A bit of logic here...
Option A - Bush is clearly ahead in Colorado on Election day
If we assume the Bush folks oppose this amendment, if the have enough votes to have Bush carry the state, the likely also have enough votes to defeat the amendment.
Option B - Kerry is clearly ahead on Election Day.
Are Kerry supporters actually going to vote in a way on the proposition to take EVS away from their guy...?
Option C - It is very close on election day... If both sides think it is very close, I think most voters will be optimistic and vote against the idea in the hope their guy pulls it out...
A can't see a logical scenario where this thing passes actually..
It is also in CLEAR violation of USC 3 - so this thing gets nuked by the courts anyway, but it will not pass anyway IMHO.