Douglas County Could Become Colorado's Third Home Rule County

On Tuesday, June 24, voters in Douglas County will vote in a special election on whether to form a Home Rule Charter Commission while also electing 21 people to serve on that commission. If voters approve, the new commission will be charged with authoring a home rule charter for the county, and another vote will be held on whether to implement that home rule charter in November.

The June 24 special election is expected to cost up to a half-million dollars, but whether Douglas County needs its own home rule charter and why this special election is taking place at all have been contentious topics in this corner of the Denver exurbs that stretches from Highlands Ranch to south of Larkspur and has the highest median household income of any county in the state.

Colorado already has two home rule counties, Pitkin and Weld, and two home rule city-counties, Denver and Broomfield. The term "home rule" primarily applies to taxation and land-use issues, along with public works, parks, cemeteries, and the salary and term limits of elected officials, and home rule counties are only exempt from a state law if a statute specifically says it's exempt for home rule counties.

The home rule proposal ignited controversy almost immediately after being introduced by DougCo's three Republican county commissioners, Abe Laydon, George Teal and Kevin Van Winkle, on March 25.

Former Republican county commissioner Lora Thomas, still a DougCo resident, calls the move a power grab and insists the process has been opaque and rushed. Thomas and Democratic State Representative Bob Marshall, who represents DougCo, tried to stop the special election by asking a judge for a preliminary injunction and alleging the county commissioners violated open meetings laws — but a Douglas County Court judge denied their request on May 20.

Laydon, Teal and Van Winkle promise citizens that operating under a home rule charter will give the county heretofore unclaimed powers to resist state policies and laws they find distasteful.

"This is all about local control," Laydon told residents at a May 28 town hall meeting about the home rule election. "Are we okay with how the state handled the COVID pandemic? And are we okay with how the state has enabled illegal immigration?"

You may remember that back in 2020, Douglas County split from the Tri-County Health Department over a mask mandate during the COVID pandemic. Long considered a conservative stronghold, DougCo is now a place where book banning in libraries is still debated. In both of the past two presidential elections, DougCo voters chose Donald Trump over Joe Biden and Kamala Harris, 52 percent to 45 percent.
But even a Republican county commission faces an uphill climb with this home rule proposal. More than 50 percent of voters in the county are unaffiliated with a party, according to the Colorado Secretary of State's Office, and the May 28 town hall did little to assuage concerned voters who believe the commissioners are rushing the home rule process.

"You're trying to sell this to us," one resident charged during the meeting, where only seven attendees were able to speak.

A poll of 3,617 DougCo voters conducted by Hill Research Associates in April and May, after the home rule charter commission proposal was introduced, showed that 54 percent of people opposed the idea, with only 44 percent in favor.

Proponents of the home rule initiative include all three commissioners as well as Douglas County Sheriff Darren Weekly, treasurer Dave Gill and assessor Toby Damisch. All of them are also running for seats on the home rule charter commission, which will draft the charter document that would go to voters in November if the commission is approved.

Despite their fervor for a home rule county, advocates aren't pitching specifics. The mailer that went out in early June to voters in DougCo reads: "Home Rule allows a county to adopt its own charter, granting greater local control and flexibility to address community-specific needs. This contrasts with statutory counties, which must adhere strictly to state-imposed limitations. In Colorado, Home Rule counties can exercise authority over 47 topics, including taxation, debt limits, land use, open space management and more."

However, Colorado law states that none of a home rule county's powers can supersede state statutes, Thomas points out. To be exempt from a legislative requirement, the state law must specifically exempt home rule counties. A home rule county doesn't just get to pick and choose which state laws it follows.
"[Teal] is lying when he says state laws wouldn't apply," she says.

That isn't stopping supporters from using phrases like "autonomy," though. The Yes on Local Control Committee, which supports the home rule effort, has the following language on DougCo's "Pros and Cons" webpage:

"One key advantage of Home Rule is its ability to shield Douglas County from government overreach, allowing local leaders to craft policies that reflect the specific needs and value of the community. This autonomy creates greater standing for the county to challenge extreme policies from Denver, paving the way for lower taxes and less bureaucratic red tape," it reads.

Douglas County commissioners haven't pitched specifics related to their home rule endeavor, either. The perceived lack of transparency and public input — no public meetings were held prior to the commissioners' vote in March to hold a special election in June instead of waiting until the regularly scheduled November election — has made some voters in DougCo suspicious.

A group called Stop the DougCo Power Grab sums up opposition to the charter commission vote this way:

Home Rule is like a local constitution. It lets counties rewrite their government structure, but everything depends on who writes it, why they're doing it, how fast it's done, and whether the public has a voice.

Who: County commissioners

Why: We can only guess

Fast: The charter, if this passes, will be created in under 56 days vs the 240 that statute allows

Public Voice: Did you ask for this? Did anyone you know?

Marshall, a rare elected Democrat in Douglas County, isn't appalled by the idea of a home rule charter, but takes issue with "how they are doing it here." He laid out his concerns with the home rule charter commission on his X account in May:

"I'm actually agnostic on HR as a general concept. Could be good/could be bad. But how they are doing it here is bad. Very very bad. The things they are saying they can do under HR to goad conservatives to vote for it are false. Weld is HR. Far more conservative than DougCo. If they could defy state laws like DougCo is claiming, don't think they would do it? Or Boulder would have gone to HR 25 years ago when CO was blood red and they didn't want to follow state laws? This is an attempt by personal interests (Teal/Laydon are gone in a couple years due to term limits) to work for special interests (RWR, Developers), who want to continue having 2 people controlling county government for their own self-interests. It is not being done for the greater good of the county. Even a conservative county. (Perpetual lawsuits with the state, which they will lose, is not a good idea even if they are serious about that)."

Despite opposing the home rule charter vote, Thomas and Marshall are among nearly fifty other candidates on the ballot for the 21 proposed commissioner seats.

Thomas is campaigning against new powers the charter commission would wield, such as term limits and compensation for elected officials.

"I thought I would just retire and enjoy my life," says Thomas, who resigned from the board of commissioners in December. "But nobody's more equipped [for this fight] than me. This home rule stuff is ridiculous."