Did you know that nearly 30% of Colorado’s current lawmakers gained access to their seats, either currently or initially, without going to a district-wide election?
That sounds bonkers, right? How can that be?
Well, it’s true, and here’s why: As with any job, when a lawmaker dies, resigns or is otherwise forced out, their seat must be filled by someone new. In the state of Colorado, the new person is generally appointed by a vacancy committee.
If you are unfamiliar with a vacancy committee, it is made up of party officials who collectively decide who will fill the seat from their party. For example, if a particular seat is vacated by a Democrat, the vacancy committee will occur within the Democratic Party by a process outlined by party rules. Similarly, if a Republican vacates a seat, the vacancy committee will be within the Republican Party by their rules. This ensures the person who left is replaced with someone in the same party.
The problem is that that’s not a particularly democratic system, particularly in a state of predominantly unaffiliated voters. Besides, especially at a time when party values vary so wildly, simply replacing a D for a D or an R for an R isn’t going to work. Voters need to have a say.
Vacancy committee appointments probably wouldn’t have come to attention if it were only one or two legislators who had been appointed, but that’s nowhere near the case. Instead, Colorado now boasts 29 lawmakers who have gained access to their seats either currently or initially via vacancy committee, with at least one more vacancy appointment expected soon. That will bring us to a total of 30 out of 100 lawmakers — or 30% — who gained access to the legislature by a small group of party officials, not by district voters. It’s a big problem.
Yet the most concerning part about appointments is not only the lack of representation in the short term. It’s the impact of the appointment for potentially years after the initial term due to the incumbency advantage.
Effectively, once someone obtains an elected position, it immediately increases one’s chances of maintaining it or another elected position in the future. This is due to an increase in the person’s name recognition, political contacts, endorsements, claim to experience and ultimately fundraising capabilities. In short, once someone is picked, it’s harder to get them out.
So what’s the alternative?
When it comes to filling a vacant legislative seat, Colorado is a bit of an odd duck. We are one of only five states that allow party-led vacancy committees, and one of only four with a similar vacancy committee process. Most other states fill a vacancy by either a special election or a governor appointment.
Of course, both of these options bring their own set of concerns. Special elections are costly and timely, and generally still hold lower turnout, albeit substantially larger than a vacancy committee. Special appointments by a governor are still often party-dependent, and arguably even less democratic as the decision comes down to one person. In my book, neither alternative to ours sounds particularly great.
But if we don’t want party-affiliated vacancy committees, and we don’t want the standard alternatives, what are we left with? We know there is a growing bipartisan consensus for change, and we know we want a low-cost, high-vote option. So can we get creative?
I’ll start: Can we somehow build in a second-place finisher in the general election as first alternates in the event a seat is vacated? Can we somehow create a new, alternate position during the general election such that the winner can temporarily fill in as needed so district services never go unmet? Can we somehow keep the vacancy committee option but mandate that the appointee is ineligible to run for another term immediately after?
The short answer is I don’t know. But I do know that we can and should expand the conversation to think outside of the box because Coloradans deserve a representative government and getting picked by a handful of party affiliates just isn’t it.
Colorado is facing unprecedented challenges, politically speaking. Where we once prided ourselves on being above the D.C. fray, now we can barely find agreement even within our parties. So when it comes to who is in office and why, we have to consider the impact that rising vacancy appointments are having on our political system.
Ironically, now all we need is to agree on an alternative.
Trish Zornio is a scientist, lecturer and writer who has worked at some of the nation’s top universities and hospitals. She’s an avid rock climber and was a 2020 candidate for the U.S. Senate in Colorado.
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