A bill framed as cleaning up state election law that became a new front in the fight over ranked-choice voting won Gov. Jared Polis' signature Thursday afternoon — but not without Polis criticizing a controversial, last-minute amendment.
The new law, passed as Senate Bill 210, makes largely technical and procedural changes to state election regulations, such as requiring officials to update financial disclosures, lowering the age for when Coloradans can preregister to vote to 15, and changing deadlines and procedures for replacement ballots.
But on the last Sunday before the legislature needed to adjourn, Rep. Emily Sirota, a Denver Democrat and one of the bill sponsors, introduced an amendment that would raise substantial barriers to the enactment of ranked-choice voting. Colorado voters are expected to decide a measure this November that would, among other changes, institute ranked-choice general elections.
Sirota's amendment requires 12 counties of different sizes, along with certain demographic requirements, to use ranked-choice voting before the state adopts it. The amendment was publicly introduced and adopted in less than a minute, with no floor debate. Sirota told the House of Representatives it was to ensure the state had enough data about "new voting methods" and that any changes didn't disenfranchise voters, particularly low-income residents and those with limited English proficiency.
Sirota did not immediately return a request for comment Thursday afternoon. The amendment and its potential implications were first reported by the Colorado Sun.
The proposed ballot initiative would create an all-candidate primary election, with the top-four candidates proceeding to the general election. There, voters would be able to rank their preferred candidates for an "instant run off" to determine the winner. It has not been formally approved for the ballot, but has been approved for signature gathering. The proposed ballot initiative is being backed by Kent Thiry, the wealthy former CEO of Denver-based dialysis company DaVita.
In a signing statement, Polis said the bill includes "important provisions to ensure the safe, efficient, and trustworthy administration of the 2024 and future elections," but he criticized the ranked-choice voting amendment as "included at the last moment and without proper stakeholding."
If the ballot initiative to institute ranked-choice voting passes this November, he said this new law — and its restrictions on statewide implementation — would not be the starting point for enacting the ballot measure.
"It will be essential to reconcile the bill with the measure and to take prompt and good faith actions to successfully implement the will of the voters, and we are committed to doing so," Polis said in the statement.
The message was echoed in a joint statement from Senate President Steve Fenberg and House Speaker Julie McCluskie, who said they would "always work in good faith to uphold the will and intent of the voters."
Curtis Hubbard, spokesperson for the campaign supporting ranked-choice voting, Colorado Voters First, said in a statement that backers are "disappointed" with the bill signing but would continue their efforts.
"We will continue fighting — in the courts, across the state, and at the ballot box — for the rights of any voter to vote in any election and for the citizens' initiative process," Hubbard said in the statement.
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