Pueblo City Council votes to amend Black Hills Energy ballot question language in face of lawsuit

PUEBLO, Colo. (KRDO) - The Pueblo City Council is racing against the clock to change the phrasing of the ballot question regarding the fate of Black Hills Energy as the city's electric provider in order for it to be on the ballot in an upcoming special election. City Council voted unanimously Monday night to approve rewording the ballot question.

The reason for the possible delay came from a lawsuit filed against the City days after the Council unanimously voted to approve the ballot question. The lawsuit states that the wording of the ballot measure isn't clear and goes against state law.

The lawsuit prevents the County Clerk and Recorder from approving the measure and placing it on the ballot. That's why the Pueblo City Council Monday night discussed changing the wording to appease the plaintiffs. They hope that by making the change, the lawsuit will be dropped and the measure will remain on the ballot.

Mayor Nick Gradisar says the measure as it's currently written doesn't go against state law, but he also doesn't think it's worth facing a legal battle over the matter.

"If we can reach an agreement that everybody is satisfied with let's do that," Gradisar said. "Let’s not spend time and money on Denver lawyers and being in court.”

Gradisar said City Council would be voting to add a few sentences in the measure to appease the plaintiffs and hopefully get the lawsuit dismissed. That vote was approved unanimously Monday night.

"It needs to be decided now," Gradisar said. "We have to certify it to the County Clerk and Recorder, the ballot language, by March the sixth so that the County Clerk and Recorder can get the ballots mailed out to the oversees voters in the military."

If the plaintiffs are appeased by the new wording and drop the lawsuit, Puebloans will vote as scheduled on May 5 to decide if Black Hills Energy will remain the city's utility provider.