Colorado Legislative Strategies Updates 11.8.23

COLORADO LEGISLATIVE STRATEGIES NEWSLETTER
 
November 8, 2023 (Updated 11/9/23)

​Introduction
 
The election results are in! Nationally, it was another big win for Democrats (see Kentucky, Ohio, and Virginia). In Colorado, on the other hand, these results were a big loss for Governor Polis and Democrats in the General Assembly who championed Proposition HH. 
 
Proposition HH, the ballot measure ostensibly about property tax relief that was actually much more about tinkering with the TABOR cap, lost big – really big. Without burying the lede, roughly 60 percent of voters rejected the idea. 
 
Before we dive into all the results, let’s take a moment to address voter turnout this election. Once all the votes are processed and counted, 1.6 million people, around 42 percent of registered voters chose to participate in this election. 
 
That voter participation is honestly pathetic, especially in a state that makes it extremely easy to vote, but it’s not surprising given the lack of high profile races to drive turnout. In the last couple off year elections like this, Colorado has usually hovered closer to 40 percent turnout. 
 
So take these results with a little grain of salt. While it is true that this was probably the best election night for Republicans statewide since Cory Gardner won in 2014 (possibly with the exception of Proposition CC going down in 2019), these results should not necessarily be seen as a harbinger of things to come in the 2024 election. A year from now we will probably be talking about turnout that is double the turnout in this election. And those results in the three states mentioned at the top are a massive warning sign for Republicans. 
 
Now that we have that caveat out of the way, the defenders of TABOR should be basking in their success today. They took on a powerful political machine and won by a resounding 20 point margin. Only the most ardent HH supporters were saying it would pass but many thought the margin would be much closer. This result will go down as a historic win for TABOR.
 
Here’s a rundown of the results from the two statewide ballot measures and from some of the more interesting local election results. Keep in mind the results mentioned below are not yet final election results and results won’t technically be certified for a couple weeks.

​Statewide Ballot Measures 
 
Proposition II
Over 66 percent of voters supported this measure to keep excess nicotine tax revenue and use that money for preschool funding. Possibly the only thing of note is that over 500,000 voters would actually prefer sending a windfall refund to people who sell nicotine products over giving that money to preschool kids. 
 
Proposition HH
As mentioned in the introduction, nearly 60 percent of voters said hell no to messing with their TABOR. Throughout election night as more and more votes were counted the margin hovered around 60 percent no. The only big counties to support the measure were the Democratic strongholds of Denver and Boulder. Other Denver Metro counties roughly matched the statewide vote, and the Republican stronghold of El Paso county approached 70 percent no. 
 
The ripple effect of this result was nearly immediate. On November 9, Governor Polis called a special session to address the issue of property taxes. Details are still being worked out on the legislation but the loss of HH means the issue of property taxes isn’t going away. Even before HH lost, there were already ballot measures filed for the 2024 election and Governor Polis included property tax relief in his budget request. 
 
No matter what ends up happening, the loss of HH means the issue of what to do with rising property taxes will be a big topic going forward. 
 
Selected Local Elections 
 
Aurora 
Another bright spot for Republicans was Mike Coffman winning a second term as Mayor of Aurora. Coffman won nearly 55 percent of the vote and the challenger from the left, Juan Marcano, received less than 40 percent. Moreover, the City Council looks like it will be going from a 5-4 advantage for Republicans to a 6-3 Republican advantage. 
 
Denver
The results for the Denver School Board show the power of new Mayor Mike Johnston and the backlash to the controversies that have surrounded the board in recent years. In the two district races the incumbents endorsed by the teacher’s union both lost, and in the open citywide race the teacher’s union candidate lost by even more. New Mayor Mike Johnston endorsed all the winners who were more aligned with education reform and the board now has a 4-3 split as opposed to the prior board where all seven members were endorsed by the teacher’s union. 
 
Woodland Park
More on school boards and more change in response to controversy. The small school district in Woodland Park made national news when a very conservative board chose to adopt the new “American Birthright” curriculum and has lost nearly half of their teachers. Three seats on the board were up this election and it looks like all three incumbents will lose to challengers. The three new members will flip the direction of the five person board.
 
Douglas County
Schools were also a hot issue in Douglas County. It looks like the three candidates who ran against the direction of the current board will all win. Two years ago there was a conservative takeover of the school board and they chose to fire the current superintendent among other controversies. Voters also narrowly chose to raise their property taxes to pay teachers more but a bond for capital improvements is currently losing. 
 
Pueblo
Pueblo held their second ever election for Mayor and incumbent Nick Gradisar is currently losing to City Council President Heather Graham. However, because no candidate will exceed 50 percent there will be a runoff election in January. 
 
Boulder
Unlike Pueblo, there won’t be a runoff in Boulder. In 2020, Boulder voters approved a measure that would allow the election of a mayor through a ranked choice process. Prior to 2020, Boulder’s mayor was selected by council members, so this was the first year Boulder voters were able to vote for their mayor. 
 
After Councilmember Bob Yates, whose campaign more from the right (in Boulder!) emphasized housing and crime issues, declared a late night victory over incumbent progressive Mayor Aaron Brockett after receiving 51 percent of first choice rankings by voters. As more voters came in, Brockett picked up a substantial number of second choice votes and ultimately won the first ever ranked choice Mayor’s election in Boulder. 
 
Boulder voters also approved a citizen initiated ballot measure that puts pressure on local elected officials to address the homelessness issue in Boulder, particularly around schools. The measure prioritizes removing certain items including tents and propane tanks from spaces that are within 500 feet of a school property or within 50 feet of a sidewalk. 
 
Fort Collins
Fort Collins voters considered two measures that would increase taxes. First, voters narrowly approved a ballot measure that would increase sales tax to fund city priorities. The second measure concerning taxes would have increased property tax to fund affordable housing programs, but was rejected by voters. Additionally, Mayor Jeni Arndt won re-election for her second term.
 
Commerce City
Commerce City voters considered three measures that would allow residents to keep bees, chickens, and ducks in their backyards. The measure allowing bees to “bee” kept in residents’ backyards was the most popular among voters, passing by almost two thousand votes. The second most popular measure that was passed also “eggs”-tends Commerce City’s pet rules by allowing chickens to be kept in residents’ backyards. However, there were no lucky ducks in Commerce City last night, and the measure that would have allowed ducks to be kept in residents’ backyards did not pass. 
 
Conclusion
 
The 2023 election will be remembered for the historic defeat of Proposition HH. Although duck lovers in Commerce City will not soon forget their defeat either. 
 
Up to date election results from the Secretary of State can be found HERE.