Bird Resignation Rekindles Debate Over Unelected Lawmakers

By Sherrie Peif | Complete Colorado

DENVER – Despite new laws governing vacancies in the Colorado legislature, Democrat statehouse member Shannon Bird has still found a workaround that throws a wrench into her constituents’ ability to choose their representative at the ballot box.

Bird announced earlier this month she would be stepping down from her seat in House District 29 on Jan. 5 to focus on her bid for the US Congressional District 8 seat, currently held by Republican Gabe Evans.

Bird’s unique timing for vacating HD 29, which includes parts of Adams and Jefferson counties, takes advantage of a quirk in the law allowing for her replacement to serve possibly an entire extra year more than state statute sets forth for House members.

The meaning of ‘half’

State representatives are allowed to serve up to four consecutive two-year terms, or eight years total. However, Article V, Section 3, Subsection 2 of the Colorado Constitution defines a term even further as: “Any person appointed or elected to fill a vacancy in the general assembly and who serves at least one-half of a term of office shall be considered to have served a term in that office for purposes of this subsection.”

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