Colorado House leaders threaten to break deals amid Republican filibustering

Published by Colorado Politics on April 12, 2023.

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There are 347 bills awaiting action in the Colorado legislature with less than a month left in the session. But this week, work slowed down in the House. 

House Republicans deliberately stretched debate on the floor Monday, Tuesday and Wednesday, speaking at length on all bills, most of them noncontroversial measures and some backed by their own caucus. On Monday, floor work lasted until after 11 p.m., and lawmakers only took action on 15 of the 27 bills on the day's second reading agenda. 

House Speaker Julie McCluskie, D-Dillon, criticized the Republican filibustering during a press conference Wednesday, accusing them of bad governance. 

"I am deeply disappointed with how our colleagues are attempting just to delay," McCluskie said. "That is not what Coloradans hired us to do. They hired us to tackle specific challenges they’re facing, to help see their hopes and dreams realized through efforts that we here at the legislature carry. So, I am deeply disappointed with how the minority is responding to this last month of session."

This comes on the heels of a fragile deal brokered between the parties last week. After Republicans threatened to read the 622-page state budget bill at length during the debate, Democrats threatened to make lawmakers work over Easter weekend. 

In the end, Republicans agreed to no longer request for bills to be read at length, so long as Democrats agreed they would not have to work on Sundays. 

McCluskie said it appears Republicans are "dancing around those negotiations right now." 

Minority Leader Mike Lynch, R-Wellington, defended his caucus, saying they have not violated the agreement as they never agreed not to debate. Lynch said Republicans have not asked for any bills to be read at length, as requested, instead choosing to read aloud articles, committee testimonies or short portions of bills on the floor. 

Lynch also rejected the idea that Republicans are simply delaying work, arguing that they are ensuring each bill gets "the time that they deserve."

“Things are being jammed through here so fast. We need to make sure that they’re not hurried through," Lynch said. "People with absolute power forget about the process. We have this process for a purpose, and that is to make sure that we’re vetting these things to the highest level and we don’t think that’s happening."

Lynch blamed the majority party for concerns about not having enough time to get to the 347 bills awaiting action, saying Democrats spent too much time on the gun control and abortion access bills in the last few weeks. 

“The fact that they’re not able to get this stuff put through does not put an obligation on us to help speed it up," Lynch said. "The fact that we’re just now dealing with these bills is not our problem, and the fact that we’re here late is not our problem. We don’t control the calendar.”

While extending debate on bills is a common tactic used by the minority party near the end of session, the Republicans' actions this year come earlier than previous sessions. It also adds to the already mounting tensions between the parties, as previous Republican filibusters were shut down by Democrats repeatedly invoking the previously little-used House Rule 14 to limit debate. 

In addition, the legislature is behind schedule this year. Lawmakers have acted on 41 fewer bills compared to this time in 2022, 106 fewer than 2021, 205 fewer than 2020 and nine fewer than 2019. Of the 347 bills currently awaiting action, 207 are in the House. 

Despite this, McCluskie said she is confident the House will get back on track to accomplish their work before session ends on May 8. 

McCluskie said she will negotiate with Republicans and the legislature will work late evenings and possibly even weekends if needed. She also said they will "continue to review House rules" to make sure they're serving the Democratic process. 

“I certainly am committed to honoring the negotiations we had with the minority ... we’ll see what happens," McCluskie said. "I am ultimately committed to making sure all voices are heard, but I am also committed to making sure we get our work done. So, we will press on to make that happen.” 

Lynch said he does not expect Republicans to pick up the pace on debate. He said they would consider breaking the agreement with Democrats, questioning if it "makes more sense to read bills at length or for us to work on Sunday.”

Lynch said his caucus wants Democratic leadership to prioritize bills that are "best for all of Colorado," pointing to Senate Bill 109 to make distributing drugs a level 1 felony if it results in a user's death, and Republican-sponsored land use measures. 

He also wants to shut down bills, including Gov. Jared Polis' housing proposal Senate Bill 213, the assault weapons ban House Bill 1230, and various proposals restricting the actions of landlords.

“The majority’s going to have to make some decisions about what bills they want to get through and what bills they don’t. We’re not going to roll over," Lynch said. “It physically cannot be done with the amount of time that’s left right now. You cannot get this number of bills done unless they’re planning on working 20-hour days for the next three weeks, and I don’t think anybody wants to do that. That’s not good governance, either.”