The logic and timing of Colorado’s latest surprise election rule has us stumped – yet again.
Under the new rule, votes cast for a candidate who withdraws or dies between 18 and 70 days before an election will automatically go to the replacement candidate picked by a political party vacancy committee. You might cast a vote for Mutt, but election officials would count it as a vote for, say, Jeff.
Commenting on the rule adopted last Thursday, Adams County Clerk Carol Snyder found it flabbergasting “that anyone can inherit votes that were cast in the name of someone else.”
As with other campaign finance and election rules adopted recently by Secretary of State Gigi Dennis, we have to ask: Why now? Does a problem exist? We’re told the answer is no.
Deputy Secreary Bill Hobbs says a person (whom he declined to identify) recently raised a question about the provision of state law that addresses the withdrawal or death of a candidate between 18 and 70 days before the election. After discussion with the attorney general’s office, Hobbs said the office decided to issue an emergency rule.
Current law sets clear procedures for vacancies that occur more than 70 and fewer than 18 days before an election. But Hobbs says the 18- to 70-day period is confusing and that the legislature will need to fix it. So why not allow the legislature to do just that? After all, the statute has been on the books for seven years and no harm has come to our great state.
Hobbs’ explanation is, “With hundreds of candidates on the (Nov. 2006) ballot, you’d think someone would become incapacitated, withdraw or die.”
Whatever the process or the reasoning, we find the outcome objectionable. It isn’t reasonable to count a vote for Mutt as a vote for Jeff.
The new rule comes as lawyers prepare to ask a state judge Thursday to block two of Dennis’ Aug. 2 rules, arguing in part that she lacks the authority to impose them. The rules were drafted by Republican attorneys, and in one case the language was imposed by Dennis just as submitted.
As with the Aug. 2 rules, the question on the 18- to 70-day rule is whether Dennis exceeded her authority by attempting to write policy. Democratic lawyer Mark Grueskin, who has challenged some of the Aug. 2 rules, said they “ought to be legislatively debated and resolved.” The candidates for secretary of state, Democrat Ken Gordon and Republican Mike Coffman, both believe Dennis has overstepped her authority. We believe it’s up to the legislature to set state election policy except when there is a real emergency.
