Agenda Date: 04/01/2025
Subject:
Title
Resolution 24-2025: Opposing Senate Bill 25-001 Colorado Voting Rights Act unless amended to remove municipal elections and apply the provisions to state elections.
Body
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From: |
James L. Becklenberg, City Manager |
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Prepared by: |
Reid Betzing, City Attorney |
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Presentations: |
Reid Betzing, City Attorney |
PURPOSE:
Council consideration of a resolution opposing Senate Bill 25-001 Colorado Voting Rights Act unless it is amended to remove municipal elections and apply the provisions to state elections.
LONG-TERM OUTCOME(S) SERVED:
High-Quality Governance
DISCUSSION:
SB25-001 is the Colorado Voting Rights Act which purportedly attempts to protect voting rights acts by easing the ability for claims to made against municipalities.
The federal Voting Rights Act of 1965 was a landmark civil rights law during a time in which certain segments of populations in areas of our country faced challenges to being allowed to vote. The VRA as been used by the courts to address certain policies and redistricting plans that made it more challenging for marginalized segments of our country to vote and diluted their overall voting power.
These protections are what have led to the creation of SB25-001.
Some of the things that SB25-001 attempts to address are:
- Allows for discrimination claims to be brought at the state level against municipalities.
- Extends protections to disallow discrimination based on gender identity or sexual orientation.
- Makes sure people can vote while in jail.
- Expands the creation of multilingual ballots from qualifying counties to also qualifying municipalities.
- Requires the reporting of voting data, demographics, election results to the state.
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- Some of the possible concerns with SB25-001 are:
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- That Article XX, Section 6 of the Colorado Constitution explicitly grants municipalities control and power to regulate all matters pertaining to municipal elections in a city or town.
- The Colorado Supreme Court has expressly rejected that local elections are a matter of state or even mixed state and local concern. These findings have allowed Colorado municipalities the long tradition of establishing their own election procedures and timings as done by local charters voted on by its citizens.
- While called the Colorado Voting Rights Act, it does not apply to state elections, nor does it apply to school districts or other special district elections.
- Concerns remain that the bill will seek to align municipal elections dates with partisan state and federal election dates eroding the non-partisan character of municipal elections and increasing the potential for partisan influences on municipal elections.
- Concerns about increased costs due to litigation and procedures, as well as unfunded mandates.
CML is taking the position to oppose unless the bill is amended to exclude municipalities and to apply the provisions to state and coordinated elections only.
Prior Actions or Discussions
At the March 18, 2025, regular meeting of council, the city attorney presented an overview of current legislation which would have an impact on municipalities, including Littleton. Council directed staff to prepare a resolution opposing SB 25-001.
FISCAL IMPACTS:
N/A
STAFF RECOMMENDATION:
Staff recommends the approval of Resolution 24-2025, opposing SB 25-001 the Colorado Voting Rights Act unless amended to exclude municipalities from the requirements and include State elections.
ALTERNATIVES:
Council could postpone consideration of this resolution.
PROPOSED MOTION:
Proposed Motion
I move to approve Resolution 24-2025 opposing Senate Bill 25-001 the Colorado Voting Rights Act unless amended to exclude municipal elections and apply the provisions to State elections.