A proposed overhaul of ranked choice voting

Colorado voters will decide Nov. 5 whether to make major changes to the number of candidates elected in the state.

Proposition 131 would restructure most of the state’s primaries so that candidates from all parties compete against each other, with the top four vote-getters advancing to a ranked-choice general election.

Here’s what you need to know about the initiative and who supports and opposes it.

How would it work?

The measure, which requires a simple majority of voters to pass, would change most Colorado primaries so that candidates from all parties compete against each other, rather than the current practice of Democrats and Republicans nominating one candidate each. The top four voters in the primary — who could be all Democrats or Republicans or a mix of major and third-party candidates as well as independents — would advance to a general election with ranked-choice voting.

In ranked-choice voting, voters rank candidates in order of preference.

Here’s an example of what the ballot looked like last year in Boulder’s ranked-choice mayoral election:

If a candidate receives more than 50% of the initial votes, he or she is declared the winner. If no candidate meets this threshold, the candidates with the fewest first-choice supporters are eliminated and their voters’ second-choices are added to the list. The process continues until a candidate exceeds 50% of the total votes.

This video explains the process in more detail:

An obstacle to Proposition 131 taking effect

If passed, the initiative would not come into effect immediately – if at all.

That’s because of a provision added to Senate Bill 210, a broader ballot measure that lawmakers passed this year.

The clause requires 12 Colorado municipalities in counties of a certain size and demographic makeup to conduct ranked-choice voting before ranked-choice voting can be used in a race for state or federal office. Additionally, the amendment stated that Colorado could not move to the new primary system proposed by Colorado Voters First until that requirement was met.

Gov. Jared Polis nearly vetoed Senate Bill 210 because of the clause, which was added in the final days of the General Assembly legislative session and first publicly reported by The Colorado Sun. Polis said the provision potentially violates the state constitution — and is at least intended to thwart the will of voters.

Polis wrote in a statement explaining his decision to sign the bill that he believes ranked-choice voting could be implemented in Colorado by 2028. He said the extra time would be enough for local election officials to prepare and promised to convene state leaders when that happens.

As written, the measure is scheduled to take effect in 2026, and the measure’s proponents want to keep it that way. When it goes into effect is ultimately up to the legislature – not the governor or the initiative’s supporters.

Would it affect all races?

NO.

This would apply to races for Congress, governor, attorney general, secretary of state, treasurer, state board of education and University of Colorado regents, as well as state legislative contests. It would not apply to the U.S. presidential race or certain local contests, such as races for district attorney or county commissioner.

Do other states use a similar system?

Yes.

Alaska uses an all-candidate primary system, with the top four vote-getters advancing to a general election with ranked-choice voting. This system was approved by voters in 2020 and was used for the first time in 2022. There’s a measure on Alaska’s November ballot that asks voters to repeal the state’s system.

California, Louisiana, Nebraska and Washington also use different versions of primaries in which all candidates are represented, although they do not use ranked-choice voting for their general elections.

Maine and New York City are other places that use ranked-choice voting.

Colorado isn’t the only state voting on a ballot measure this year that would require an all-candidate primary followed by a ranked-choice general election. Voters in Idaho and Nevada will decide whether to adopt similar changes.

Where is ranked choice voting currently used in Colorado?

Only a handful of Colorado cities and towns currently use ranked-choice voting in their local elections or plan to do so in the future, including Boulder, Basalt, Broomfield and Fort Collins.

Aspen and Telluride have used ranked choice voting in the past.

What are the general arguments for and against Proposition 131?

Supporters of Proposition 131 say it represents a better way to increase voter turnout and ensure that every voter’s opinion is reflected in the results. That’s because voter turnout in primaries is often low, meaning the most partisan candidate often wins. Additionally, ranking candidates means voters have a better chance of influencing the outcome of the general election, even if their top candidate loses.

Opponents say the system is too complicated and will exacerbate election conspiracies. They also argue that Colorado’s election processes are already among the best in the country and do not need to be changed, which would be costly. Election officials have warned they need time to implement changes.

Critics also point out that the measure is largely financed by wealthy donors. (More on that in a moment.)

Both supporters and opponents of the measure argue that it would reduce the influence of political parties — for better or worse.

Shad Murib, the chairman of the Colorado Democratic Party, which opposes the measure, argued during a Colorado Sun panel that a Democrat and a Republican are running against each other for almost every elected office in Colorado. In Alaska, which has adopted a system identical to Proposition 131, Murib pointed out that a portion of the state’s general election this year will only pit candidates from the same party against each other, leaving supporters of the opposing party with no one to do so tut agrees with her political views.

Kent Thiry, the wealthy former CEO of Denver-based dialysis giant DaVita and a key proponent of the measure, pointed out during the panel discussion that most Colorado races are decided in the primary because the seats are either clearly Democratic or Republican. He argues that it is better to hold a higher turnout general election with multiple candidates from the same party competing against each other than to hold an election with candidates from opposing parties in which only one side has a realistic chance of winning.

Who is behind Proposition 131?

Colorado Voters First, the committee leading the charge on Proposition 131, had raised more than $9 million as of Sept. 25.

Thiry gave the committee the most of anyone. He had given the committee about $1.5 million as of the end of September. Unite America, a Denver-based nonprofit that advocates for election changes, had donated about $4.7 million to Colorado Voters First as of Sept. 25. Thiry is co-chair of Unite America’s board of directors.

Other major donors to Colorado Voters First include Ben Walton, a grandson of Walmart founder Sam Walton; Kathryn Murdoch, Rupert Murdoch’s daughter-in-law; Reed Hastings, CEO and co-founder of Netflix; Marc Merrill, co-founder of Riot Games; Robert Small, managing director at Berkshire Partners; and John Carroll, managing director at Summit Partners.

Much of the roughly $8 million the group spent through Sept. 25 went toward collecting signatures to get the measure on the November ballot, as well as advertising on television and other platforms.

The measure was supported by Democratic Gov. Jared Polis, U.S. Sen. John Hickenlooper and Denver Mayor Mike Johnston, as well as Republican Aurora City Councilman Dustin Zvonek and State Representative Matt Soper.

Who is against it?

Voter Rights Colorado, a group that opposes Initiative 310 and is supported by a list of progressive organizations, has also started raising money, although on a much smaller scale.

The committee had raised less than $100,000 as of September 25. It had received $46,000 from Coloradans For Accessible and Secure Elections, a nonprofit founded in December that does not disclose its donors.

The Colorado Fund for Children and Public Education had donated $25,000 to Voter Rights Colorado as of Sept. 25, while the American Federation of State, County and Municipal Employees had donated $20,000 and the Working Families Party had donated $10,000.

The Voter Rights Colorado coalition includes the Colorado AFL-CIO, the American Federation of Teachers Colorado, Conservation Colorado, New Era Colorado and the Colorado Immigrant Rights Coalition.

The Colorado Democratic Party and the Colorado GOP also oppose the measure.

More resources

Bipartisan legislative staff is creating a guide for each initiative on the statewide ballot. You can find her analysis of Amendment 79 here.

You can read the full text of the ballot measure here.

And here’s previous Colorado Sun reporting on the measure: