SIGNED! Bipartisan Legislative Vacancy Reform Bill
Legislation will create more opportunities for Colorado voters to participate in vacancy elections
DENVER, CO – Governor Jared Polis today signed bipartisan legislation to reform Colorado’s vacancy process, which is used to replace a senator or representative if they leave office before their term ends.
“In a bipartisan way, we’re modernizing Colorado’s vacancy committee process to boost voter participation while filling vacancies efficiently,” said Rep. Emily Sirota, D-Denver. “We heard the concerns surrounding our current vacancy process, and our law limits the amount of time someone can serve before facing an election and subjects vacancy candidates to campaign finance laws. Lawmakers resign for many reasons, and this law is the right balance between creating more opportunities for voters to weigh in and ensuring communities aren’t without representation during the legislative session.”
"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 policy 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."
HB25-1315 is cosponsored by Minority Leader Rose Pugliese, R-Colorado Springs and Senator Barbara Kirkmeyer, R-Weld County. This law will increase transparency in the vacancy committee process and broaden voter participation 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 will 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 new vacancy committee process, and then there would be a new 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 new 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 law, the number of precinct organizers serving on the vacancy committee would double and automatically include any county commissioners who are members of the same 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.