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Colorado Amendment 81 results from Tuesday night show the immigration notification measure losing badly, with about 74 percent of early votes against it. The proposed constitutional amendment, which would have required police, jailers and prosecutors to notify the Department of Homeland Security when they charge certain people without lawful status, drew 26.41 percent yes and 73.59 percent no in the early, unofficial tally reported by Colorado Politics.
The race had not been formally called when that count was published Tuesday evening. But the measure needed 55 percent to pass as a constitutional amendment, and an early deficit of that size leaves it far short of even a simple majority. If the trend holds, Colorado’s existing limits on cooperation with federal immigration authorities stay in place, and the state remains one of the clearest examples of voters, not just legislators, rejecting a mandated role for local police in civil immigration enforcement.
Amendment 81 would have triggered a 72-hour notice to DHS when a person who is not lawfully present, or whose status cannot be determined, is charged with a violent crime or has a prior felony conviction. Backed by the group Advance Colorado, supporters argued it would restore cooperation on serious crimes and improve public safety, according to Colorado Politics. Opponents, including immigrant advocacy groups and several district attorneys, argued it would invite racial profiling and lead to the improper detention of citizens and legal residents, the outlet reported.
Defeat leaves current law untouched. Colorado bars officers from arresting or holding someone solely on a civil immigration detainer and limits what personal information state employees may share with immigration authorities. Under the legislature’s Blue Book analysis, sharing certain nonpublic data without a court order, judicial warrant or federal legal requirement can bring fines of up to $50,000. ICE can still pursue people after release, and federal detainer requests will keep arriving at Colorado jails. What changes is that Colorado’s voters, not only its legislature, have now weighed in.
Citizen-only voting and voter ID elsewhere
Voters elsewhere answered a different immigration-adjacent question. West Virginia approved Amendment 1, which says only U.S. citizens may vote in state elections, according to West Virginia Watch and WCHS-TV.
This article is for general information and is not legal advice.
Sources: Colorado Politics, Colorado voters balk at cooperation with ICE on immigration (Nov. 3, 2026); Colorado Legislative Council Staff, 2026 Blue Book, Amendment 81; West Virginia Watch, West Virginia voters approve noncitizen voting constitutional amendment (Nov. 3, 2026); WCHS-TV, West Virginia voters approve Amendment 1; San Francisco Standard, California voter ID proposal losing in early voting (Nov. 3, 2026).
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