Amendment 36 Issue Stands

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A Fort Collins man says he has no plans to appeal a ruling against him on a measure that would change the way Colorado's Electoral College votes are allocated.

On Tuesday, U.S. District Judge Lewis Babcock dismissed a lawsuit challenging Amendment 36, saying he lacked jurisdiction.

The measure would scrap Colorado's winner-take-all system for distributing its nine Electoral College votes. Instead, the votes would be awarded proportionally, based on the percentage of the popular vote that a candidate received.

Businessman Jason Napolitano filed the suit two weeks ago, saying the proposal is unconstitutional. He says he won't appeal because he doesn't want Colorado to become another Florida.