The American Civil Liberties Union sent letters to 12 Colorado governments Wednesday, demanding they stop barring people with felony convictions from running for public office.

This warning comes after the ACLU successfully sued Aurora last year for the city charter’s prohibition of former felons from holding elected office. An Arapahoe County judge permanently blocked Aurora from enforcing the ban against 2021 City Council candidate Candice Bailey, who pleaded guilty to a class 4 felony assault in 1999 when she was 22 years old.

The Aurora City Council also voted to add a note to the city charter and municipal code, stating that only the felony convictions outlined in the Colorado Constitution will be disqualifying going forward: embezzlement of public moneys, bribery, perjury, solicitation of bribery and subornation of perjury.

“The court’s decision sends a powerful message that formerly incarcerated people are not second-class Coloradans — that they belong on ballots for public office,” said Annie Kurtz, ACLU of Colorado’s staff attorney. “These laws exemplify the collateral consequences that attach to a criminal conviction, with disproportionate harm to individuals and communities of color.”

The ACLU demanded that the following counties, cities and towns take affirmative steps to ensure candidates are not prevented from running for office because of felony convictions: Arvada, Brighton, Evans, Federal Heights, Fort Collins, Greeley, Johnstown, Lone Tree, Montrose, Pueblo, Weld County and Windsor.

Representatives for those jurisdictions were either not immediately available for comment, or said they were still reviewing the letters. 

The ACLU argues that barring former felons from running for office violates the Colorado Constitution because former felons regain rights of citizenship after completing their sentences and the right to run for office is defined as “fundamental” by the Colorado Supreme Court. The Colorado Constitution only revokes a person’s right to run for office if they are convicted of the five crimes that relate to violating public trust, as listed in Aurora’s edited charter. 

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The ACLU said the 12 local governments it sent letters to have restrictions in their charters that ban people from public office for felony convictions outside of the state’s specific exemptions, with most of the bans being permanent.

“Ultimately, the decision whether a prior felony conviction has any bearing on a candidate’s fitness for office is properly left to the voters,” the ACLU said in a statement.

The ACLU asked each government to respond to their demand within two weeks.

According to the Colorado Municipal League, there are 28 municipalities whose charters disqualify those with felony convictions from holding local office. Some disqualify former felons from holding office for a set number of years following their convictions. Others mirror the language of the state constitution, prohibiting people from holding public office if they have been convicted of perjury, bribery or embezzlement of public money. 

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