DENVER — A new proposal would give Colorado voters a bigger role in deciding who represents them whenever a state lawmaker resigns before their term is complete. However, the measure is drawing criticism from some who say it still doesn’t solve a bigger problem.
Currently, when a legislative seat becomes vacant in Colorado, political party insiders — not voters — choose the replacement through a vacancy committee. The process is designed to be fast, so the seat doesn’t remain vacant for long. This ensures citizens in the district have representation during the General Assembly’s 120-day session.
“We want to ensure that the people’s will is actually represented here during that session,” said State Rep. Emily Sirota, D-Denver.
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About one in four current lawmakers first entered the legislature through the vacancy process.
“There has been some frustration expressed about the process that we currently have to fill those vacancies to ensure that our districts aren't going unrepresented,” Sirota said.
Sirota is among a bipartisan group of lawmakers sponsoring House Bill 25-1315, which would still allow vacancy committees to appoint someone initially but would require that person to stand for election within a year.
“We are giving voters more opportunity to engage in the process, but we are still allowing for a timely appointment,” Sirota said.
But not everyone would get to vote in the election. Only unaffiliated voters and voters registered with the same political party that held the seat could vote in the special election.
That restriction concerns Highlands Ranch resident Catherine Lees, who opposes the bill. She also objects to the costs.
“It’s more expensive for the taxpayers to run these special elections that not every voter gets to vote in,” said Lees.
A fiscal analysis by the Legislative Council Staff estimates the bill would cost the state about $338,000 in its first year, and $17,000 annually after that.
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Lees supported an alternative approach, previously proposed by State Rep. Bob Marshall, D-Highlands Ranch, which would have sent voters a ballot measure asking them to ban vacancy appointees from running in the next election.
“It’s just putting someone in place who will do good work in the legislature,” Lees said. “But then the next election is a reset with a level playing field—no incumbent.”
But Marshall’s proposal failed in committee by a vote of 5-6. HB25-1315 is still under consideration.
Meanwhile, the League of Women Voters of Colorado has called for changes to the bill to allow all voters, regardless of their party, to participate in the special vacancy election. Otherwise, they said the bill would likely violate the 14th Amendment of the U.S. Constitution.
They also want to allow any candidate, regardless of party, to run for the seat and adopt alternative voting methods to reduce vote-splitting when more than two candidates are on the ballot.
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