Special Update 2.0 – What’s The Deal With General Assembly Vacancies?

It’s Monday, December 9, 2024. The 2025 General Assembly will convene in 30 days – we are officially within the less-than-a-month countdown. 

These updates are curated from multiple news sources and designed to be a “choose-your-own-adventure.” Please read any coverage of interest and skip anything you deem to be irrelevant. Hyperlinks are provided to add additional context. With the 24/7 news-cycle I hope to keep us all in the loop on items we may want to know about or better understand. Please feel free to share if you think someone outside FGMC needs to be aware of this information.

Disclaimer – The news and articles contained within this update do not represent any political positions or policy opinions of Foster Graham Milstein & Calisher, LLP. This update is designed for informational purposes only.

While we are all busy shopping for gifts and running errands after holiday parties, Congress is racing toward the end of the year — and the final weeks of Joe Biden’s presidency.

At the top of their agenda is getting a compromise version of the annual defense policy bill passed. The House Rules Committee meets at 4 PM ET today to prepare the 1,800+ page measure for floor consideration. If hardline conservatives block the path, Speaker Mike Johnson may rely on Democratic votes to pass the must-have bill under suspension. While there’s no resolution yet, all eyes will also be on progress toward a short-term government funding deal. Current funding expires on December 20, and with bipartisan interest in heading home for the holidays, negotiations will be closely watched.

Today’s Big Three Things-To-Know:

1. Psilocybin clinics get ready for roll out. Over two and a half years after voters chose to legalize “magic mushrooms,” Colorado is preparing to open its first centers for psilocybin use this summer, according to the state’s Natural Medicine Division. Supporters argue that psilocybin is effective in treating mental health conditions such as post-traumatic stress disorder (PTSD), anxiety, and treatment-resistant depression. However, critics highlight concerns about its potential links to suicide, accidental deaths, and psychosis. They are calling for stringent oversight, warning that psychedelics are being increasingly promoted and normalized on social media, much like marijuana has been over the past decade. While the 2022 ballot measure decriminalized the personal use of certain psychedelics, including psilocybin, the state program is focused exclusively on medical use rather than recreational use. Patients will only be allowed to consume psilocybin at designated “healing centers,” and the retail sale of psilocybin remains illegal in Colorado.
2. Legislative session is around the corner. The composition of Colorado’s Legislature is starting to look different than expected following the results of the election a month ago. Secretary of State Jena Griswold announced late Thursday that recounts revealed Republicans had flipped two House seats that Democrats initially appeared to have won. With these two gains, Republicans have ended the veto-proof supermajority Democrats held in the House for the past two years, though Democrats still maintain a strong 43-22 majority. In the Senate, the seat count remains unchanged since election night, with Democrats holding a 23-12 advantage, just shy of a supermajority. However, the makeup of the Senate is in flux, as two Democrats have announced their resignations, and a Republican is stepping down after being elected to the Douglas County Board of County Commissioners.
3. With the fall of Assad, a power vacuum opens in Syria. The sudden overthrow of Syrian President Bashar al-Assad, following an 11-day offensive, has created a power vacuum in the country. Much of Syria is now controlled by Hayat Tahrir al-Sham (HTS), an Islamist group with ties to al-Qaeda. HTS, which has promised to moderate its policies, is competing for influence with Turkey-backed groups, a U.S.-supported Kurdish alliance, and local militias in southern Syria. Other key players include ISIS, which controls parts of Syria, and Israel, which recently crossed into Syrian territory. Assad has fled to Russia, marking a significant loss for both Russia and Iran. The U.S. is re-engaging in Syria, focusing on preventing ISIS from regaining power, and launching airstrikes against ISIS targets. Meanwhile, former President Donald Trump has called for the U.S. to avoid involvement in Syria, stating, “This is not our fight.”

***Bonus Story – Coloradans are sticking to remote work as the economy slows. Many employees in the Denver metro area continue to work from home, even as remote work declines nationally. As of 2023, data from the Census Bureau shows that Denver and Boulder had significantly higher remote work rates than other U.S. cities. Boulder led the way, with at least 150,000 remote workers. Nearly 28.1% of Boulder’s workforce and 22.3% of Denver’s were working from home, both well above the national average of 13.8%. Economist Tatiana Bailey of Data-Driven Economic Strategies explained that Colorado’s appeal — including its outdoor lifestyle, sunny weather, and activities like skiing — draws workers seeking flexibility. Nationally, the trend is shifting in the opposite direction, with many areas seeing a gradual return to office work. Hybrid schedules, where employees split time between home and the office, are becoming more common, and companies are increasingly pushing for a full return to the office, signaling a shift in leverage toward employers. This news comes as Colorado’s GDP fell to No. 41 in the nation in 2024, a stark contrast from the state’s high performance in prior years. The 2025 Colorado Business Economic Outlook released Monday shows slowing in nearly every metric of growth. From 2008-2023, the state ranked No. 5 in the nation for GDP. Next year, economists predict the Colorado economy will grow but at a slower place, threatening to end Colorado’s run among the top spots in state GDP, income, and population growth.

***Bonus, Bonus Story –Denver’s declining home prices. Home price growth in Denver has slowed significantly since its peak in 2021, according to new data. This slowdown offers buyers a better chance to enter Denver’s once daunting housing market. The primary factor behind the price drop is high mortgage rates, which dampen demand and curb home price increases. In October, the year-over-year change in median home sales across metro Denver was just 3%, compared to over 20% in 2021, according to Redfin data. Home values also declined in November, making it an ideal time for buyers, according to the Denver Metro Association of Realtors. The median closing price of a single-family home in November was $639,000, down 1.7% from October’s price of around $650,000. Mortgage rates are expected to remain elevated in 2025, potentially dropping to around 6%, according to Realtor.com’s forecast. Currently, Denver’s mortgage rate is about 7%, according to DMAR. If mortgage rates and inventory stay the same in 2025, home prices will likely remain stable. However, if rates drop sharply, home prices could rise again.

And now, more news…

Around the city…Denver unveils round of 36 ‘legacy’ businesses.

According to Denver Business Journal, Denver’s roster of “legacy” businesses grew by another 36 members on Friday, marking the third round of local companies to earn the distinction for their cultural significance and community character.

Among the members of this cohort are more bars, restaurants and cafes, dance and yoga studios, a boutique shop, and a bookstore. This round brings the total number of companies dubbed a Denver “legacy” business to 85, according to an announcement of the new members. An initial cohort of 12 businesses was named in January by Denver Economic Development and Opportunity (DEDO). City leaders gathered at Bonnie Brae Ice Cream on south University Boulevard — one of the new legacy businesses — to unveil the round of members. Others included in this round were Root Down, Marczyk Fine Wines, Upstairs Circus, Cafe Brazil and Metropolis Coffee.

A legacy business designation unlocks access to marketing collateral, technical assistance and resource training provided by the city. Businesses also get customized referrals to other beneficial city and state programs. Concerned that Denver’s rising real estate costs have made more neighborhoods vulnerable to gentrification, DEDO announced the Denver Legacy Business program in August 2023. The program opened to companies operating in one of the 18 Denver neighborhoods the city identified as being where businesses are at risk of involuntary displacement.

By naming legacy businesses, DEDO said it hoped to create a sense of belonging and buy-in that prevents such displacement.

You can read more from DBJ here.

More from Denver…Denver flavored tobacco ban proposal is target of big industry lobbying — but it’s having little effect.

Via The Denver Post, the tobacco and convenience store industries’ attempts to stop the city of Denver from passing a ban on flavored tobacco and nicotine products are largely falling on deaf ears at city hall as the measure moves toward a final vote this month.

“To me, it’s big loud voices — but I don’t see the substance,” Denver City Councilwoman Serena Gonzales-Gutierrez, one of the measure’s three sponsors, said of the advertising and emails those industries have directed her way. The ban would prohibit the sale of nearly all flavored tobacco products within city limits, including flavored offerings for e-cigarettes, vaporizer cartridges and nicotine pouches as well as menthol cigarettes. It was introduced at the council committee level in late October, with backers portraying it as a matter of protecting young people’s health by making products that are already off-limits for them less appealing. On Monday, it will get its first reading before the full council.

Behind the scenes, some of the biggest players in the tobacco business have been working to derail the measure. The city of Denver’s online database of lobbying activity shows that lobbyists have registered this year on behalf of ITG Brands — the tobacco manufacturer behind Winston, Kool and other cigarette brands — as well as industry giant Philip Morris International.

You can read more from The Denver Post here.

Also from Denver…Traffic stops by Denver police plunge nearly 50% after new policy prohibits low-level enforcement.

According to The Denver Post, to stop a driver for infractions such as recently expired license plates, missing taillights or cracked windshields, officers in the Denver Police Department must now also have a second reason to carry out the stop, like suspecting the driver is connected to a more serious crime, or as a response to a specific, ongoing crime trend in a particular neighborhood.

Traffic stops in Denver plunged nearly 50% after the policy change this year, dropping from more than 18,300 stops in the four months before the May change to 9,600 stops in the four months after the shift, according to data provided by the police department.

You can read more from The Denver Post here.

Around Metro Denver…Douglas County commissioner Lora Thomas resigns, accusing fellow officials of harassment.

As reported by Colorado Politics, Lora Thomas, who has served on the Douglas County Board of County Commissioners since 2016, announced Friday she is resigning, effective immediately.

Thomas said she can no longer take the “unrelenting attacks, harassment and punishment” from fellow commissioners Abe Laydon and George Teal. Thomas, who is term-limited, said she had planned to serve out the rest of her term, which would have ended on Jan. 14. “I’ve lived in hell for four years,” a sometimes-tearful Thomas told reporters on Friday morning.

You can read more from Colorado Politics here.

What to expect for Colorado’s economy….Colorado’s economy expected to slow in 2025.

According to Denver Business Journal, Colorado’s GDP fell to No. 41 in the nation in 2024, a stark contrast from the state’s high performance in prior years.

The 2025 Colorado Business Economic Outlook released Monday shows slowing in nearly every metric of growth. From 2008-2023, the state ranked No. 5 in the nation for GDP. Next year, economists predict the Colorado economy will grow but at a slower place, threatening to end Colorado’s run among the top spots in state GDP, income and population growth. “This economy, while it’s still good, is not as hot or as good as it was two years ago or three years ago,” said Richard Wobbekind, a senior economist at CU’s Leeds.

The 2025 forecast for Colorado businesses predicts 1.2% job growth, which would mark a slowdown from the anticipated 1.6% growth this year and the 2.5% growth reported in 2023.

You can read more from DBJ here and the

Across Colorado…Colorado’s first psilocybin clinics to open this summer

Via Colorado Politics, over two-and-a-half years since voters elected to legalize “magic mushrooms,” the state’s first centers offering psilocybin are expected to open early this summer, according to the Colorado Natural Medicine Division.

Proponents say psilocybin is effective in the treatment of a few mental health issues, including post-traumatic stress disorder, anxiety, and treatment-resistant depression. Critics, meanwhile, insist that psilocybin is linked with suicide and accidental deaths, as well as associated with psychosis. Critics have also been pushing for strict oversight, arguing it is necessary because psychedelics are being promoted and “normalized on social media in the same way that marijuana has been for the past decade.”

While the ballot measure passed in 2022 decriminalized the personal use of certain psychedelic substances, including psilocybin, the state program is solely focused on the use of psychedelics for medical uses, not recreational. Patients will only be able to ingest the psychedelics at so-called “healing centers.” The retail sale of psilocybin remains illegal in Colorado.

You can read more from CoPo here Colorado Business Economic Outlook & Forum here.

More from around Colorado…As Colorado’s pension costs grow, some PERA members say its board isn’t listening.

As reported by The Colorado Sun, months before five Colorado school districts took the drastic step of suing the state pension plan, their elected representative tried to bring their concerns to the Public Employees’ Retirement Association Board of Trustees.

“We (the Board) rarely hear from people in the field about how PERA staff decisions affect their organizations,” Scott Smith — a PERA board trustee at the time — wrote in a November 2023 email to school administrators. “If you have issues or concerns with any recent PERA staff decisions, I would encourage you to sign up for public comment.”

The exercise got the board’s attention — just not the way Smith intended. After 15 school administrators showed up to testify, the board voted to limit the public’s ability to comment at future meetings. Two days later, Marcus Pennell, the board chair, filed a complaint against Smith for what he called “a pattern of problematic behavior.” One example of Smith’s alleged misconduct: his November email encouraging PERA’s members to talk to the board about their concerns.

You can read more from The Colorado Sun here.

From the Gold Dome…Republicans end Dems’ House supermajority as legislative dominos fall in Senate

Via The Sum & Substance, the makeup of Colorado’s Legislature is beginning to look a bit different than it appeared it would look when election night wrapped up one month ago.

Secretary of State Jena Griswold announced late Thursday that recounts have found that Republican candidates flipped two seats in the House that Democrats appeared to have held when the initial rounds of ballot-counting had finished. With those two seats, Republicans would end the veto-proof supermajority that Democrats held in that chamber the past two years, though the majority party still holds a dominant 43-22 edge in seats.

And while numbers in the Senate have not changed since election night — Democrats still will hold a 23-12 edge in seats, one short of a supermajority — the actual members of that chamber of the Legislature are in flux. Two Democrats have announced in the past month that they are resigning their seats, and one Republican also is leaving after being elected to the Douglas County Commission.

You can read more from TS&S here.

Speaking of…Colorado Democrats lose supermajority after Republican confirmed winner of House race.

As reported by Colorado Politics, the Secretary of State announced late Thursday that the second of two automatic recounts tied to the November election has been completed, and the outcome remained the same.

That outcome, along with the results of two other races, officially confirmed that Democrats have lost their supermajority numbers in the state House. Republican and former state Rep. Dan Woog of Erie was earlier declared the unofficial winner with a margin of 109 votes out of 56,730 votes cast in House District 19, which includes a small portion of eastern Boulder County and southern Weld County. Woog took 50.1% of the votes; his Democratic opponent, Jillaire McMillan of Longmont, took 49.9% of the votes.

That was well within the margin for an automatic recount. State law requires an automatic recount when the margin between the top vote-getter and second place is 0.5% or less. After the recount, Woog gained one more vote, so the official result meant he won by 110 votes.

You can read more from CoPo here.

Also from the Gold Dome…State Sen. Jaquez Lewis removed from committees; Dems plan ethics investigation over treatment of staff.

According to CPR, Colorado Senate leaders said they would approve an ethics investigation next session into Democratic State Senator Sonya Jaquez Lewis’ treatment of legislative aides, and are removing her from serving on any Senate committees when lawmakers return to the Capitol in January.

Jaquez Lewis represents parts of Boulder County, including Longmont and Lafayette, in Senate District 17. She has sat on the Senate’s Health & Human Services and Local Government & Housing Committees. Last week Democratic leaders banned Jaquez Lewis from receiving state funds to hire staff, following a recent complaint — reported by the Colorado Sun — that she used campaign funds to pay aides to do personal work. “The alleged behavior is in direct conflict with our core Democratic values of protecting workers’ rights and uplifting our workforce, and we take these allegations very seriously,” said a statement from outgoing Senate President Steve Fenberg, Majority Leader Robert Rodriguez and Senate President-elect James Coleman announcing her removal from committees. Because the outgoing Senate president is term limited and the new president won’t be sworn in until January 8, an ethics investigation won’t launch until next year.

You can read more from CPR here and Colorado Politics here.

From DEN…Denver International Airport closes bridge security.

Via Denver Business Journal, beginning on Monday, the Transportation Security Administration will no longer operate Bridge Security at Denver International Airport. The change was first announced in November. This will allow TSA to redirect resources to more efficient screening equipment at the West Checkpoint, ultimately improving passenger processing times, according to a spokesperson for DIA.

The screening equipment will remain in place in case there is an urgent need, but the lanes will not be staffed and the checkpoint will no longer be operational. Travelers can still use the A-Bridge to get from Concourse A to the terminal, except during overnight construction hours between 6 p.m. and 4 a.m. Monday through Thursday nights. During the closures, all travelers must use concourse trains to get to and from the terminal, according to the airport. The overnight closures are expected to last through the opening of the East Checkpoint in 2025.

You can read more from DBJ here.

On housing…Home prices in metro Denver decline.

From Axios, home price growth in Denver has slowed significantly since spiking in 2021, new data shows.

The price slump gives buyers a better shot at entering Denver’s once seemingly impenetrable market. You can thank mortgage rates for that. High mortgage rates suppress demand, which quashes home price growth. The year-over-year change in median home sales across metro Denver was 3% in October, compared to more than 20% in 2021, according to new Redfin data. Home value gains fell in November from the previous month — making this the best time of the year for buyers to look at homes, per the latest figures from the Denver Metro Association of Realtors.

The median closing price of a single-family home in November was $639,000, down 1.7% from October’s price of about $650,000. Mortgage rates are expected to remain elevated in 2025, though they could land somewhere closer to 6%, per a new Realtor.com forecast.

Denver’s current mortgage rate is hovering near 7%, per DMAR. If rates and inventory don’t change in 2025, expect home prices to stagnate. If rates fall sharply, home prices will likely shoot back up.

You can read more from Axios here.

From the workplace…Coloradans are sticking to remote work.

As reported by Axios, many employees in metro Denver still work from home — even as the practice loses ground nationwide.

People in Denver and Boulder worked remotely at significantly higher rates than other U.S. cities as of 2023, the latest available data from the Census Bureau. Boulder topped the list with at least 150,000 workers.

The metro area’s trend suggests working from home remains a desirable option locally, and companies appear willing to keep the practice. Nearly a quarter of workers in Boulder (28.1%) were working from home, while Denver (22.3%) wasn’t far behind. Both cities are far above the national rate (13.8%). Economist Tatiana Bailey, of Data-Driven Economic Strategies, told “Marketplace” last year workers seeking flexibility are drawn to Colorado’s rich outdoor scene, sunny weather, and recreational activities like skiing.

Nationally, the trend has been the opposite, with most places seeing a slow but steady return to the land of cubicles, water cooler chitchat and harsh fluorescent lighting. Many workers enjoy a hybrid schedule, splitting their workdays between home and the office. More broadly, companies’ big return-to-office push is a sign that employers are gaining more leverage over workers, Axios’ Emily Peck writes.

You can read more from Axios here.

Around the West…How Utah’s oil train project and its Colorado opponents ended up at the Supreme Court.

Via Colorado Newsline, the U.S. Supreme Court will hear arguments this week in a case that could determine the fate of a Utah oil train project opposed by Colorado communities — and possibly reshape a key federal environmental law in the process.

It’s been more than five years since the Uinta Basin Railway was first formally proposed to federal transportation regulators. The 88-mile short-line railroad would connect Utah’s largest oil field to the national rail network, allowing drillers there to dramatically ramp up production and ship it in tanker cars to Gulf Coast refineries on a route that runs directly through some of Colorado’s most environmentally fragile and densely populated places. The multibillion-dollar proposal could be an economic boon for the isolated Uinta Basin, and it’s backed by a public-private partnership between industry and seven Utah county governments. But environmental groups and Colorado’s Eagle County have sued to overturn the project’s approval, arguing that regulators failed to properly analyze “downline impacts” from the railway’s construction, including the added risks of accidents, spills, wildfire ignitions and more.

You can read more from Colorado Newsline here.

From Washington DC…Social Security beneficiaries at risk of delays amid GOP funding fight.

According to The Hill, Social Security beneficiaries could face longer wait times for service next year unless Congress agrees to the White House budget office’s request to increase funding for the Social Security Administration (SSA), the administration that runs the program is warning.

House Republicans balked at increasing funding for the SSA in the continuing resolution passed in September, which forced the agency to implement a hiring freeze last month. As a result, the SSA will soon reach a 50-year low in staffing despite having to provide service to a record number of beneficiaries, which means customers will experience longer wait times on the phone or online when trying to resolve problems.

While the funding freeze will not result in a cut in benefits, it will take the agency longer to process claims and to otherwise address customers’ problems. “If SSA does not receive increased appropriation through March, over 2,000 additional employees will be lost through attrition in the next three months, including experienced staff,” the SSA said in a statement to The Hill.

You can read more from The Hill here.

From the White House…President-elect Donald Trump interviewed by “Meet the Press” moderator Kristen Welker.

Via NBC News, President-elect Donald Trump told NBC News’ “Meet the Press” on Sunday that his inaugural address would focus on unity, and revealed his message to the Americans who did not support him on Election Day.

“I’m going to treat you every bit as well as I have treated the greatest MAGA supporters,” Trump said, responding to a question about what he wanted to tell the people who didn’t vote for him. Trump joined NBC News’ Kristen Welker on Sunday for his first major interview since winning the presidential election. Trump previously joined Welker for an interview in September 2023 and was the NBC host’s inaugural guest after she took over for longtime host Chuck Todd.

“These people are so dedicated to making America great again, it’s very simple. And I’m going to treat them just the same as I treat MAGA. We’ll treat everybody good. We want success for our country, we want safety for our country,” the president-elect added. Trump emphasized bringing down crime and said that the U.S. was “under threat.” The president-elect also said he wanted to improve the

If you’re following Colorado politics, you’ve likely been hearing a lot of buzz about vacancy committees lately. In recent years, these committees have played a critical role in the state’s political landscape. Whether you’re a political junkie or just starting to follow the conversation, here’s what you need to know about vacancy committees and their growing influence in Colorado’s government.

*This email contains a minor correction and some additional information from the original email.

Three state senators announced they will be resigning at the start of the 2025 legislative session. Democratic Senators Janet Buckner and Chris Hansen, along with Republican Senator Kevin Van Winkle, are leaving three open seats in the Colorado Senate. Vacancy committees will decide who fills those spots. An analysis by Denver7 shows nearly one-third of current state lawmakers were selected by a vacancy committee at some point in their legislative careers.

In Colorado, legislative vacancies can occur when a sitting lawmaker resigns, dies, or becomes ineligible to continue serving. These vacancies are typically filled by a process controlled by party officials rather than a direct election by voters. 

• When a legislative seat becomes vacant, the political party in that district convenes a “vacancy committee,” made up of party officials, precinct committee members, and central committee members.
• The political party has thirty days to appoint a replacement via a majority vote of a vacancy committee. If the party fails to do so, the governor gets to appoint the replacement instead.
• The vacancy committee usually (quickly) selects a replacement for the vacant seat. This process is used to fill both House and Senate vacancies.
• In some cases, the vacancy committee may hold a special election to fill the seat, but in most instances, the committee appoints a replacement.
• You can read more on vacancy procedures from Legislative Council Staff.

Filling Senate vs. House Vacancies:

• For state Senate seats, the vacancy committee selects a new senator from within the district. The appointed senator serves the remainder of the term unless the vacancy occurs close to an election, in which case a special election might be held.
• Similarly, for the House of Representatives, a vacancy committee fills the seat, and the appointee serves for the remainder of the legislative term.

The process of filling vacancies has come under growing scrutiny, with some lawmakers and political leaders raising concerns about the influence of vacancy committees in selecting replacements. As Colorado’s legislative session approaches on January 8, Democrats must fill two Senate vacancies, while Republicans face one vacancy. Vacancy committees for each district have scheduled elections for early January.

• In Senate District 31, Denver Democrats will hold a vacancy election on January 7 to choose a successor for Sen. Chris Hansen, who is resigning to become CEO of La Plata Electric. Seven candidates have announced, including Matthew Ball, Rep.-elect Sean Camacho, and Rep. Steven Woodrow, among others. James Reyes, chair of the Denver Democratic Party, emphasized the need for a fair, transparent process. Hansen, who has served in the legislature since 2017, was reelected in November with over 80% of the vote. His departure creates an opportunity for the district to select a new representative.
• The second vacancy is in Senate District 29, where Sen. Janet Buckner is stepping down on January 9 to focus on health and family. Rep. Iman Jodeh has already announced her candidacy. A vacancy committee for this district will meet on January 6.
• On the Republican side, in Senate District 23, Sen. Kevin Van Winkle is resigning after being elected to the Douglas County Board of Commissioners, with his resignation likely to take effect on January 9. A third vacancy committee for his seat has yet to be scheduled. Several potential candidates, including former Rep. Kim Ransom and Rep. Brandi Bradley, are being considered.

The recent spate of vacancies, including those of incumbents reelected in November, has sparked calls for reform to the vacancy process, which is controlled by a small group of party insiders. 

• Only four other states fill legislative vacancies in a way similar to Colorado, according to the National Conference of State Legislatures. Twenty-five states instead use special elections to choose a replacement for legislators who leave office early. Nineteen states allow the governor or Board of County Commissioners to appoint a replacement.
• Democratic Party Chair Shad Murib expressed concern over the growing number of lawmakers chosen by vacancy committees rather than traditional elections, calling it a “concern for every Coloradan.”
• An analysis earlier this year by Colorado Politics revealed that with a vacancy committee just four individuals often decide who will represent a House or Senate seat, with the average being around 40. This is the case for House districts, which represent roughly 89,000 constituents, while Senate districts cover about 165,000 people.

Pros and Cons:

• Advocates of Colorado’s vacancy committee system champion it for being faster and cheaper than special elections, which can take months to accomplish and cost hundreds of thousands of dollars. The faster the vacancy process is, the quicker the district’s citizens get representation in the State Capitol, they say. And while small, the vacancy committees put the decision in more hands than when the governor or county commissioners decide on their own.
• Critics complain that the vacancy committees give only a few dozen party insiders the power to select a representative for up to 169,000 Coloradans. They view it as an easy way for more ideologically extreme candidates to get into office, since the appointees with their built-in incumbency advantage almost always win the following election. It also completely excludes unaffiliated voters, who make up nearly 48 percent of Colorado’s active voters, from the process.

The 2025-26 legislative session is expected to begin with at least 20 lawmakers who entered the General Assembly through the vacancy process. With current or incoming House members likely competing for Senate seats, this could lead to additional vacancies. 

We’ll make sure to keep you updated as new information becomes available. Additionally, FGMC will be releasing a comprehensive Pre-Session Memo in the coming weeks, packed with everything you need to know ahead of the 120-day legislative session. Stay tuned for important insights and key details to help navigate the upcoming legislative period.

Meanwhile, here a few items you may have missed so far this week:

• Denver City Council approves shorter contract for Caring for Denver Foundation with eye toward more transparency – The Denver City Council on Monday awarded the Caring For Denver Foundation a one-year contract to continue administering grants funded through a dedicated city sales tax stream amid questions about the organization’s transparency and efficacy. The council was originally slated to consider a five-year agreement with the foundation that since 2019 has been tasked with distributing funding collected by the 0.25% Caring for Denver sales tax that voters adopted in 2018. Those dollars are earmarked to fund public and nonprofit programs that are focused on providing Denverites with mental health support including substance use treatment, suicide prevention and programs that present an alternative to jail. The delayed vote and shorter-term agreement come after Colorado Public Radio published a series of stories that examined Caring for Denver’s track record in delivering on its promises to combat substance use and mental health challenges in the city.
• Jena Griswold’s office violated policy leading to voting equipment passwords leak, but mistake was ‘unintentional’ – A third-party investigation into how voting equipment passwords were posted online concluded that the Secretary of State’s Office failed to review documents before posting them online but that the mistake was “unintentional.” “A series of inadvertent and unforeseen events led to the public disclosure of the BIOS Passwords,” the investigator, Baird Quinn, LLC, concluded. “However, the failure to review the posted document to ensure that non-public information would not be disclosed violates a Colorado Information Security Policy on publicly accessible content issued by the Governor’s Office of Information and Technology,” the investigator said. Meanwhile, state lawmakers will not pursue research into the Colorado secretary of state’s office over an election systems password leak discovered earlier this year. The Legislative Audit Committee voted 4-4 on an audit request into the state Elections Division. All four Democrats voted against the request and all four Republicans voted in favor of it. A tie means defeat.
• As Colorado refines its law on AI discrimination, privacy and consumer groups urge policymakers to give it teeth – A variety of advocacy groups are putting pressure on Colorado to thoroughly implement the state’s first-in-the-nation law to try to curb discrimination via AI systems. The law, approved last session, won’t take effect until 2026. It aims to set guardrails on how companies and government entities can use artificial intelligence to make key decisions over people’s lives, in areas as varied as banking and health care to government services. A task force is scheduled to issue recommendations to lawmakers in February on how to implement it. It’s likely there will be additional legislation to modify that law and tackle other aspects of AI, introduced throughout the upcoming legislative session, which starts in January. Advocates for consumers, workers, social justice, and privacy have joined together on a letter outlining key provisions they want to see maintained in the law. That includes using a broad definition for AI systems and giving the Colorado Attorney General authority to issue rules interpreting and clarifying the law.

Best,

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