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The Unaffiliated | What didn’t make it into Colorado’s state budget. CD4 vacancy committee meeting rules finally released.

Plus: The 304 ballot measures filed for November. Lori Saine vs. Perry Buck. Americans for Prosperity Action starts spending.
by Brian Eason, Jesse Paul and Sandra Fish 9:23 AM MDT on Mar 26, 20241:22 PM MDT on Mar 26, 2024 Why you can trust The Colorado Sun

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The Unaffiliated — All politics, no agenda.

After days of uncertainty, the Colorado legislature met one of its key deadlines Monday — the introduction of the state budget, known as the long bill.

That puts the long bill on track to hit the House floor as scheduled this week, after the Joint Budget Committee raced to finalize the 2024-25 spending plan around 2 a.m. Friday.

The full long bill narrative hadn’t been posted online as of Tuesday morning, so we still don’t know exactly how big the budget is. But we can give you a little more detail on what’s in it.

Here are four things the JBC put into the long bill — and a few others that didn’t make the cut.

Public defenders: The JBC approved $8 million for the Office of the State Public Defender to hire 92 new employees next budget year, including 50 new attorneys.

The public defender’s office had initially requested 138 new employees, citing new workload standards backed by the American Bar Association that show the state is badly understaffed. However, office leaders pared their request back to 92 new positions after the JBC balked at the initial request.

JBC staff recommended staggering the new hires over the next several months, shaving about $2.8 million off the office’s final request. The JBC also approved a separate request to hire 11 new social workers.

Psychiatric beds: The budget panel approved $68 million to help reduce the state’s waitlist for psychiatric beds, addressing a top priority of Gov. Jared Polis and budget writers alike. Department of Human Services officials say the money would help the state open three forensic health units and provide dozens more beds that had closed due to lack of staffing.

Colorado is constitutionally required to provide mental health treatment to those deemed incompetent to stand trial, but a lack of beds at state mental health hospitals in Pueblo and at Fort Logan in Denver has left a large backlog of patients waiting in jail before they can receive treatment.

The JBC initially approved the administration’s full request for $75 million, but lawmakers trimmed it back just before 2 a.m. Friday amid a flurry of last-minute cuts as they balanced the budget.

Special education: The JBC fully funded special education, a so-called “categorical” program, a $34.7 million increase versus the current budget. That was around double the $17.7 million increase the administration had requested, which represented the minimum the state was required to spend to meet its constitutional obligations.

The additional money came entirely from the State Education Fund.

Placeholders: Lawmakers approved a number of placeholders for future legislation. They include:

  • $49 million for housing
  • $25 million for general legislative priorities
  • $18.6 million for education and workforce programs
  • $12 million for “other shared priorities” between the legislature and governor’s office
  • $3 million for rural hospitals

Auto theft prevention: In a last-minute addition to the long bill before it was introduced Monday evening, the JBC approved $8.1 million to expand a state car theft prevention program.

The administration had initially sought a $12.5 million boost for the program, one of its top public safety priorities in next year’s budget. The full amount would have hired 11 new employees, funded public outreach and education, covered overtime costs for law enforcement agencies and implemented new programs, including a tracking and reporting system.

On Monday, the JBC approved 6 new employees for the initiative. The proposed budget calls for $7.3 million from the state’s general fund, with the rest coming from the Highway Users Tax Fund.

  STORY:   Colorado lawmakers are finalizing a state budget plan that boosts K-12, higher education and health care

Welcome to The Unaffiliated, the politics and policy newsletter from The Colorado Sun. Twice a week, we take you inside the political arena to deliver news and insights on Colorado politics. Keep reading for even more exclusive news.

If you’re reading this newsletter but not signed up for it, here’s how to get it sent directly to your email inbox. And please send feedback and tips to jesse@coloradosun.com.

  MORE:   Here’s a couple items that didn’t make it into the spending plan.

Environmental inspectors: The JBC rejected a $900,000 request to hire eight environmental inspectors and outreach staff who would have focused on disproportionately impacted communities, such as low-income neighborhoods and communities of color.

Lawmakers initially rejected the request based on incorrect information that understated how many inspections the Colorado Department of Public Health and Environment conducts in such communities today. Initially, JBC members told The Sun they would likely reconsider it this month. But with the state facing a budget shortfall, a comeback request from the department was never brought to a vote.

Youth services: The JBC rejected a $3.6 million increase for the Tony Grampsas Youth Program. The administration said it would have supported an additional 30 programs with the potential to serve around 7,300 kids. Initially, Polis had proposed using marijuana tax collections to fund the proposal, then pivoted to seeking general fund money.

The JBC opted for neither when the March revenue forecasts left them facing steep budget deficits in both funds.

  STORY:   Colorado lawmakers reject request to hire state lawyers to prosecute gun crimes in federal court

  STORY:   Democrats’ school funding proposal would give more money to rural districts, increase per-student spending

WHAT TO WATCH THIS WEEK

  • The state’s 2024-25 budget will first be heard in the House Appropriations Committee before advancing to the chamber’s floor for two rounds of debate. The budget will then go through the same process in the Senate.
  • Senate Bill 159 at 1:30 p.m. Thursday. The measure would ban new oil and gas drilling in Colorado by 2030 and force companies to pay more to seal up old wells. The legislation lacks enough support to pass as-is and will likely be heavily amended — or fail to advance.
  • A Republican vacancy committee in Colorado’s 4th Congressional District will meet at 5 p.m. Thursday in Hugo to select the GOP nominee for the June 25 special election in the district that will determine who will serve out the rest of former U.S. Rep. Ken Buck’s term.
  • The legislature is scheduled to be off Friday in observance of Good Friday.
  • A Democratic vacancy committee in Colorado’s 4th Congressional District will meet virtually at 5:30 p.m. Monday to select the party’s nominee for the June 25 special election in the district.

THE BIG STORY

At the 11th hour, Republicans finally provide details on how they plan to select their CD4 special election nominee

A graphic showing how much the ingredients in a burger have increased
Then-state Sen. Jerry Sonnenberg at the Colorado GOP state assembly April 9, 2022, in Colorado Springs. He’s a favorite to win the Republican special election nomination. (Hugh Carey, The Colorado Sun)

Colorado GOP leadership Monday night finally provided details on how they plan to conduct their vacancy committee meeting Thursday to select a GOP nominee for the June 25 special election in the 4th Congressional District.

The vacuum of information led some candidates to avoid the race, which will determine who serves out the rest of former U.S. Rep. Ken Buck’s term, which ends in January 2025. It also amplified the concerns and conspiracies that are already swirling around Buck’s sudden resignation.

Why it matters: The 4th District is so favorable to Republicans that whoever is selected as the nominee will be a shoo-in to win the special election June 25. The vacancy committee’s rules will play a pivotal role in that.

Former state Sen. Tom Wiens, the Republican chair in the 4th District, said in an email Monday night to the 111 vacancy committee members that the rules were drafted in consultation with the state party and Chairman Dave Williams.

Here are the highlights:

  • Any registered Republican who is a resident of Colorado may be nominated for the special election nomination at the vacancy committee meeting. Originally, candidates were told they had to announce their intention to run for the seat by March 21. Nominees (assuming there is more than one) will have two minutes to speak to the committee.
  • Voting will be conducted by secret ballot. Voting by proxy will not be allowed.
  • The winner must secure a majority of the vote of the vacancy committee delegates present at the meeting. Any candidate who does not receive at least 10% of the vote in a round of balloting is ineligible to advance to a future round of voting. If every candidate receives at least 10% of the vote on a given round of balloting, then the candidate who receives the fewest votes on that ballot would be dropped off.
  • If after any round of voting there are five or fewer candidates remaining, each will have six minutes to address the committee. Wiens will have the discretion to ask the candidate a question. (The rules also state, however, that “there shall be only one round of six-minute presentations pursuant to this rule.”)
  • “Only literature for Republican candidates to be chosen at this meeting/convention may be distributed at this meeting/convention. Literature whose purpose is solely to discredit any particular candidate(s) shall not be allowed.” This is notable because at least two Republican candidates seeking to win the 4th District in the November election are not running for the special election nomination: U.S. Rep. Lauren Boebert and conservative commentator Deborah Flora. Additionally, delegates to nominating assemblies are typically bombarded with campaign messaging, much of it negative.

How Democrats are doing it: Democrats released their 4th District vacancy committee plans soon after Buck announced his resignation, including how long candidates will have to speak to the committee’s 246 delegates, how the order in which they speak will be decided and how delegates can ask questions of those who are running. Candidates for the April 1 virtual meeting must announce their intention to run at least 48 hours before the meeting.

Democrats, like Republicans, will require their nominee to secure a majority of the vote to be elected. And similar to the GOP, Democrats will force the candidate who receives the fewest votes to drop out until someone has secured a majority.

  MORE:   The Colorado Secretary of State’s Office released rules Saturday for how the June 25 special election in the 4th District will be conducted. The guidelines were issued after Gov. Jared Polis formally announced that the special election will be held on the same day as the primary election.

Some highlights from the rules:

  • The primary and special elections will be conducted on the same ballot. There were questions about whether voters would be sent separate ballots or whether the contests would be combined. Republican campaigns in the district were fearful there would be confusion either way. Ask voters to cast two ballots and they may only cast one. Ask voters to cast just one ballot and they may not understand they are being asked to weigh in on two elections.
  • County clerks must provide an instruction card with the ballots they send out explaining “the presence of the vacancy election on their ballot.” Clerks may use a template provided by the Colorado Secretary of State’s Office or create their own language for the card, though that language would have to be approved by the Secretary of State’s Office.
  • 4th District voters can cast in-person ballots starting June 10 — seven additional in-person early voting days than would have been required if it was only a primary election.
  • Counties in the district with more than 10,000 4th District voters must have at least double the number of in-person voting centers than would be required for a primary election.
  • Minor-party voters whose parties aren’t conducting primary elections June 25 will receive only a special election ballot.

Why it matters: The rules show that while combining the special election and primary on June 25 may save money, it still won’t be free — or uncomplicated — to hold the special election.

Want to reach Colorado political influencers and support quality local journalism? The Sun can help get your message attention through a sponsorship of The Unaffiliated, the must-read politics and policy newsletter in Colorado. Contact Sylvia Harmon at underwriting@coloradosun.com for more information.

THE POLITICAL TICKER

  CAMPAIGN FINANCE:   Americans for Prosperity Action spent nearly $180,000 from March 16 through Friday to support three Republican congressional candidates in Colorado it has endorsed. More than $90,000 of that sum went to digital advertising, canvassing and door hangers to support Jeff Crank, a conservative commentator and regional AFP vice president running to represent the 5th Congressional District. The conservative super PAC spent $73,000 on digital ads and canvassing to support state Rep. Gabe Evans in the 8th Congressional District, while about $17,000 was spent on canvassing to support Grand Junction attorney Jeff Hurd in the 3rd Congressional District. The political action committee is funded by Koch Industries, as well as members of the Walton family.

  ELECTIONS:   Colorado ranked third on MIT’s Election Performance Index for the 2022 election, receiving an 87% score. That was behind New Mexico and Michigan, which each received 88%. The index is based on factors including turnout, registration rates and data completeness.

  WELD COUNTY:   Two Republicans who served together in the Colorado House of Representatives and are now Weld County commissioners will face each other in the June 25 primary. Commissioner Lori Saine switched from running for reelection to her District 3 seat at the Weld County GOP assembly Saturday to challenge at-large Commissioner Perry Buck, who is also running for reelection. Saine won the most votes at the assembly — 116 to Buck’s 99 —meaning her name will be first on the ballot.

  MORE:   The Weld County GOP also approved a resolution during the assembly that would prohibit Colorado GOP officers from simultaneously running for or serving in elected office. It’s unclear if a similar resolution will be considered at the state assembly April 6, since it would apply to current GOP Chairman Dave Williams, who is running to represent the 5th Congressional District.

  STORY:   Should Steamboat build 2,264 homes for 6,000 workers? Voters get a say on Tuesday.

  STORY:   Pharmaceutical company Amgen sues Colorado over price-setting prescription drug board

  COLORADO POLITICS:   Republican state chair Dave Williams wins top-line in Colorado’s 5th Congressional District primary

  THE DENVER POST:   Is Colorado’s elections chief too political? Jena Griswold fights criticism of Trump-focused partisanship.

  THE DENVER POST:   How Wyatts Towing allegedly circumvented Colorado’s new towing law — and why legislators are pushing for further reform

  THE VAIL DAILY:   Western Slope lawmakers introduce rival bill to protect Colorado wetlands

  COLORADO PUBLIC RADIO:   Rep. Ken Buck will miss the people, but not the dysfunction, as he leaves Congress

CHART OF THE WEEK

A graphic showing how much the ingredients in a burger have increased
Many of the 304 ballot measures proposed by individuals still await hearings before Legislative Council Staff and the Title Board. (Sandra Fish, Special to The Colorado Sun)

There were 304 proposed ballot measures filed with Legislative Council Staff for the November ballot.

Many of the initiatives are similar and only have slight variations as their proponents sought the best ballot language.

The Unaffiliated examined the measures to group them into topic areas. Here are the most common categories:

  • 81 would change the state’s elections processes
  • 79 would affect taxes
  • 53 concern parental interaction over childrens’ gender identity
  • 23 would affect oil and gas development
  • 11 would either protect or restrict abortion access

Most initiatives don’t make it through the Title Board after receiving a preliminary hearing before Legislative Council Staff.

In fact, only the proponents of Initiative 50 — which would limit statewide property tax revenue increases to 4% annually — have gathered enough signatures to get the measure on the ballot. Another dozen initiatives have been approved by the state’s Title Board for signature gathering.

Keep in mind: Friday was the deadline to file measures for the November ballot with Legislative Council Staff. Any measures filed by that deadline have until April 5 to be filed with the Title Board for consideration for the November ballot. Measures must be heard before the board by April 17, with rehearings complete by April 26, to still be eligible to go before voters in the fall. Signature gathering must be wrapped up by Aug. 5.

There were 59 measures filed with LCS just before the deadline. As of midday Monday, there were 51 measures that had gone through LCS review but hadn’t been filed with the Title Board. There were 19 measures filed with the Title Board that hadn’t been heard yet.

THE BIGGER PICTURE

  • Lawmakers face tough lobbying on TikTok — from their own kids. “You can’t do that!”
    — The Wall Street Journal
  • How a pandemic malaise is shaping American politics
    — The New York Times
  • Nepo babies of N.J. politics
    — NJ.com
  • Wyoming bans most gender-affirming medical care for children
    — WyoFile

Corrections & Clarifications

Notice something wrong? The Colorado Sun has an ethical responsibility to fix all factual errors. Request a correction by emailing corrections@coloradosun.com.

Editor’s picks

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With Denver Summit FC, Rob Cohen is betting on Colorado falling in love with pro women’s sports

With Denver Summit FC, Rob Cohen is betting on Colorado falling in love with pro women’s sports

Award-winning Vietnamese restaurant in Denver finds its James Beard future on ice

Award-winning Vietnamese restaurant in Denver finds its James Beard future on ice

Corrections:

CORRECTION: This story was updated at 1:05 p.m. on Tuesday, March 26, 2024, to correct the final action the Joint Budget Committee took related to a state car theft prevention program. The JBC approved $8.1 million to expand the program.

Type of Story: News

Based on facts, either observed and verified directly by the reporter, or reported and verified from knowledgeable sources.

Tagged: Premium Newsletter, The Unaffiliated

Brian EasonPolitics and Policy Reporter

brian@coloradosun.com

Brian Eason writes about the Colorado state budget, tax policy, PERA and housing. He's passionate about explaining how our government works, and why it often fails to serve the public interest. Born in Dallas, Brian has covered state... More by Brian Eason

Jesse PaulPolitical Reporter & Editor

jesse@coloradosun.com

Jesse Paul is a Denver-based political reporter and editor at The Colorado Sun, covering the state legislature, Congress and local politics. He is the author of The Unaffiliated newsletter and also occasionally fills in on breaking news coverage. A... More by Jesse Paul

Sandra FishData Journalist

fish@coloradosun.com

Sandra Fish has covered government and politics in Iowa, Florida, New Mexico and Colorado. She was a full-time journalism instructor at the University of Colorado for eight years, and her work as appeared on CPR, KUNC, The Washington Post, Roll... More by Sandra Fish

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