Colorado Politics

Colorado Title Board advances competing redistricting proposals, revised Pinnacol measure

With just two meetings left before an April 15 deadline, the state’s Title Board on Wednesday pushed through a slate of ballot measures, including a revised proposal to privatize Pinnacol Assurance and dueling plans to redraw Colorado’s congressional map.

The measures set the stage for potential legal fights and a crowded November ballot.

Any ballot measures without a set title by April 15 will not appear on the ballot.

Among the dozen ballot titles the board reviewed Wednesday is a new measure to allow Pinnacol Assurance, the state’s largest provider of workers’ compensation insurance, to separate from the state and become a stand-alone private mutual insurance company.

The title board approved the title for the ballot measure submitted by Colorado Succeeds in February — only to reverse its decision on March 4.

Members of the title board raised two issues in their March 4 hearing. The first dealt with a risk plan contained in the ballot measure to be developed by the commissioner of insurance.

Kurt Morrison, who represents the Attorney General’s Office, said the risk plan was not related to the ballot measure’s main purpose.

Theresa Conley, who represents the Secretary of State’s Office, said the creation of a workforce development fund appeared to be unrelated to the measure’s title.

Colorado Succeed had already submitted a new proposal that took out the issues raised: The ballot measure known as No. 249 refers to workforce development investment but does not spell it out. The board voted, 2-1, on Wednesday to approve the title.

There is still an opportunity for appeal. A group representing workers’ compensation attorneys had raised a challenge at the March 4 meeting.

The board also reviewed a series of ballot measures that would allow a temporary redrawing of Colorado’s eight congressional districts, which would take effect with the 2028 election.

One ballot measure was submitted by Advance Colorado as a counter to the other measures submitted by Coloradans for a Level Playing Field and backed by the Washington, D.C.-based House Majority PAC, which supports Democratic candidates for Congress.

The redistricting effort from Coloradans for a Level Playing Field is the latest entry in the national fight over congressional maps.

Backers said their campaign is intended to fight back against efforts to redraw congressional boundaries that would favor Republicans in Missouri, North Carolina, Ohio, and Texas, with Florida also working on redrawing its boundaries to favor the GOP.

The map proposed by Coloradans for a Level Playing Field would shift boundaries to favor Democrats in the 3rd, 5th and 8th congressional districts, all currently held by Republicans.

The initiative from Advance Colorado would add criteria on competitiveness and prohibit maps from being drawn to benefit one political party, Michael Fields of Advance Colorado told Colorado Politics last month.

“We think if voters were asked to pick between a hyper-partisan map and an independent map, they would choose the independent one,” he said.

Attorney Mario Nicolais, a member of the independent redistricting commission that drew the 2021 map, raised several objections to the Advance Colorado measure. His biggest issue was that it “smuggles” into election law a new phrase: “favors one political party.”

That will have to be defined, will confuse voters and is subjective, he said, warning that such a phrase would trigger massive litigation and that it could not be clarified by the title board.

Advance Colorado responded that it doesn’t matter what term is used — it will always be hotly contested and litigated.

The title board approved the Advance Colorado ballot measure unanimously.

While the ballot measures proposed by Coloradans for a Level Playing Field all received approval from the Title Board, attorney Martha Tierney, who represents the group, said it would likely run only two of them.

The group’s No. 241 would repeal and replace the independent redistricting commission in the state constitution, while No. 242 contains the map proposed for the 2028 and 2030 elections.

The title board voted to require No. 241 to pass with a simple majority, rather than the 55% currently required in the constitution for voter approval of constitutional measures.

All measures approved by the title board on Wednesday are subject to appeal, and those appeals would likely be heard at the board’s next meeting on April 1.


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