Because it's a federal issue.
From Art. II, Sec. 1 of the U.S. Constitution:
"Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector."
There's the federal issue: there is no provision for revising the manner of allocation of Presidential Electors by ballot initiative. The Constitution specifically requires that the state legislatures determine this issue. Thus, the CO ballot initiative is unconstitutional.
And this federal judge is an idiot.
I think that refers to state legislatures.
oh.. OK. I agree.
US Code
TITLE 3 > CHAPTER 1 > § 5
§ 5. Determination of controversy as to appointment of electors
If any State shall have provided, by laws enacted prior to the day fixed for the appointment of the electors, for its final determination of any controversy or contest concerning the appointment of all or any of the electors of such State.....
The federal law governing this is also very clear, it is the law in place the day prior to the election that governs. This law can not effect this years election.
No because the State legislature has decided to allow legislative matters to be decided by popular vote. It's a Colorado State constitutional question, not a Federal question.