JOINT RELEASE: Bipartisan Legislative Vacancy Reform Bill Introduced
Bill aims to create more opportunities for Colorado voters to participate in vacancy elections
DENVER, CO – A bipartisan group of lawmakers yesterday introduced new legislation to reform Colorado’s vacancy process used to replace a senator or representative if they leave office before their term ends. HB25-1315 is sponsored by Representative Emily Sirota, House Minority Leader Rose Pugliese, and Senators Mike Weissman and Barbara Kirkmeyer.
“This bipartisan legislation will democratize Colorado’s vacancy committee process to boost voter participation and efficiently fill vacancies so all communities maintain representation at the Capitol during the legislative session,” said Rep. Emily Sirota, D-Denver. “As lawmaker resignations occur for a variety of reasons, we’ve heard the concerns about our current process and are taking action to increase campaign finance transparency for vacancy elections and limit the time someone can serve before facing an election.”
“Vacancies in the General Assembly are an issue I heard about as I traveled the state as the Minority Leader,” said Minority Leader Rose Pugliese, R-El Paso. “The people want to preserve the vacancy committee process while also having the opportunity to vote for their legislators. This bill will do both. It addresses increased engagement with our grassroots while still allowing the people an opportunity to vote in a November odd-year primary election.”
"Increasing strains on legislators leading to more frequent resignations have illustrated the need and opportunity to modernize the vacancy process for the Colorado General Assembly," said Senator Mike Weissman, D-Aurora. "This legislation represents a bipartisan way forward that is consistent with Colorado constitutional requirements, allows more input from voters, and does not excessively burden county clerks responsible for conducting elections. Critically, it will also capture raising and spending of campaign funds by candidates who seek vacancy appointments and run in vacancy elections so that voters can understand what influences may be operating in vacancy situations."
“For the past few years, voters have grown increasingly alarmed with our vacancy laws for important elected government offices,” said Senator Barbara Kirkmeyer, R-Weld County. “A handful of political insiders should not determine who sits in a state legislative seat for years at a time without voters being able to express their will. I’m pleased to be part of a bipartisan coalition that brings impactful reform to this process. This is an important first step in reforming vacancies for important government offices in Colorado.”
HB25-1315 aims to increase transparency in the vacancy committee process and broaden participation amongst voters when a legislative vacancy occurs. Under current law, vacancies in the General Assembly are filled by vacancy committee selection until the next general election. Colorado’s approach offers voters more opportunities to participate in the vacancy process than many other states where governors or small commissions make the appointments.
The legislative session begins no later than the second Wednesday of January and wraps up 120 days later. HB25-1315 would affect vacancies in the General Assembly in the following ways:
If a lawmaker resigns during session or by July 31 in an even-year, the new vacancy committee process will take place and then the selected candidate would run in the normally scheduled general election that November.
If a lawmaker resigns after July 31 in an even-year, the vacancy would be filled first by the vacancy committee. Then there would be a vacancy election in the following odd-year November election. If the seat was already on cycle for that even-year, the general election held in November of that year would continue as normal.
If a lawmaker resigns during session or by July 31 in an odd-year, the new vacancy committee process would fill the seat until a vacancy election can occur in November of that year.
If a lawmaker resigns after July 31 in an odd-year, the new vacancy committee process would take place and fill the seat until the next general election in the even-year.
In any scenario, lawmakers would only be able to serve one year before having to run in an election.
To run for the vacancy, candidates could qualify by collecting signatures from 30 percent of the vacancy committee members or at least 200 same-party voters in their district. This process aims to improve ballot access for candidates. Unaffiliated voters and voters of the same party would be allowed to participate in the vacancy election.
Vacancy candidates running in both the new vacancy committee process and the subsequent vacancy elections in November will be subject to campaign contribution limits and disclosure laws. Currently, candidates participating in the vacancy process are not subject to campaign finance laws.
Under the bill, the number of precinct organizers serving on the vacancy committee would double and automatically include any county commissioners who are members of the political party and reside within the district. If a precinct committee person is appointed to fill an open position on the selection committee, they cannot participate in the process until 91 days after their appointment.