Saturday, November 2, 2024

It’s Saturday, November 2, 2024, which means the October Surprise window has officially closed. November Surprises, here we come. Election Day is just three days away. The 2025 Colorado legislative session will convene in 67 days.

Colorado continues to be in the election spotlight. 

• Most recently the Colorado Libertarian Party sued Secretary of State Jena Griswold and her chief deputy on Friday in Denver, asking the court to decommission voting equipment and order a hand count of ballots in counties affected by the recently discovered online disclosure of hundreds of election equipment passwords.
• Hannah Goodman, the minor party’s state chair, and James Wiley, the Libertarian nominee in the 3rd Congressional District, argue in a lawsuit filed in Denver District Court that Griswold and Deputy Secretary of State Christopher Beall breached their public duties with the leak and their responses to it.
• Earlier the same day, Griswold and Gov. Jared Polis announced that all of the leaked passwords had been updated by Thursday evening and that state personnel had verified the affected voting machines are secure.
• The two officials, both Democrats, reiterated in a statement that the appearance of the voting equipment passwords in a spreadsheet posted online “did not pose a security threat to Colorado’s elections” and won’t affect how ballots cast in next week’s election are counted.
• “Colorado has countless layers of security to ensure our elections are free and fair, and every eligible voter should know their ballot will be counted as cast,” Griswold said.

Across the state, the dollars have been flying. 

• State-level super PACs reported spending nearly $13 million on Colorado House and Senate races through Thursday morning, according to a Colorado Sun analysis of campaign finance reports.
• That’s about $5 million more than was reported spent through Oct. 22.
• And the list of races where the most money has been spent has changed quite a bit, reflecting shifting priorities and competitiveness.
• At the same time, more than $42 million has been spent supporting or opposing the 14 measures on Colorado’s statewide ballot this year. That’s according to a Colorado Sun analysis of campaign finance reports filed with the state that reflect issue committee spending through Oct. 23 and political nonprofit spending through midday Thursday.
• And last week Colorado congressional campaigns filed their final campaign finance reports before Election Day, and Democrats have big cash advantages in the 3rd, 4th and 8th congressional districts, which are home to the state’s most competitive races.
• The Colorado contests may decide which party controls the U.S. House next year.

The election could also have major repercussions for the 2025 Colorado legislative session. 

• The 24th vote in the Colorado Senate is the golden ticket Democrats are chasing this election season.
• Democrats hold a 23-12 majority in the chamber and a 46-19 advantage in the House.
• That 24th vote would give Democrats the first supermajority — or two-thirds — in state history.
• With a supermajority in both chambers, which includes 44 seats in the House, Democrats could send constitutional amendments to voters without a single Republican vote.
• They could override gubernatorial vetoes, which Gov. Jared Polis has not been shy about handing out over the last six years.
• Since taking office in 2019, Polis has vetoed 32 bills, including 10 in 2023, the high watermark.

Meanwhile, Vice President Kamala Harris and former President Donald J. Trump are gearing up to hit key battleground states this Saturday, kicking off the final weekend of campaigning before Election Day. 

• As the nation approaches what could be one of the closest presidential elections in decades, both candidates are working to energize their supporters and sway any undecided voters.
• With millions already having cast their ballots, both campaigns will be making appearances in the Charlotte, North Carolina area.
• Harris plans to host a rally in Atlanta, while Trump will hold his own event in Virginia’s Shenandoah Valley, a state that hasn’t gone Republican in a presidential election since 2004.
• Their running mates—Senator JD Vance of Ohio and Governor Tim Walz of Minnesota—are stumping out West, campaigning in Arizona and Nevada.
• The race is closing with heightened tensions and sharp exchanges.
• On Friday, Trump faced backlash for violent comments suggesting former Representative Liz Cheney—who has become a key Republican surrogate for Harris—should be “put on a battlefield.”
• During a rally in Milwaukee that night, Trump mockingly questioned Harris’s qualifications, while she called his remarks “disqualifying” at a star-studded rally in West Allis, Wisconsin, urging supporters to vote.

Presidential election polls continue to suggest a tight race between Trump and Harris.

• National polls offer a glimpse into voter sentiment, with some recent surveys indicating that Trump may have gained an edge.
• However, an exclusive USA TODAY/Suffolk poll released on Friday revealed a tie between Harris and Trump in Pennsylvania, the swing state with the highest electoral vote count.
• Still, due to the Electoral College system, the outcome is likely to hinge on seven key battleground states.
• Notably, a winning margin of just a couple percentage points in the popular vote could actually translate into an Electoral College victory for Vice President Harris, a significant shift from the last two cycles where Democrats faced a significant disadvantage in the count.
• The reason is shifts in the electorate that may allow Republicans to gain on Democrats when it comes to the popular vote, but that might not translate into more electoral votes for former President Trump and the GOP.

With just three days until Election Day, here are some additional highlights:

• Voting in Pennsylvania – Democrats celebrated a Supreme Court ruling allowing some Pennsylvanians whose mail-in ballots were deemed invalid to cast provisional ballots in person, potentially impacting thousands of voters in a highly competitive state. In Erie County, a judge found that many voters may not have received their ballots in time and ordered election offices to remain open on Friday and Saturday for ballot requests.
• Appeal to George W. Bush – Following Trump’s controversial remarks about Cheney, Nicolle Wallace, a former White House communications director for President George W. Bush, urged him to publicly denounce Trump. Notably, Cheney’s father, Dick Cheney, and Bush’s daughter Barbara have both expressed their support for Harris, although Bush himself has ruled out endorsing a candidate in the race.
• Latino Voting Rights – The League of United Latin American Citizens, which faced raids related to a voter fraud inquiry in Texas, is partnering with a pro-democracy group to counter Republican efforts that restrict voting rights. Their initiative aims to dispel myths about noncitizen voting that have fueled new restrictions.
• Controversial Parade Float – The Pittsburgh branch of the N.A.A.C.P. and the Pennsylvania House speaker condemned a Halloween parade float depicting a woman dressed as Harris tethered to a vehicle with someone dressed as Trump. The float featured a Trump sign and appeared to have a large rifle mounted on the roof, prompting widespread criticism.
• Taylor Swift fans mobilize for Harris: A coalition called “Swifties for Kamala” said it has sent out 50,000 mailers enclosed with “Voting Era” friendship bracelets to young women in Pennsylvania who infrequently vote. The group is not affiliated with Swift, who has endorsed Harris.

So, that’s where we are. And in just a few days, it will all be over. 

Americans have been eagerly counting down for months, ready for the conclusion. Many are filled with anxiety and apprehension about the outcome of what they perceive as one of the most challenging and significant presidential elections in recent memory. 

As noted by The Washington Post, there is no middle ground left, at least not on the question of who should win. Everyone recognizes the stakes involved and the sharply contrasting paths that Harris and Trump would take the country on. Roughly half the nation supports one direction, while the other half favors the opposite. For those on the losing side, it will feel like an apocalyptic outcome. This election truly can feel like an all-or-nothing proposition for those who choose to cast their votes.

Take a deep breath, take care of your wellbeing and mental health, and get ready for Tuesday. Happy voting! Have a wonderful weekend! 

Best,

Confidentiality Notice and Disclaimer:  The information contained in this e-mail may contain privileged and/or confidential information intended only for the use of the individual or entity named above.  If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this e-mail is strictly prohibited.  If you have received it in error, please immediately notify us by telephone (303-333-9810) or e-mail, and delete this message.  Although this e-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received, it is the responsibility of the recipient to ensure it is virus free and no responsibility is accepted by Foster Graham Milstein & Calisher, LLP for any loss or damage arising in any way from its use.