The Denver Post

Using computers to speed-read bills was unconstitu­tional, state’s high court rules

Republican­s sued Dem leadership for 2019 actions

- By Alex Burness Alex Burness: aburness@denverpost.com or @alex_burness

The Democrats who run the Colorado legislatur­e were wrong to use speedreadi­ng computers to combat the GOP’s attempt to delay liberal legislatio­n, the Colorado Supreme Court ruled Monday.

In a 4-3 decision issued two years to the week since unintellig­ible speedreadi­ng debuted on the state Senate floor, the high court said that the use of computer programs in that case was unconstitu­tional.

“There are unquestion­ably different ways by which the legislatur­e may comply with the (bill) reading requiremen­t,” the court stated. “But the cacophony generated by the computers here isn’t one of them.”

The ruling confirms a previous ruling at the district court level. It’s a win for Republican­s, who sued Senate Democratic leadership.

A common stall tactic at the legislatur­e is to request that a bill be read at length — as in every word, in order, out loud. Republican­s were facing a deluge of big-ticket liberal bills in early 2019, including one that proposed to abolish the death penalty, and Assistant Minority Leader John Cooke, a Weld County Republican, asked that a 2,203-page bill be read at length.

Rather than let that happen and suck up many hours of the session, Democrats had the bill read through a computer program at an unintellig­ible speed.

Sage Naumann, spokesman for the Colorado Senate GOP, said in a statement that the party is “grateful that the Colorado Supreme Court sided with us in ruling that what occurred on March 11th, 2019, was not constituti­onal.”

He added: “We stand ready to work with the majority to establish clear, constituti­onal guidelines for the reading of bills on the floor moving into the future.”

In a dissenting opinion, Justice Monica Márquez wrote, “In my view, the plain language of (the state Constituti­on) simply requires that bills be ‘read,’ or uttered aloud.

Nothing more.”

Senate President Leroy Garcia, a Pueblo Democrat, said the party is “obviously disappoint­ed and disagree with the Supreme Court’s ruling, but we certainly intend to honor it.”

He also noted that “though we’ve sadly seen our fair share of wrenchthro­wing, I am encouraged by how far we’ve come over the last few years.”

“Bipartisan collaborat­ion has only gotten stronger through the hardship we have faced, and I am confident that we will continue to work together on behalf of all Coloradans — leaving the need for such methods behind,” he said.

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