Week 10: Waiting for the SoS to adopt rules for proportional voting

Dear Colorado Voter,

Today House Bill 26-1203 was postponed indefinitely ("killed") in a Senate committee. A valid argument for the original bill was to solve the problem of "vote dilution" in county commissioner elections. When the option to use a proportional voting method was stripped from the bill in the House, that argument was no longer valid.

From https://www.democracydocket.com/analysis/racial-gerrymandering-vs-racial-vote-dilution-explained/ :

"A racial vote dilution claim is brought against a map when a state's minority voters cannot elect the candidate(s) of their choice…"

"Importantly, a plaintiff does not need to show discriminatory causation or intent in order to prove vote dilution claims…"

Only a protected class, such as Latinos or Blacks, can make a vote dilution claim. If political party affiliation were a protected class, then Republicans in Massachusetts could make a vote dilution claim. Republicans make up a sizeable percentage of the electorate in Massachusetts, but they are dispersed widely and not able to elect a U.S. Representative in any congressional district.

If a racial group is 40% of a county's electorate and votes cohesively, but they are dispersed across a county, then under the original version of HB26-1203, a proportional voting method representation would have reliably provided representation for the group! In contrast, the amended HB26-1203 could have been challenged under the Colorado Voting Rights Act (COVRA).

A proportional voting method has been allowed in Colorado Revised Statutes since 2008, and "The secretary of state shall adopt rules … on the conduct of elections using ranked voting methods" (including proportional ranked voting) 1-7-1004 C.R.S. Places like Longmont are still waiting for the Secretary of State to adopt these rules so that the county clerks will conduct a proportional voting election. As Secretary of State, I would prioritize adopting those rules.

An update on the field of candidates: Amanda Campbell of the American Constitution Party filed to run for SoS, her 5th consecutive run for the office. The Libertarians held their state assembly over the weekend choosing candidates for more than 3 dozen seats. The only contest where two candidates made the ballot was the SoS contest.

With enthusiasm and purpose,

Celeste