Despite a similar vote by a Senate District 25 vacancy committee last week, it was up to Gov. Jared Polis on Tuesday to make sure the Senate seat was filled and ready for the 2026 session.

That’s because the vacancy committee failed to turn in the required paperwork by the deadline. It’s the second time this year that a vacancy committee error has necessitated further action.

Lindstedt, a Democrat from Broomfield, and Thomas Klenow both vied for the Senate seat that covers Adams and Broomfield counties in the Dec. 23 vacancy election.

The seat was previously held by the late Sen. Faith Winter, who died in a Nov. 26 auto accident. An Arapahoe County toxicology report said she was intoxicated at more than twice the legal limit.

Winter had battled alcohol abuse for several years.

Under state law, a vacancy must be filled within 30 days, including submission of paperwork to the Secretary of State’s office.

However, the paperwork did not reach the Secretary of State by the Dec. 26 deadline, rendering the vacancy election illegitimate.

Polis announced Tuesday that he appointed Lindstedt to the seat.

This is the governor’s second appointment to the state legislature.

In 2022, Polis appointed Don Wilson, a Monument Republican, to represent House District 19 following the resignation of former Rep. Tim Geitner, R-Falcon. It was up to Polis because a vacancy committee did not certify a selection within the statutorily allotted timeframe. In that vacancy election, the committee failed to reach a quorum.

The governor’s office noted that state law requires the vacancy committee to certify a selection within 30 days; if it fails to do so, the governor must make the appointment within five days of that failure. 

It’s the second time this year that a vacancy committee has had problems with deadlines.

In September, after the resignation of Rep. Rose Pugliese, R-Colorado Springs, an El Paso County Republican vacancy committee failed to meet state-mandated deadlines for announcing the vacancy.

The vacancy committee held its election on Sept. 25, but the Secretary of State’s office declared the results invalid because the committee did not wait the required 10 days between posting the vacancy meeting announcement and the meeting date.

Ava Flanell won the do-over election on Oct. 11.

With Lindstedt’s move to the Senate, the House now has two vacancies to address as it begins the 2026 session.

On Jan. 11, a Democratic vacancy committee for House District 29 will pick a replacement for Rep. Shannon Bird, D-Westminster, who announced she was resigning on Jan. 6 to continue her pursuit of the 8th Congressional District. Republican U.S. Rep. Gabe Evans currently represents CD8.

According to the Colorado Democratic Party, Lori Goldstein, currently the board president of the Adams 12 Five Star Schools district, is the only announced candidate.

The following day, a Democratic vacancy committee for House District 33 will choose a replacement for Lindstedt.

Three candidates have announced their intention to seek the seat: Heidi Henkel, Stan Jezierski, and Kenny Nguyen. Henkel and Nguyen have both filed to run for the seat in the 2026 primary, while Lindstedt announced in May that he intended to run for the Senate seat held by the term-limited Winter.

With those two final vacancy elections, 27 out of 100 lawmakers in the 2026 session will have gained their initial entry to the General Assembly through the vacancy process.

Vacancy committees are composed of party insiders from the departing lawmaker’s party, typically numbering fewer than 100, who decide who will represent more than 88,000 residents in a House district or 165,000 in a Senate district.