You'd think lawmakers would promote a constitutional amendment to fix a flaw in the state constitution.

But the two-thirds majority needed to put such a referendum before the voters is hard to come by. So they're trying to fix Amendment 41 with a referred statute instead, since it requires only a simple majority to get on the ballot.

In other words, they're trying to send a boy to do a man's job.

The House Tuesday gave preliminary aproval to House Bill 1304 after tacking on an amendment that would require its ratification by the people in November 2008.

Until then, the bill would serve as "temporary rules," according to Minority Leader Mike May, R-Parker, who joined with the Democratic leadership in promoting the maneuver.

Or, as the Queen told Alice, "Sentence first - verdict afterwards!"

Meanwhile they're asking the Colorado Supreme Court to bail them out by ruling, even before their bill is sent to the governor, that their imaginative redefinitions of key terms in Amendment 41 pass constitutional muster.

It's one of the oddest strategies in years. You could almost feel sorry for lawmakers, trying to please upset state employees and contractors who are afraid their kids can't accept college scholarships, while at the same time reassuring voters that they're not violating their oath to uphold the state constitution.

But a small group called the First Amendment Council argues that the 16 pages in HB 1304 don't even address the basic problem with Amendment 41.

Section 3(4) of the amendment prohibits professional lobbyists from giving, or arranging to give, "any gift or thing of value, of any kind or nature" to any legislator, state or municipal official, state employee or their family members.

That doesn't mean just tickets, meals, drinks, trips, cash or trinkets - the usual currency of lobbyists. It also means straightforward information - written or oral - developed to influence pending legislation.

After all, it takes time and talent to draw up the papers, documents and even one-page "talking points" that lobbyists use to make a quick impression on harried legislators.

Since information costs money to develop, it has value - and thus cannot be conveyed to legislators under Amendment 41.

That is clearly a violation of the free speech provisions of the U.S. Constitution's First Amendment, argues attorney (and former legislator) Doug Friednash of the First Amendment Council. And yet it's already being "violated every day" by Statehouse lobbyists.

The council filed suit against Amendment 41 a month ago, and this week sought a preliminary injunction to stop enforcement of its provisions until the suit is decided on the merits.

The council also seeks to enjoin enforcement of the $50 limit on gifts from nonlobbyists on the same grounds: It keeps ordinary citizens from communicating with lawmakers on pending legislation.

The suit also seeks to overturn the broad subpoena powers given members of the ethics commission created by Amendment 41.

If the suit is successful, it would knock out everything in the amendment except the "revolving door" provision.

Which is another story in itself. That section specifies that no statewide officeholder or legislator "shall personally represent another person or entity for compensation" before any other elected statewide officeholder or legislator for two years after leaving office.

That plain language would cover not only any ex-legislator hired by a corporation to lobby but one hired to run a department in state government by Gov. Bill Ritter. After all, Cabinet members earn their keep partly by making sure their departments are fully funded by the General Assembly.

But 1304 redefines the language to apply only to positions "primarily dedicated to lobbying." That's a blatant evasion.

blakep@RockyMountainNews.com or 303-954-5119.