Ballot intiative targeting unlicensed drivers under appeal

Daniel Hayes reviews his case before his petitions were upheld by city's hearing officer.

LAKEWOOD – Nearly a year after securing enough verified signatures to get on the city’s ballot, proponents of a ballot initiative targeting unlicensed drivers still wait to get the issue before voters.

Opponents of the measure late Monday appealed a Jefferson County District Court ruling that would have placed the issue before voters as part of the county’s coordinated primary election in early August. The ballot-worthiness of the initiative is now before the Colorado Court of Appeals where it could linger for months before a hearing and decision.

Still, the measure’s author, Jeffco resident Daniel Hayes, is hopeful the appellate court will issue a decision backing inclusion of the initiative on the ballot in time for November’s general election.

 Hayes wants to require police to seize and impound the vehicle of any unlicensed driver they stop. If approved by voters, the measure also would require the owner of the vehicle to post a $2,500 bond that would be surrendered if the same vehicle seized for the same reason within a year. It also would impose a $200 impoundment fee, and impound bonds could cost as much as $400 a year.

But opponents believe Hayes’ proposal targets illegal aliens, primarily Hispanics. They also are concerned the measure would eliminate the discretion now afforded to police in such cases and could severely punish drivers who simply forgot their license. They also say it would be too costly for many police agencies and could divert officers from more pressing duties.

Colorado Common Cause, Coloradans for Safe Communities and the Colorado Association of Chiefs of Police and County Sheriffs oppose the proposal.

Coloradans for Safe Communities said police should have choices when handling such cases.

“This is a measure that we think has a lot of unintended consequences,” said Carolyn Siegel of CSC. “We just think it’s way too broad.”

Hayes doesn’t shy away from the charge that his initiative’s primary purpose to get unlicensed “illegal aliens” off the road.

“And its about everybody else, too, who drives without a license,” Hayes said. Hayes defends his initiative, saying the Lakewood proposal includes safeguards for folks who have a license, but forgot or misplaced it.

“Getting unlicensed drivers off the road is a big deal because if one hits you, you have to have enough insurance to cover any injuries to your car, because they’re not going to have any,” he said.

Hayes said the opposition is simply “stalling” after losing two previous challenges, one before a Lakewood hearing officer and, most recently, a late-winter decision in Jefferson County District Court. Both challenges were denied.

And Colorado Ethics Watch filed a complaint with the Colorado Secretary of State last August, forcing Hayes’ Lakewood Safe Streets Committee to register as an issue committee and file the mandatory financial disclosure forms.

Hayes said the opposition is filing “frivolous” challenges in an effort to delay the process.

“There is a statute that addresses continually appealing for the purpose of stalling a vote,” Hayes said, adding that he intends to explore that issue with his attorney.

Mark Grueskin, attorney for CSC, said he took the case to appeal because of “some novel issues of law” contained in the hearing officer’s ruling “that need to be ultimately addressed by the appellate court.”

“The petition was slapped together as if the requirements of the Lakewood Municipal Code didn’t matter, and my clients believe that if you want to change the law, you ought to follow the law,” Grueskin said.

Hayes launched similar petition drives in Aurora and Denver last year.

The Aurora initiative was rejected because the complete ballot language was not included on the front page of each petition. His measure did make Denver’s ballot after surviving two challenges, but was rejected by that city’s voters in November.

If the initiative survives the appellate court challenge, the initiative will go before Lakewood City Council, which can either enact the initiative as an ordinance or send it to the ballot.

Council had been scheduled to consider which way it would go with the measure Monday night, but the filing with the Court of Appeals intervened because Council cannot act on the issue while it is under challenge, said City Attorney Tim Cox.

Lakewood resident Sigrid Higdon filed the original Lakewood challenge, claiming Haye’s petitions failed to conform to the City Charter requirements and that a number of signatures should be thrown out because some petition circulators failed to provide valid mailing addresses to City Clerk Margy Greer. A hearing officer rejected the challenge.

CSC then took their challenge to Jefferson County District Court, where Hayes’ petitions also were upheld.