After that thorough routing, Democrats have all the power
Having decimated the Colorado Republican party in the midterm elections, Democrats are now firmly in control of every branch of state government. They don’t need a single Republican to accomplish their goals, and Republicans can’t pass a single bill without significant help from the Democrats.
However, just because they can pass any legislation they choose, does not mean that they should.
Four times in the past 20 years one party has had a trifecta with a governor and majority in the house and senate. In each instance, the trifecta was short lived, because the party overreached.
Election results can be easily misinterpreted. Until Colorado is no longer a swing state, the results shouldn’t be interpreted as a mandate for the Democratic party. The better explanation is that the Democratic tsunami reflect better candidates and campaigns, a highly energized base, and voters (particularly women) fed up with President Donald Trump’s reprehensible conduct and punitive policies. Further evidence that this is not a mandate can be found by examining a failed oil and gas setback and an education initiative that were supported by some of their traditional base.
That being said, Democrats have a unique opportunity to offer bold leadership and still maintain control for at least the next four years if they navigate this terrain with a strategic and focused agenda. Where there is an alignment of interests, they would be wise to collaborate with their Republican colleagues.
It’s true Senate Presidentelect Leroy Garcia had to win back his district in Pueblo from Republicans following one of two 2013 recall elections over passing certain gun control laws in 2013, but Democrats should have no fear of two gun-violence-prevention bills as they reflect Colorado’s mainstream values.
First is the “red flag” bill, supported by law enforcement. It would allow family or law enforcement to request that a judge seize firearms if the gun owner is exhibiting dangerous signs and deemed to be a risk to themselves or others. Last year the bill passed the House and then died on a 3-2 vote in a Republican controlled kill committee.
Second, is a ban on the manufacturing, possession and purchase of bump stocks, which allow rifles to work like a machine guns, firing continuously with a single trigger pull. Las Vegas mass murderer Stephen Paddock had as many as 14 semi-automatic rifles equipped with bump stocks when he fired into the crowd killing 58 people.
Legislation banning gay conversion therapy will likely pass without far-right Republicans being able to block it from the Senate floor where moderate GOP candidates would likely support it.
Expect Polis to move forward with his campaign promise to provide free preschool and kindergarten to every student in Colorado. This is long overdue and there is no downside here if the legislature can find the resources to adequately fund early education.
Even the repeal of capital punishment could be pushed forward in a bipartisan fashion. Polls show that Coloradans still favor the death penalty, but two recent high-profile Colorado cases strongly suggest support is waning. Gov.-elect Jared Polis has said he would sign the bill if it got to his desk. Passage of a repeal would also give Polis more leeway to grant clemency to the three people on death row.
Business groups invested about $3 million in trying to keep a Republican Senate majority. As in 2009 and 2013, those groups will now face the consequences of a Democratic trifecta, including the proposition of a mandatory paid family medical leave bill that they successfully stopped in 2018 becoming law. As a candidate Polis championed this issue, but he is an entrepreneur who would be wise to think long and hard before supporting bills with significant business opposition, like a bill to allow local communities to raise their minimum wages; another to replace the Labor Peace Act with a new law that would make it much easier for employees to unionize.
With 2020 around the corner and their eyes on Sen. Cory Gardner’s seat, Democrats will be tempted to push a national agenda focused on immigration, climate change and election security.
No matter what happens, change is on the horizon. The state Capitol will be home to the most interesting game in
town.
Doug Friednash is a Denver native, a partner with the lawfirm Brownstein Hyatt Farber and Schreck and the former chief of staff for Gov. John Hickenlooper.