Picture this: in a state where we pride ourselves on democratic values, small groups of party insiders hold the power to handpick our elected officials. It’s happening right now in Colorado.
We are disappointed to report that this bill failed in the State, Civic, Military, & Veterans Affairs House Committee. Bob anticipates reintroducing this bill in the next session.
Yes, twenty-one current members of the Colorado General Assembly—1 out of every 5 lawmakers—were first appointed to the House or Senate through a vacancy committee. Rather than being chosen by tens of thousands of voting constituents, these representatives are selected by a handful of political elites. By the time they have to stand for an actual election, they have cemented their position thanks to the power of the incumbency. Regardless of partisan politics, this should raise an eyebrow.
Some of our recently elected legislators resigned soon after re-election, which has become a concerning trend in Colorado politics. Republicans and Democrats are taking advantage of the current process for filling vacancies. The person selected to fill the vacancy gains the incumbent advantage in the next election. With members resigning soon after an election, one might suspect that the resignations were planned to allow a vacancy committee appointment.
Bob Marshall (HD-43 - Highlands Ranch) proposed a solution during the 2024 legislative session, HCR 24-1004. The resolution passed the State Affairs Committee but died on the calendar. Representative Marshall reintroduced the resolution in this cycle as HCR 25-1002. If passed, the change would prohibit legislators appointed by a vacancy committee from running as incumbents in the next election. Instead, legislators selected by a vacancy committee would serve as temporary appointments and would not benefit from the advantages of incumbency. Because this requires an amendment to the State Constitution, if the resolution passes, the issue will be on your ballot in 2026.
Another bill, HB 25-1315, has also been proposed to appease concerns about vacancy committee appointments. This bill was introduced on the same day as Bob Marshall’s bill and will also be heard on the same day in Committee. While this bill modifies the selection process for filling vacancies, it does not address the issue of incumbency. Interestingly, while Marshall has been socializing his bill this entire session, he was not made aware of HB25-1315 before it was introduced.
Another bill related to vacancies was introduced, HB 25-1100. This bill pertains to the timing requirements within the vacancy process for certain positions.
A note from the Colorado Forward Party (CO FWD) Legislative Subcommittee:
CO FWD wholeheartedly supports this resolution. We are concerned about a growing trend in our legislature involving planned retirements, which allow vacancy committees to appoint replacements for vacant seats. The current system affords the incumbent an advantage in the next election. We understand that considerable time and research went into developing the proposed approach, and we are confident that it will reduce the occurrence of seemingly planned retirements.
A note from Bob Marshall (HD43):
Please support this resolution by contacting your representatives. Legislators respond to contacts from their constituents. Help me restore your power to elect your representatives.
These bills will be heard in the State, Civic, Military, & Veterans Affairs Committee on Monday, April 7, at 1:30 p.m. The link provides the names of Committee members. These are the legislators who have the authority to advance this bill. If you click on the member's name, you will find their contact information. It is always a good idea to also reach out to your Representative and Senator. Find My Legislator | Colorado General Assembly.