Voters in Colorado will decide on a constitutional amendment that would establish law enforcement reporting requirements based on the type of crime an individual is charged with, their prior criminal history, and their immigration status on Nov. 3, 2026.
The measure—known as Initiative 95—would add a new section to Article XVIII of the Colorado Constitution that would require state and local law enforcement to notify the U.S. Department of Homeland Security within 72 hours after charging an individual when:
- the individual is not lawfully present in the United States, or their immigration status cannot be determined after a reasonable effort by the officers; and
- either the individual is charged with a violent crime, or the individual has a prior felony conviction on their record.
The Colorado secretary of state's office certified Initiative 95 for the ballot on Jan. 23, 2026—almost a month after reviewing the signatures that Advance Colorado, an organization that describes its mission as "[pushing] back on the progressive policies" in the state, had gathered and submitted for review on Dec. 26, 2025. In their announcement, the secretary of state's office affirmed that the measure had met the required valid signature threshold of at least 124,238, stating that the "Elections Division determined that proponents of Proposed Initiative #95 submitted the required number of valid signatures from each Senate district, and a total of 142,299 valid signatures."
Kristi Burton Brown, the Executive Vice President of Advance Colorado, stated that the measure "really isn't a controversial issue when you narrow in on violent criminals and repeat felons and saying it's pretty common sense that no one wants them free on our streets." The League of Women Voters of Colorado, which opposes the initiative, stated that "a person who is a lawful resident or U.S. citizen could be subjected to this provision in error, possibly due to racial profiling" and that "a person charged with a crime of violence is not necessarily guilty. The person is entitled to due process protections, including a presumption of innocence, until proven guilty."
In previous years, Advance Colorado filed and gathered signatures for measures in policy areas such as taxes, law enforcement, and education. In 2024, the organization filed and gathered signatures for three ballot measures related to a right to school choice, parole eligibility for persons convicted of certain violent crimes, and funding for law enforcement training and benefits for the families of deceased first responders, with two of these measures being approved and one being rejected by voters.
On Nov. 20, 2025, Advance Colorado also submitted signatures for another measure—Initiative 85—that would increase the penalties for the manufacturing, sale, and possession of fentanyl, as well as require court-mandated treatment for certain types of felonies for possessing fentanyl, and remove drug possession exceptions in determining whether an individual is considered a habitual criminal. Initiative 85 was certified for the 2026 ballot in Colorado on Dec. 15, 2025, with the secretary of state announcing that the minimum signature threshold had been met.
Additional reading: