Compromising positions of elected election officials
No matter what happens on election night, a controversy will haunt this election cycle. What is at stake is no less than the perception of a lack of trust and integrity in the outcome of our election at every level.
Ballots are on kitchen tables throughout Colorado in what is likely the most hyper- partisan, hotly- contested election cycle we can remember. Despite Colorado having one of the easiest, most efficient, and safest election systems in America, there is one fact that creates instant skepticism and demands immediate reform. Elected voting officials — the folks responsible for the rules and integrity of our election system — with demonstrated allegiance to a specific political party will be counting votes for candidates from the “other” party and deciding which ballots do not pass muster.
Metaphorically, the Dodgers will be calling balls and strikes while playing the Rockies. Even if the Dodgers made all the right calls, there would be a level of distrust that would cripple the perceived legitimacy of the final score.
Colorado can and must do better.
Over the past 20 years, 47% of secretaries of state have run for higher office while serving or shortly after leaving office. Onethird of the secretaries have endorsed a candidate running for office. And a secretary of state has served as the chief election official simultaneous to their appearance on the ballot 153 times.
Need more specific examples? A mere six months after being sworn in as Colorado’s current secretary of state, and only two months after coordinating a press release with Planned Parenthood, Jena Griswold launched a committee to explore running for U. S. Senate. She quickly raised over $ 200,000 to that end. Later, her staff coordinated with national progressive activist groups on statewide legislation. Last year, she appeared on stage with a Democrat presidential candidate just prior to Colorado’s presidential primary. Recently, there has been significant tension reported by Colorado Public Radio between Griswold’s office and our state’s clerks and recorders over her perceived “aggressive politicization” of her office.
The problem extends downstream from the secretary of state too. For instance, the most high
profile, most expensive district attorney race in the state this year — the race to replace me in Judicial District 18 — includes a Democrat nominee who has contributed more than $ 1,300 to Griswold, including hundreds of dollars within the past several months … and Griswold will not be on the ballot for another two years. The optics of that are horrible for trust in our election system.
To be certain, this is neither a Colorado, nor a Democrat issue. In 2018, two Republican secretaries of state — Kris Kobach of Kansas and Brian Kemp of Georgia — appeared on the ballot for governor, while simultaneously serving as their state’s top election official, injecting steroids into any potential controversy from their election cycle decisions and rule- making.
America is the lone democracy on the planet that elects its senior election officials, and the only one that allows them to oversee elections in which they are on the ballot. Of the 47 statewide election officials, the vast majority of whom are Republican, 35 are elected through a partisan process; an additional seven are appointed by other partisan elected officials. In Colorado, the true Guardians of the Galaxy are the clerks and recorders who actually count the ballots we submit. They are elected and re- elected through a partisan election they may oversee. The vast majority of them are Republican. Only three in Colorado are unaffiliated.
No state requires these critical positions to be non- partisan. Colorado should again lead the way for America and do just that.
Upon conclusion of this election cycle, Colorado must seek to amend our constitution to make the offices of secretary of state and county clerk and recorders non- partisan. We must also require anyone holding those offices to resign their position and engage in a reasonable cooling- off period before seeking election to a different, partisan office. We must sever the bonds between political parties and the vote counters.
Colorado should insist on voting for its election officials at the local and state level. Political appointments by governors or legislatures encourage partisan fealty to those politicians who may ultimately show up on future ballots. The popular election of officials encourages loyalty to the voters. That is unless the path to the general election ballot runs through a political party.
Voter confidence is predicated upon the perceived and actual impartial administration of our elections. Colorado must insist on election officials with monklike celibacy from partisan political entanglements. Once we tame this unnecessarily partisan position, Colorado should turn its attention to the attorney general, treasurer, sheriffs, coroners, and yes, district attorneys.