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Stories about Colorado

Signatures submitted for recall effort in Avon, Colorado

An effort in Avon, Colorado, to recall Mayor Sarah Smith Hymes and Councilmembers Amy Phillips and Tamra Underwood was initiated in August 2020. Recall organizers had until October 12 to submit 496 valid signatures for each official. There were about 600 signatures submitted against Hymes and Underwood on the day of the deadline. On October 19, Avon Town Clerk Brenda Torres announced that not enough valid signatures had been submitted. Torres found 425 signatures valid in the recall effort against Underwood. There were 445 signatures validated against Hymes. Recall organizers have until November 3 to challenge Torres’ decision.

The recall against Phillips was found invalid because she is up for re-election on November 3.

The recall effort was initiated in response to the Avon Town Council deciding to leave in place a 2% real estate transfer tax, which collects $2.5 million annually. In a press release sent to Vail Daily, the recall committee organizing the effort said that the tax “puts Avon property sellers at a huge disadvantage when compared to our neighboring communities.”

In response to the recall effort, Hymes said, “Two of the people involved in this recall ran for election last time. They could have run candidates in the 2020 election, but they didn’t think they could succeed, so they’re choosing this backdoor way. They are wasting an enormous amount of town resources in pursuit of this.”

Underwood said about the recall effort, “I essentially find it nothing but an intimidation and bullying tool to discourage people from running for council in Avon, in particular female people running for council in Avon.”

In 2019, Ballotpedia covered a total of 151 recall efforts against 230 elected officials. Of the 66 officials whose recalls made it to the ballot, 34 were recalled for a rate of 52%. That was lower than the 63% rate and 57% rate for 2018 and 2017 recalls, respectively.

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33 committees supporting and opposing Colorado’s 11 November ballot measures have raised over $48 million, spent over $45 million

Eleven statewide ballot measures are certified to appear on the November 3 ballot in Colorado. Ballotpedia identified 33 committees supporting and opposing the 11 measures. The 33 committees had raised $48,172,175.15 and had spent $45,061,423.96 according to reports due on October 19 that covered information through October 14 as well as major contributor reports available as of October 20. The next regular reports are due on November 2.

Eight of the 11 measures on the ballot were placed on the ballot through citizen petition drives and concern wolf reintroduction, abortion restrictions, citizenship requirements for voting, national popular vote, paid medical leave, gambling, and taxes. The legislature referred the others to the ballot.

The measure with the highest amount of contributions is Proposition EE, where committees supporting the measure had raised $4.3 million and the committee opposing the measure had raised $3.77 million. Proposition EE, which was referred to the ballot by the state legislature, would increase taxes on tobacco, create a tax on nicotine and vaping products, and dedicate the revenue to health and education programs.

The other top most expensive measure in Colorado in 2020 are:

  1. Colorado Proposition 115, 22-Week Abortion Ban Initiative (2020) – Support: $536,767.90; Opposition: $6,995,891.62
  2. Colorado Proposition 118, Paid Medical and Family Leave Initiative (2020) – Support: $7,203,854.56; Opposition: $705,598.29
  3. Colorado Proposition 113, National Popular Vote Interstate Compact Referendum (2020) – Support: $4,664,373.10; Opposition: $1,603,884.33

So far in 2020, Ballotpedia has tracked $918.4 million in contributions to committees supporting or opposing the 129 statewide measures in 2020. Contribution totals increase rapidly in October due to pre-election campaign finance reports. Colorado currently ranks #4 among states with the highest ballot measure campaign contributions, behind California ($547.5 million), Illinois ($110.4 million), and Massachusetts ($55.2 million).

In 2018, Ballotpedia tracked $1.185 billion in contributions to the ballot measure campaigns supporting and opposing the 167 certified 2018 measures. Campaigns supporting and opposing the 13 statewide ballot measures on the 2018 ballot in Colorado raised $70.4 million, ranking Colorado #6 among states with the highest ballot measure campaign contributions in 2018. California was #1 with $369 million.

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Recall effort against Colorado Gov. Polis approved for circulation

A recall effort against Colorado Gov. Jared Polis (D) was approved for circulation on September 14. Supporters of the recall effort need to submit 631,266 signatures by November 13 to require a recall election.

The recall effort is being organized by Lori Ann Cutunilli and Greg Merschel. Last year, Merschel was part of a different group that tried and failed to recall Polis. The new recall effort criticizes Polis over his use of executive orders in response to the coronavirus pandemic. Executive orders described in the recall petition include the mask mandate and the closing of businesses and houses of worship due to the pandemic. Merschel said the following on his reasons behind the second recall effort, “He’s [Polis] ruling the state by executive order. He’s usurping the legislature.”

Polis’ office issued the following statement in response to the recall effort, “Since day one, Governor Polis has been focused on delivering real results for Coloradans across the state, and he has done just that. He has delivered on his promise to provide free full-day kindergarten to Colorado’s children regardless of zip code, fought tooth and nail to lower the cost of health care, taken bold climate action putting Colorado on the path to 100% renewable energy by 2040, and cut taxes for small businesses. Now during this unprecedented pandemic, Colorado has been a model for the country thanks to the bold and swift actions taken by Governor Polis including being one of the first states to reopen. Like the majority of Coloradans, the Governor believes that playing politics during this challenging time for our state and country is simply inappropriate and shameful.”

Colorado has a Democratic state government trifecta. A state government trifecta exists when one political party simultaneously holds the governor’s office and both state legislative chambers. Democrats control the state Senate by a 19-16 margin and the state House by a 41-24 margin. Polis was elected as Colorado’s governor in 2018 with 53.4% of the vote.

Eighteen gubernatorial recall efforts are currently underway in 2020. Nine of those efforts are against Michigan Gov. Gretchen Whitmer (D). From 2003 to 2019, Ballotpedia tracked 21 gubernatorial recall efforts. During that time, two recalls made the ballot, and one governor was successfully recalled. Former California Gov. Gray Davis (D) was recalled in 2003 and replaced by Arnold Schwarzenegger (R). In 2012, former Wisconsin Gov. Scott Walker (R) was retained in a recall election. The only other governor to ever be successfully recalled was former North Dakota Gov. Lynn Frazier (R) in 1921.

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30 committees supporting and opposing Colorado’s November ballot measures have raised over $39 million, spent over $32 million

Eleven statewide ballot measures are certified to appear on the November 3 ballot in Colorado. Ballotpedia identified 30 committees supporting and opposing 10 of the measures. The 30 committees had raised $39,321,079.49 and had spent $32,226,098.34 according to reports due on October 5 that covered information through September 30. The next reports are due on October 19.

Eight of the 11 measures on the ballot were placed on the ballot through citizen petition drives and concern wolf reintroduction, abortion restrictions, citizenship requirements for voting, national popular vote, paid medical leave, gambling, and taxes.

The citizen-initiated measures are Amendments 76 and 77 and Propositions 113 through 118. Campaigns surrounding the citizen-initiated measures raised 77.11% of the funds ($30.3 million of the $39.3 million total) and accounted for 78% of the expenditures ($25.3 million of the $32.2 million total).

The state legislature referred a state statute to the November 2020 ballot that would increase tobacco taxes and create a new e-cigarette tax to fund various health and education programs (Proposition EE). The committees supporting Proposition EE raised $3.6 million. Opponents raised $3.5 million.

The state legislature referred two constitutional amendments: Amendment B would repeal the Gallagher Amendment and freeze current property tax assessment rates. Amendment C would amend charitable gaming requirements. Amendment B supporters raised $1.6 million, and opponents raised $202,730.

Ballotpedia did not identify committees supporting or opposing Amendment C.

The two largest contributors to 2020 ballot measure campaigns were the Sixteen Thirty Fund and the North Fund. The Sixteen Thirty fund has given $3,083,667.64 in total to Colorado Families First supporting a paid family and medical leave program and to Abortion Access for All opposing abortion restrictions. The North Fund has given $3,200,000.00 million to the same committees.

In 2018, Ballotpedia tracked $1.185 billion in contributions to the ballot measure campaigns supporting and opposing the 167 certified 2018 measures. Campaigns supporting and opposing the 13 statewide ballot measures on the 2018 ballot in Colorado raised $70.4 million, ranking Colorado #6 among states with the highest ballot measure campaign contributions in 2018. California was #1 with $369 million.

So far in 2020, Ballotpedia has tracked $872.6 million in contributions to committees supporting or opposing the 128 statewide measures. Contribution totals increase rapidly in October due to pre-election campaign finance reports. Colorado currently ranks #4 among states with the highest ballot measure campaign contributions.

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28 committees supporting and opposing Colorado’s November ballot measures have raised over $23 million and spent over $19 million

Eleven statewide ballot measures are certified to appear on the November 3 ballot in Colorado. Ballotpedia identified 28 committees supporting and opposing 10 of the measures. The 28 committees had raised $23,369,532.55 and had spent $19,235,702.73 according to reports filed on September 8 that covered information through September 2. The next reports are due on September 21.

Eight of the 11 measures on the ballot were placed on the ballot through citizen petition drives and concern topics including wolf reintroduction, abortion restrictions, citizenship requirements for voting, paid medical leave, and taxes.

The citizen-initiated measures are Amendments 76 and 77 and Propositions 113 through 118. Campaigns surrounding the citizen-initiated measures raised 89.7% of the funds ($20.97 million) and accounted for 92% of the expenditures ($17.7 million of the $19.2 million total).

Campaigns surrounding the measures spent a combined total of $7.38 million on signature gathering costs. The campaigns to place Propositions 113 and 115 on the ballot used volunteers to collect signatures and therefore did not spend money on signature gathering. Proposition 113 will determine whether or not Colorado will join the National Popular Vote Interstate Compact. Proposition 115 would prohibit abortion after 22 weeks gestational age.

Seven citizen-initiatives were on the ballot in Colorado in November 2018, second only to California with eight. A total of $7.33 million was spent on petition drives by committees behind the citizen-initiated measures that qualified for the 2018 ballot.

The state legislature referred a state statute to the November 2020 ballot that would increase tobacco taxes and create a new e-cigarette tax to fund various health and education programs (Proposition EE). The committee supporting Proposition EE (A Brighter, Healthier Future for Colorado’s Kids) raised $2.4 million. Opponents (No on EE– A Bad Deal for Colorado) had not yet reported campaign finance activity.

The state legislature referred two constitutional amendments: Amendment B, which would repeal the Gallagher Amendment and freeze current property tax assessment rates, and Amendment C, which would amend charitable gaming requirements.

Colorado Coming Together, supporting Amendment B, raised $50. Keep Property Taxes Low, opposing Amendment B, raised $2,050.

Ballotpedia did not identify committees supporting or opposing Amendment C, which would lower the number of years an organization must have existed before obtaining a charitable gaming license from five years to three years and to allow charitable organizations to hire managers and operators of gaming activities so long as they are not paid more than the minimum wage.

In 2018, Ballotpedia tracked $1.185 billion in contributions to the ballot measure campaigns supporting and opposing the 167 certified 2018 measures and $1.16 billion in expenditures by those campaigns. Campaigns supporting and opposing the 13 statewide ballot measures on the 2018 ballot in Colorado raised $70.4 million, ranking Colorado #6 among states with the highest ballot measure campaign contributions in 2018. California was #1 with $369 million.

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Two Colorado Supreme Court justices seek retention in November

Colorado Supreme Court Justices Melissa Hart and Carlos Armando Samour Jr. are standing for retention election on November 3, 2020. Both justices were appointed by Gov. John Hickenlooper (D).

Currently, six of the seven justices on the court were appointed by a Democratic governor. Of those, five were appointed by Hickenlooper.

• Brian Boatright Appointed by Gov. John Hickenlooper (D) in 2011
• Nathan Coats Appointed by Gov. Bill Owens (R) in 2000
• Richard Gabriel Appointed by Gov. John Hickenlooper (D) in 2015
• Melissa Hart Appointed by Gov. John Hickenlooper (D) in 2017
• William W. Hood Appointed by Gov. John Hickenlooper (D) in 2014
• Monica Márquez Appointed by Gov. Bill Ritter (D) in 2010

• Carlos Armando Samour Jr. Appointed by Gov. John Hickenlooper (D) in 2018

The governor appoints justices to the court from a shortlist of two or three names assembled by the Colorado Judicial Nominating Convention. The convention is composed of 15 voting members. Eight are non-lawyers appointed by the governor and seven are lawyers jointly appointed by the governor, attorney general, and chief justice. No more than half the members of the committee plus one may belong to the same political party.

New justices must face a retention election during the next general election after they serve at least two years on the bench. Justices then stand for retention every ten years. Since 2008, justices facing retention elections have won 98% of the time. In Colorado, there has not been a single justice that lost retention during this same time frame.

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Colorado initiative to expand gaming types and increase maximum single bets certified for November ballot

Questions set to appear on the Colorado November ballot were finalized on August 27 after the last citizen initiative awaiting a statement of sufficiency was certified for the ballot.

The constitutional amendment, Initiative #257, would allow voters in Central City, Black Hawk, and Cripple Creek — the only towns where gaming is legal in Colorado — to approve a maximum single bet of any amount and approve more game types in addition to slot machines, blackjack, poker, roulette, and craps. The measure would repeal language that is currently in the Colorado Constitution that limits the types of games allowed in the casinos and that sets a maximum single bet of $100. The distribution of gaming tax revenue for community colleges in state statute would be amended to include distributions to programs to improve student retention and increase credential completion. If the measure is approved by voters statewide in November, each of the three towns may hold a local election to vote on whether to change betting limits and add new games. The earliest these changes would go into effect is May 1, 2021.

Going into the election, the maximum single bet in Colorado was $100, which was raised from $5 in 2008. The only other state with individual betting limits is South Dakota, where the maximum bet in Deadwood (also a former gold mining town turned gaming town) is $1,000.

The initiative was sponsored by Bruce Brown, the former mayor of Cripple Creek, and former Colorado Senate president Bill Cadman (R). Bruce Brown said, “These towns have built much of their local economies around hotels, restaurants, tourism, and travelers who visit because of gaming. Voters in these communities should be allowed to decide what is best for them and their economy, including whether they want to change betting limits and add new games.” Local Choice Colorado is leading the campaign in support of the measure. According to the most recent reports, the committee had raised $2.25 million and had spent $1.51 million. Top donors included Penn National Gaming, Monarch Blackhawk Casino, and Monarch Casino and Resort, Inc. Local Choice Colorado said, “If local voters choose to approve new games and betting limits, mountain casinos could attract higher-income Coloradans who would typically travel to other states to gamble, as well as out-of-state, high-stakes bettors visiting Aspen or Vail. This will improve economic opportunities for people living in these mountain towns by bringing in more tourists, creating good-paying jobs, and increasing tax revenues.” The Colorado Gaming Association had also endorsed the measure.

Proponents submitted 209,885 signatures to the secretary of state’s office on July 28, 2020. On August 27, the secretary of state announced that 138,232 were projected to be valid based on a random sample. To qualify for the ballot, 124,632 valid signatures were required.

On November 3, Coloradans will see 11 measures on the ballot. Eight of the measures were placed on the ballot through citizen petition drives and concern topics ranging from wolf reintroduction, abortion restrictions, citizenship requirements for voting, paid medical leave, and taxes. The state legislature referred a state statute to increase tobacco taxes and create a new e-cigarette tax to fund various health and education programs and two constitutional amendments: one concerning charitable games such as bingo and raffles and another to repeal the Gallagher Amendment.

In even-numbered years from 2000 through 2018, an average of nine measures appeared on the statewide ballot in Colorado. The approval rate for measures on the ballot in even-numbered years was about 41%.

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Measure to create paid family and medical leave program in Colorado to appear on November ballot

An initiative to create a paid family and medical leave program in Colorado was certified for the ballot on August 25, 2020. The initiative is the 10th measure to be certified for the November ballot in Colorado.

The initiative would allow for 12 weeks of paid family and medical leave and would allow for an additional four weeks for pregnancy or childbirth complications. The program would be funded through a payroll tax to be paid for by employers and employees in a 50/50 split. For the first two years of the program (2023 and 2024), the premiums would be 0.9% of the employee’s wage (0.45% paid by the employer and 0.45% paid by the employee). Employers could choose to pay a larger percentage of the cost up to 100%. Businesses with less than 10 employees would be exempt from paying the premium. Sole proprietors could opt in to the program. Premiums under the program would begin on January 1, 2023, if the measure is approved. Premiums would be adjusted for 2025 so that the total amount of premium contributions to the program equal 135% of the previous year’s claims and 100% of the administration costs. The premium could be set up to a cap of 1.2% of each employee’s wages. A covered individual would receive 90% their weekly wage if their wage is less than 50% of the state average weekly wage (AWW) and 50% of wages that are 50% or more of the AWW, up to a maximum benefit of $1,100 per week.

Colorado Families First is leading the campaign in support of the initiative. According to the most recent reports that covered information through July 27, the committee had received $2.83 million in contributions from four donors: Sixteen Thirty Fund, The Fairness Project, the Colorado AFL-CIO, and the American Civil Liberties Union. The committee reported $2.4 million in cash expenditures, of which, $2.23 million was paid to Blitz Canvassing for signature gathering, resulting in a cost-per required signature of $17.88.

Colorado Families First said, “Eighty percent of Coloradans don’t have access to paid family and medical leave. They can’t afford to take time off work to care for a newborn baby or a seriously ill loved one — something that’s needed now, more than ever. … Currently, 2.6 million Coloradans would benefit from the program. … Coloradans should not have to choose between paying their bills and taking care of their seriously ill family members or having a baby. Eight states, including Oregon, Washington, and Connecticut, have passed similar paid family and medical leave programs. These programs have had lower than expected costs, increased employee retention and have boosted morale.”

Not Now Colorado is leading the campaign in opposition to the initiative. The committee reported $25,000 in contributions from one donor: the Denver Metro Chamber of Commerce. The committee reported $9,968 in expenditures.

Not Now Colorado said, “[The initiative] is dishonest. To fund the program, proponents designate a ‘payroll premium’ as the source. The premium is actually a payroll tax deducted directly for the paychecks of hardworking Coloradans. … A dual-income family making $110k per year will pay approximately $1,000 per year into this state-run program. This equates to a car payment or a few weeks of groceries for a family. Did anyone ask them if they could afford it? Colorado is in the midst of a worldwide pandemic and an economic recession that has been compared to the Great Depression. Is now the time to ask families who are just getting back to work to pay a payroll tax out of their wages for an unproven, state-run program that they may not ever use? Not Now, Colorado!”

Of the 205,660 signatures submitted by proponents, 137,999 were projected to be valid. To qualify for the ballot, 124,632 valid signatures were required.

As of August 25, 2020, 10 statewide ballot measures were certified for the November ballot in Colorado. Along with the paid family and medical leave program initiative, voters will decide on five other citizen initiatives concerning wolf reintroduction, abortion restrictions, a citizenship requirement for voting, voter approval of fee-based enterprises, and an income tax rate reduction. A veto referendum determining whether Colorado will join the National Popular Vote Interstate Compact (NPVIC) is also on the ballot. The state legislature referred a state statute to increase tobacco taxes and create a new e-cigarette tax to fund various health and education programs and two constitutional amendments: one concerning charitable games such as bingo and raffles and another to repeal the Gallagher Amendment.

One additional initiative concerning expanded maximum bets and gaming types in the state’s casinos could also make the ballot after having submitted over 200,000 signatures in July.

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Colorado ballot initiative to require voter approval of certain new state enterprises qualifies for November ballot

In November, Coloradans will vote on whether or not to require statewide voter approval of new state enterprises if the enterprise’s projected or actual revenue from fees and surcharges is greater than $100 million within its first five years.

To qualify for the ballot, proponents needed to submit 124,632 valid signatures. Of the 196,090 signatures submitted by proponents on July 31, 2020, 138,852 were projected to be valid based on a random sample.

Enterprises were established through the Colorado Taxpayer’s Bill of Rights (TABOR) amendment of 1992. Enterprises are government-owned businesses that provide goods or services for a fee or surcharge that is paid for by the individuals or entities that are purchasing the goods or services. Examples of enterprises include the state lottery, state nursing homes, correctional industries, parks and wildlife, public colleges and universities, and the state unemployment insurance program. This is in contrast to government agencies or programs that provide goods or services that are paid for by tax revenue. Enterprises may receive a maximum of 10% of their annual revenue from state and local government sources but are otherwise financially independent from the state government and any local governments. Enterprise revenue does not count toward the TABOR limit. TABOR limits the amount of money the state of Colorado can take in and spend. It limits the annual increase for some state revenue to inflation plus the percentage change in state population. Any money collected above this limit is refunded to taxpayers unless the voters allow the state to spend it.

In the fiscal year 1993-94, the first year TABOR was in effect, enterprise revenue was $724.3 million. In 2017-18, state enterprises received $17.9 billion in revenue. In total, from 1993 to 2018, Colorado enterprises have received $150.17 billion in revenue.

Colorado Rising State Action sponsored the initiative. Michael Fields, executive director of Colorado Rising State Action, said, “For too long the legislature has been going around the Taxpayer’s Bill of Rights (TABOR). [Senate Bill 20-215] was a a perfect example of them trying to go around TABOR to raise revenue by calling them fees. Clearly, this is the move they are going to make, raising taxes by calling them fees.”

Ballotpedia identified two committees registered to support the initiative: Voter Approval of Fees and Americans for Prosperity Colorado Issue Committee. Together, the committees reported $754,703 in contributions, all but $655 of the contributions were in the form of in-kind contributions. The top three donors were Unite for Colorado, Americans for Prosperity, and Colorado Rising State Action. Unite for Colorado contributed $742,931.74 as an in-kind contribution to Voter Approval of Fees for signature gathering, resulting in a cost-per required signature of $5.96. Americans for Prosperity Colorado Issue Committee is also supporting another measure on the November ballot that would decrease the state’s income tax rate.

As of August 25, 2020, 10 statewide ballot measures were certified for the November ballot in Colorado. Along with the voter approval of fees measure, voters will decide on five other citizen initiatives concerning wolf reintroduction, abortion restrictions, a citizenship requirement for voting, a paid family and medical leave program, and an income tax rate reduction. A veto referendum determining whether Colorado will join the National Popular Vote Interstate Compact (NPVIC) is also on the ballot. The state legislature referred a state statute to increase tobacco taxes and create a new e-cigarette tax to fund various health and education programs and two constitutional amendments: one concerning charitable games such as bingo and raffles and another to repeal the Gallagher Amendment.

Signatures for one other citizen initiative were submitted and are waiting a statement of sufficiency or insufficiency. The measure would allow voters in Central City, Black Hawk, and Cripple Creek to vote to expand allowed gaming types and bet limits.

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Colorado Supreme Court Chief Justice to retire in January 2021

Colorado Supreme Court Chief Justice Nathan Coats is retiring in January 2021, when he reaches the mandatory retirement age of 72.

Coats joined the court in 2000 after being appointed by Gov. Bill Owens (R). Before that, he was an appellate deputy district attorney for the Colorado 2nd Judicial District from 1986 to 2000. He was the deputy attorney general from 1983 to 1986 and the assistant attorney general in the appellate section of the Colorado attorney general’s office. Coats obtained his undergraduate degree in economics from the University of Colorado in 1971. In 1977 he earned his J.D. from the University of Colorado Law School.

Under Colorado law, state supreme court justices are selected by the governor with help from a 15-member nominating commission. The commission provides a list of three candidates to the governor, who must choose from that list. Initial terms last at least two years, after which justices must stand for retention in a yes-no election. Subsequent terms last 10 years. Coats’ replacement will be Governor Jared Polis’ (D) first nominee to the seven-member supreme court.

The chief justice of the supreme court is selected by peer vote. Beginning in January 2021, the chief justice will serve for a set term on a rotating basis. As of 2020, the chief justice serves indefinitely as long as he or she has the support of his or her peers.

In addition to Chief Justice Coats, the Colorado Supreme Court currently includes the following justices:
• Monica Márquez – Appointed by Gov. Bill Ritter (D) in 2010
• Brian Boatright – Appointed by Gov. John Hickenlooper (D) in 2011
• William W. Hood – Appointed by Gov. Hickenlooper in 2013
• Richard Gabriel – Appointed by Gov. Hickenlooper in 2015
• Melissa Hart – Appointed by Gov. Hickenlooper in 2017

• Carlos Armando Samour Jr. – Appointed by Gov. Hickenlooper in 2018

In 2021, there will be two supreme court vacancies in two of the 29 states where replacement justices are appointed instead of elected. The vacancies are due to retirements. One vacancy—South Dakota—is in a state where a Republican governor appoints the replacement. The other vacancy—Colorado—is in a state where a Democratic governor appoints the replacement.

In 2020, there have been 19 supreme court vacancies in 16 of the 29 states where replacement justices are appointed instead of elected. The vacancies were caused by retirements. Twelve vacancies are in states where a Democratic governor appoints the replacement. Six are in states where a Republican governor appoints the replacement. One vacancy is in a state where the state supreme court votes to appoint the replacement.



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