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萝莉少女鈥檚 Northern Colorado Center for Investigative Reporting (NCCIR) is dedicated to investigating topics, issues and stories of concern to the people of Northern Colorado. We are an ethical, experienced, audience-focused team of journalists empowered by the First Amendment and driven by a commitment to public service and the pursuit of the truth. NCCIR is nonprofit and nonpartisan. We produce fact-based and fact-checked journalism that is accessible and valuable to the communities we serve.

Colorado Democrats are eliminating secrecy from a survey they use to help decide the fate of bills

The exterior of the gray state Capitol building with clear blue sky above.
Scott Franz
/
萝莉少女
The exterior of the state Capitol building on a winter day in 2020. Colorado Democrats announced Tuesday, April 2, 2024, that they will publicize how lawmakers vote in a survey to prioritize bills requiring state funding.

Democratic state lawmakers announced Tuesday they鈥檙e taking the secrecy out of a survey they previously filled out anonymously to help decide which bills should live or die.

Under the new system, Democrats who participate will still go online to select the top bills they think should get a piece of the state鈥檚 budget. But once the survey closes, the results will be publicized and lawmakers鈥 individual preferences will be revealed.

The change to make all parts of the survey public comes months after a judge ordered lawmakers to stop using their previous secret ballot system to prioritize legislation because it violated Colorado鈥檚 open meetings law.

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Judge David H. Goldberg wrote in his ruling that by using secret ballots, 鈥渢he public was thus deprived of the ability to know how their elected representatives voted to prioritize pending legislation, hampering their ability to hold their representatives accountable for how they cast their votes.鈥

A 萝莉少女 News investigation also revealed that former state Sen. Kerry Donovan, D-Vail, blamed the secret ballot system for the death of a bill she ran in 2022 in the wake of the Marshall Fire to improve wildfire investigations.

Because of the January court ruling against the secret ballot system, the public will soon be able to see which bills individual lawmakers choose to support after they fill out the survey.

鈥淓verything in this process is going to be completely open and transparent, and there will be a record in this case, unlike previously,鈥 Senate President Steve Fenberg, D-Boulder, told reporters at the Capitol on Tuesday.

Democrats will be invited to fill out the survey online using a Google form starting Friday, and the results will be published April 9.

The results will help leaders of the House and Senate appropriations committees decide how to prioritize an estimated 320 bills competing against each other for a piece of the $25 million available for new legislation in next year's budget.

Fenberg said he had not talked to Republican leaders about the new bill prioritization survey process. Only Democrats who control the legislature have been regularly using the secret ballot system since 2019.

The conservative Public Trust Institute and a Douglas County resident, David Fornof, sued the legislature last summer over the secret ballots, alleging they 鈥渄enied the public the right to hold individual legislators accountable for the way they prioritize legislation.鈥

Transparency advocates also called on lawmakers to stop using the secret survey, which lawmakers call "quadratic voting."

Jeff Roberts, the director of the Colorado Freedom of Information Coalition, said rendering survey results accessible to all will make it easier for the public to understand why some bills die at the end of the session without a public vote.

Taking secrecy out the survey is good for transparency, he said鈥攁nd for the public.

鈥淭hey want to know how their legislators feel about certain legislation,鈥 Roberts said.

Scott Franz is an Investigative Reporter with 萝莉少女.
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