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Mike Foote: Every vote is equal under the National Popular Vote compact

This op-ed appeared in the Boulder Daily Camera on February 9, 2019.

Every vote should be equal, and matter, in every presidential election no matter where you live. Nobody can credibly say that happens under our current Electoral College system, but that is what would occur under a national popular vote.

If enough states with 270 electoral votes join National Popular Vote Interstate Compact, the presidential candidate who wins the most votes nationwide would unquestionably win the election. Presidential elections would no longer come down to which candidate can best pander to a small slice of voters in a small number of battleground states, but instead to whoever appeals to the most voters in the entire country.

This historically bipartisan idea of "one person, one vote" has widespread support in states big and small. Even a majority of Republicans in Colorado and every other state polled prior to 2016 believed a national popular vote was appropriate. Since our last presidential election, however, Republican support has waned and resistance by some to voting equality has increased.

This is unfortunate, because the winner-take-all allocation of presidential electors currently used in 48 states makes most voters irrelevant. In 2015, former Wisconsin governor and presidential candidate Scott Walker said it best when he remarked, "the nation as a whole is not going to elect the next president. Twelve states are." Voters in the other 38 states did not matter to Gov. Walker, nor to any of the other presidential candidates in 2016.

In a presidential winner-take-all elector allocation system, only 50 percent plus one vote determines for whom all of Colorado's electoral votes are cast. In 2016, that meant the 1.3 million Coloradans who voted for Hillary Clinton had their votes represented by all of Colorado's nine electors. The 1.2 million Coloradans who voted for Donald Trump were zeroed out. In 2004, 1.1 million Coloradans voted for George W. Bush but 1 million Coloradans voted for John Kerry. Only the Bush votes mattered, though.

It does not have to be this way. Most states use a winner-take-all system not because of what is written in the Constitution but rather because Thomas Jefferson wanted to capture all of his home state's electors in 1800 instead of losing one of them during his failed presidential run four years earlier. He convinced Virginia's legislature to switch to a winner-take-all system. Not to be left out, Massachusetts (President John Adams' home state) followed suit. A majority of states adopted winner-take-all by our 11th presidential election.

The founders of our country made sure each state had the plenary power to allocate its electors as its legislatures found appropriate. Article II, Section 1 of the United States Constitution ensures states decide how to choose their own electors. Many systems have historically been used, ranging from legislatures choosing electors to popular votes by congressional districts.

Much has been written about the National Popular Vote bill I am carrying with Reps. Jeni Arndt and Emily Sirota, including a supportive editorial by the Daily Camera. Unfortunately, some mistaken information is circulating.

A recent essay in the Camera, which called the National Popular vote compact "gutless and lazy," fell short in researching two of its main claims. First, the compact binds states to the national popular vote winner six months before the general election, so the "nightmare scenario" of states withdrawing after a November election but before electors meet is simply wrong. Second, in contrast to the essay's claim about the unconstitutionality of interstate compacts, United States Supreme Court precedent makes clear interstate compacts about domestic matters do not require Congressional approval — and over 200 agreements exist today.

Vague, unsupported claims of unconstitutionality should not keep Colorado from joining the national popular vote compact. Rather, Colorado voters and all Americans would be well-served by having every vote count equally no matter where the voter lives. Under the current system, once Colorado ceases to be a "battleground state" — perhaps as early as 2020 — we will suffer the same fate as Wyoming, Kansas, Oklahoma and Utah: presidential campaign flyover territory. If Coloradans want to have our voices heard, we should be a part of the national popular vote.

Imagine a time when presidential candidates appeal to voters across the country and compete for votes from rural, suburban and urban areas alike. Envision when a vote for a Democratic candidate in Mississippi, a Republican candidate in Oregon, and any candidate in Ohio is equally sought and equally matters. That is the beauty of the National Popular Vote and why Colorado should join the compact.

State Sen. Mike Foote represents Senate District 17, including Louisville, Lafayette, the Boulder County portions of Longmont and Erie, and parts of unincorporated eastern Boulder County.

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Veterans’ courts provide ‘holistic’ approach to treating lawbreakers

Robert-and-Garcia.jpegRobert-and-Garcia.jpeg

This piece appeared in the Pueblo Chieftain.

We often think of the courtroom as a place where justice is served to criminals, but what if it were a place where we could help keep veterans charged with crimes who also struggle with mental health and substance abuse issues out of the criminal justice system?

That is exactly what we saw when we visited a veterans’ court in Pueblo recently. Veterans courts are a special kind of court where military service members with substance abuse and mental health needs receive intensive supervision, oversight and treatment with the goal of helping all veterans overcome those challenges and get their lives back.

While veterans are less likely to be incarcerated than non-veterans, the fact is that too many come into contact with the justice system. There are more than 700,000 veterans in the criminal justice system in our country and many of those veterans end up there due to trauma, substance abuse or mental illness as a result of their military service.

During our visit, we saw military service members being held accountable not only by the law, but by their peers. Instead of one hearing, veterans court participants are expected to show up to hearings on a regular basis. At each hearing, a judge — who reviews multiple cases at one hearing — is not only joined by the prosecution and the defense, but also by treatment providers, law enforcement officials, Department of Veterans Affairs representatives and a team of volunteer mentors.

We both have worked with veterans and those struggling with substance abuse and mental health and were astounded to see these courts in action.

These courts are designed around the principles of accountability and structure and help connect struggling veterans with wraparound services from the Department of Veterans Affairs and veterans’ service organizations. The result is a holistic treatment that gets results.

Veterans courts are relatively new, with the first in the United States opening in 2008 and the first in Colorado opening in 2009, but initial findings have been very encouraging. Since launching in May 2015, the veterans’ court in Pueblo has served about 47 participants and has a success rate of about 85 percent. The program is a very popular option and is currently at maximum capacity and not accepting any new referrals until after the new year. The results have been so encouraging in Colorado that the state is now home to a total of six veterans’ courts.

The Community Mental Health Journal, in the first major study conducted on these courts, found that 89.5 percent of participants with PTSD remained arrest free during their time in the program. The study also found that veterans who participated in the court saw improvements with PTSD, depression, substance abuse, relationships and overall well being.

Our veterans put their lives on the lines to protect our freedoms and they deserve our support when they return home. We need to continue to invest in programs that work — and that means veterans’ courts. As a state, we must work to expand and improve these courts so that every veteran in Colorado can overcome their struggles with addiction and mental health, stay out of the criminal justice system and get their lives back.

Leroy Garcia is president-designate and represents District 3 in the Colorado State Senate and Robert Rodriguez is a senator-elect for District 32 in the Colorado State Senate.

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GARCIA: Fighting Homelessness and Addiction at Fort Lyon

A version of this piece appeared in the Pueblo Chieftain. 

As a paramedic, I’ve seen firsthand how devastating addictive drugs can be. I know that addiction has ripped apart families and devastated rural, suburban, and urban communities without regard for age, race, or income. I also know that the people suffering aren’t drug addicts – they’re our neighbors, veterans, friends, and even our family.

Sadly, Pueblo County has one of the highest overdose rates in the state. Of the more than 900 Coloradans who died at the hands of opioids in 2016, 40 were Puebloans. Drug addiction is a health crisis on its own, but it is also often a cause of homelessness.

Our resiliency and the strength of our community makes Colorado, and Pueblo in particular, so amazing. It is in our DNA to come together and persevere, no matter the issue. That’s what we’ve done in Pueblo – and will continue to do - in response to drug addiction and homelessness.

Thanks to the hard work of residents, advocates, community organizations, and elected officials at all levels of government, we’re making a big impact in the lives of those struggling with addiction and homelessness.

Five years ago, my colleagues and I fought to pass legislation that would help fight homelessness and drug addiction in southern Colorado. We had a vision for the creation of a program with a holistic approach that wouldn’t just address homelessness, but also its underlying causes: addiction, substance abuse, and a lack of job training and opportunity.

We executed that vision by securing millions of dollars in funding to convert the former Fort Lyon Correctional Facility into a transitional center for homeless people. The program provides residents with substance abuse support services, mental healthcare, transitional housing, and job training in a safe, tranquil setting. Since 2013, more than 700 people – many of whom are homeless veterans – have entered the program.

Despite some critics, a recent report from the state shows that the program at Fort Lyon is having a profound impact on one of our state’s most vulnerable populations. The report found that nearly 50 percent of participants got permanent housing when they left Fort Lyon, and another 29 percent moved into transitional housing. It also found that the average cost of is about $18,000 a person, less expensive than three similar programs. This program isn’t just benefiting patients, it is also growing southern Colorado’s economy by creating more than 100 jobs and generating more than $10 million in economic activity every year.

It serves us well to put money into something that we know has a great return on investment, and I’m encouraged by the initial findings regarding the program at Fort Lyon. Like all programs, we must examine its effectiveness to ensure it makes sense for tax payer dollars. We must also ensure that those who are suffering are able to get the treatment they so desperately need. It is incumbent on all of us to do everything we can to combat these issues, and in true southern Colorado fashion, that is what we have done and will continue to do.

Leroy Garcia is the Colorado State Senate’s minority leader.

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WILLIAMS: Shortchanged on Black Women’s Equal Pay Day

August 7th was Black Women’s Equal Pay Day, but if you live in Colorado you probably wouldn’t know.

While the national awareness day was trending on Twitter and written about in publications like Vox and Fortune, nearly every publication in Colorado failed to highlight the importance of Black Women’s Equal Pay Day.

It is particularly concerning that the media failed to cover Black Women’s Equal Pay Day while providing ink and airtime for such important holidays as National Donut Day on May 24th, National Hotdog Day on July 18th, National Cheesecake Day on July 27th, and International Cat Day on August 8th. In all seriousness, the pay gap between black women and other peer groups is no joke.

Nationally, women make 80 cents for every dollar white men make. In Colorado, the pay gap is slightly less — 81 cents for every dollar their white male counterparts make. But the pay gap is even more pronounced for women of color — black women make just 63 cents to every dollar white men make, according to the National Women’s Law Center. But what does that actually mean in real dollars?

Given that the median annual income for black women in the United States is $36,227 and $57,925 for white men, black women make nearly $22,000 less per year. In Colorado, the annual pay gap — not accounting for race — is $9,938.

Nearly 80 percent of black mothers are primary breadwinners for their families — just think of the power that extra $10,000 or $20,000 dollars could provide! A black woman could afford the annual in-state tuition and fees at a four year university or a two-year community college in Colorado, at least a year of childcare, or a year’s worth of groceries for a family of four.

It has been 55 years since the United States introduced the Equal Pay Act, but the reality is that a gender pay gap persists — particularly for black women. And as long as it does, black women will continue to struggle. Struggle to provide for their families; struggle to pay for healthcare and housing; and struggle to buy everyday necessities like groceries and medicine. These strong women, many of them friends and family members of mine, go above and beyond to provide for their families. But they shouldn’t have to work harder to make as much as white men and women.

If nothing is done, the Institute for Women’s Policy Research predicts that black women won’t likely see equal pay until 2125.

Women deserve to get equal pay for equal work, regardless of race. But as long as we continue to acknowledge national food days instead of critical issues like equal pay, we may be waiting a lot longer than 2125 for pay equality.

Angela Williams is a Colorado State Senator representing Senate District 33 and Chairwoman of the Black Caucus

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