismantle them for profit. Colorado voters have made it clear that they are not interested in thinly veiled efforts to bring voucher programs to our state.”

The ballot measure was drafted by the conservative advocacy group Advance Colorado, which quickly drew opposition from the Colorado Education Association, American Civil Liberties Union of Colorado, Colorado Rural Schools Alliance, Colorado PTA and the Colorado Democrats.

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Supporters of Amendment 80 argued that the amendment would protect school choice from future legislation, while opponents argued that the amendment’s vague language could be interpreted to take away funding from public schools and open the door to future voucher programswho have proven costly in states like Arizona.

Public Schools Strong, a registered political action committee opposing Amendment 80, managed to raise roughly $4.9 million and spent more than $4.6 million in the run-up to the election. Of the contributions, more than $4 million came from the National Education Association.

The majority of Amendment 80 support came in the form of mailers and text messages paid for by 501(c)4 nonprofit Colorado Dawn, which does not disclose its donors. The nonprofit — which named Michael Fields, president of Advance Colorado, as treasurer — was criticized for her misleading campaign advertisements that were shared with residents via text messages in October and November, falsely suggesting that Colorado leaders, including Gov. Jared Polis, U.S. Senator John Hickenlooper and Vick supported the measure.

Colorado voters’ decision not to adopt Amendment 80 will not affect school choice as it currently exists in Colorado. The state’s most recent school choice system was passed by the Legislature in 1994 and allows students to attend any public school for free, regardless of their district of residence. The legislation also allows students to choose a non-public education option, such as private schools or home schools.