Plan to write Voting Rights Act into Colorado law faces pushback from cities
A plan to write a key civil rights measure into Colorado law is running into intense resistance. Opponents say it’s really an attempt to rework how local elections are run.
This story was produced as part of the Colorado Capitol News Alliance. It first appeared at kunc.org.
The federal Voting Rights Act has been used for six decades to ensure the fairness of elections. But some worry the Trump administration will try to do away with it, so they’ve launched a national campaign for VRA protections to be written into state law. Several states have agreed.
Colorado could become the latest.
Senate Bill 1 would give voters the right to bring discrimination suits at the state level and extend new protections specific to the state, including making sure people can vote while in jail and barring discrimination based on gender identity or sexual orientation.
“The right to vote is under attack by a federal administration testing the limits of its power,” said Sen. Julie Gonzales, a Denver Democrat sponsoring the bill. “Generations of brave activists, women, and people of color have fought for the right to vote — and now, it’s our turn. This bill would ensure that in Colorado, no matter your gender, race, or the language you speak, your sacred right to vote is protected.”
The measure has the backing of a wide variety of groups, including the ACLU, the League of Women Voters and Colorado Common Cause.
But many local officials are worried — including some who say they would ordinarily support voting rights legislation.
“Aurora’s against the voting rights act?” asked Pete Schulte, the city attorney in Aurora. “I have to tell you, when I first heard City Council … talking about opposing this bill, I was like, ‘Wait a minute. It’s the Colorado Voting Rights Act.’”
“This does not mirror the federal Voting Rights Act,” he added.
Schulte and other local officials worry it could open new pathways for people to sue communities over elections. In particular, those suits could come over at-large seats or the timing of elections. Both could be considered discriminatory, if someone suggests they suppress turnout or representation of people of color.
They also point out that the state constitution gives Colorado communities broad discretion to run elections as they see fit. And, they say, cities in Colorado have successfully fended off any claims under the federal VRA that they’re violating voters’ rights.
“To date there have been no successful lawsuits against Colorado municipalities under the federal Voting Rights Act,” Heather Stauffer, legislative advocacy manager for the Colorado Municipal League, said at a recent hearing on the proposal. “It’s very clear to us that the intent of this bill is to change specific voting policies and structures of local government via litigation.”
The VRA’s supporters have tried to reassure cities that they don’t plan to come after them. But they say there should be laws to prevent election officials from engaging in discrimination.
“We have these federal protections. They’re nothing new. But they have been eroded,” said Michael Pernick, lawyer for the Legal Defense Fund who has helped draft state voting rights acts.
The measure has so far passed just one committee, in the state Senate. Backers say they hope to resolve local governments’ concerns as it moves through the process.
This story was produced by the Capitol News Alliance, a collaboration between KUNC News, Colorado Public Radio, Rocky Mountain PBS and The Colorado Sun, and shared with Rocky Mountain Community Radio and other news organizations across the state. Funding for the Alliance is provided in part by the Corporation for Public Broadcasting.