Senate Bill 23-101, “Candidate Ballot Access For Primary Elections,” is currently making its way through the Colorado General Assembly. The bill is sponsored by Senate Minority Whip Barbara Kirkmeyer (R-SD23) and House Minority Caucus Chair Mary Bradfield (R-HD21).
During the midterms, Kirkmeyer made a run for the newly formed Congressional District 8. The first step in that process is the traditional caucus and assembly, but Kirkmeyer opted out and, instead, paid to gather signatures rather than face her party’s most active and engaged members. The 2022 Colorado Assembly was swept by America First candidates, and CD8 was no exception. Former Representative Lori Saine (R-HD63), the only Colorado legislator to hold a hearing on election integrity in 2020, won the top line on the primary ballot.
The CD8 primary was vicious and, while Kirkmeyer was victorious, she faced allegations of election interference and debate rigging. Like all the other unlikeable Colorado establishment candidates who inexplicably won their primaries, Kirkmeyer lost her midterm election. Democrat Yadira Caraveo is now in Washington, D.C.
Mary Bradfield, on the other hand, did go through assembly. She lost to Karl Dent. She was off the ballot until a judge said that the HD21 assembly result be thrown out — due to a single delegate being improperly credentialed during the vote. Given the procedural and credentialing issues at assembly, as well as clicker malfunctions that led to multiple legal actions, this was highly unusual and shocked the state. When the vote was repeated, Bradfield made the primary ballot and, of course, “won” the primary.
After their humiliating losses in the party process, Kirkmeyer and Bradfield have come together on SB23-101: “Candidate Ballot Access For Primary Elections.”
What is the substance of the bill? To abolish caucus and assembly.
“Section 1 of the bill eliminates the option for a major political party candidate to access a primary election ballot by being nominated through the political party assembly process.” Section 16 does the same for minor parties.
Please understand what is happening here: The primary sponsor of the bill to abolish caucus and assembly did not go through caucus and assembly — likely because she wouldn’t have advanced if required to face actual voters. The co-sponsor of the bill failed at assembly and had to use the courts to subvert the people’s process.
It’s much easier to pay people to circulate petitions for you when you’re unlikeable and your policies are detached from the will of the voters. And that’s the point.
As I have been saying for years, the Colorado Republican party is content being the Minority Party in the state. They have no desire to change. In fact, they are so resistant to change they are attempting to harden the rules to prevent change.
But the people of Colorado want change, and SB23-101 being brought by Republicans should surprise the many voters who’ve only recently engaged with this party (which is now looking to shut them out).
During the 2022 election cycle, the Colorado Republican Party saw the highest levels of enthusiasm and engagement they’ve enjoyed since 2010. You’ll recall that 2010 was the year the GOP nearly became a minor party in Colorado due to voters rejecting them outright. Rather than realize that their party establishment was detached from their voting base, the party doubled down over the next decade to alienate even more Colorado voters and hemorrhage party members. The Democrat Party has also seen a steady decline year-over-year.
Colorado voters have lost faith in the parties. As of February 2, 2023, Colorado has 3,800,543 active and 416,340 inactive voters, for a total registered voting population of 4,216,883. 27% are Democrats, 24% are Republican, and 47% are unaffiliated. Unaffiliated registrations have consistently increased for 11 years, up 1% since last year.
The response of the Colorado Republican Party is to remove the people from the process. Access to the ballot, if Kirkmeyer and Bradfield get their way, will be a matter determined by the candidates and the Secretary of State.
This isn’t a meaningful legislative proposal. It’s the scorn of two unpopular establishmentarians who should have lost their contests.
“Candidate Ballot Access For Primary Elections” was introduced in January and, surprisingly, has not yet been killed in committee.
Ashe Epp is a writer and election integrity activist. Read her work at asheinamerica.com and follow her on Telegram and other socials @asheinamerica.