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Colorado GOP will pick Lebsock’s replacement

The Democrats may challenge this in court.
KUSA-TV

Colorado Republicans announced Friday morning that they will pick the replacement to fill disgraced Rep. Steve Lebsock’s seat following his expulsion from the state House of Representatives, saying that “it would be dereliction of duty to punt the appointment to Governor John Hickenlooper" and that they're doing it because of what they're calling a "cover up" by Democrats.

Lebsock, who was a Democrat, covertly switched parties an hour before his expulsion last Friday. Five women filed formal sexual harassment complaints against Lebsock, with allegations ranging from him propositioning them for sex to unbuttoning the top button of a woman’s blouse.

An outside investigator spent three months investigating those claims and determined that in all 11 situations it was “more likely than not” that the events happened as the women described them.

Lebsock was expelled by a 52-9 vote – well above the 44 votes needed to expel a member of the House from office.

"The reason we're filling the chair is because we can fill the chair, and we feel like we owe it to the voting population of House District 34 to show them a different flavor of leadership," said Colorado GOP Chairman Jeff Hays.

The Colorado Republican Committee has not announced when the Republican Central Committee of House District 34 will meet to fill Lebsock’s vacancy, but they said it could be later this month.

Article V, Section 2 of the Colorado Constitution states in part:

"Any vacancy occurring in either house by death, resignation, or otherwise shall be filled in the manner prescribed by law. The person appointed to fill the vacancy shall be a member of the same political party, if any, as the person whose termination of membership in the general assembly created the vacancy."

When you go to Colorado Revised Statute 1-12-203, it gets a little fuzzier:

"In the event of a vacancy in the general assembly caused by the death or resignation of a member who has been sworn into office, caused by the death or resignation of a member who has been elected to a seat but who has not yet been sworn into office, or caused by a person not taking the oath of office as provided in paragraph (b) of subsection (3) of this section, the vacancy shall be filled by the appropriate vacancy committee, if any, as provided in section 1-3-103(1)(d), of the same political party and of the same representative or senatorial district represented by the former member whose seat is vacant."

State Statute references death and resignation, but doesn't specifically state "expulsion."

"We brought in our attorney and legal minds to really look at this thing because we didn't want to go too far down the road if it was something we could not execute," said Hays. "Because he was a Republican at the time of expulsion, and there's no mention of how long he had to be a Republican, but he was a Republican, so we do have the authority to appoint."

The Democrats could fight this in court, like they hinted at immediately after it was revealed Lebsock switched parties. In a statement today, the Colorado Democratic Party did not specifically say it would not challenge this in court, but you can read between the lines:

"There's no legal doubt that Steve Lebsock was a Republican when he was expelled for sexual harassment," said Colorado Democratic Party Spokesman Eric Walker.

Before he sat down with 9News, Hays issued a statement about their decision to fill Lebsock’s seat that reads in part:

"Statute clearly assigns our vacancy committee the authority and responsibility to fill this seat. After careful consideration, we concluded it would be dereliction of duty to punt the appointment to Governor John Hickenlooper. We owe it to the people of House District 34 to give them the experience of ethical representation, which the Democrats, when they controlled the seat, signally failed to provide."

We asked Hays why not just let the Governor or Democrats pick the replacement since Lebsock was elected as a Democrat and served as one until right before he was kicked out.

"There was some thought that we could be more magnanimous, but we felt like we really owed it to the people of House District 34 to give them an alternative," said Hays. "My personal opinion, I thought it was a little bit phony."

"What if the situation were flipped? Would you want the Democrats to fill the seat that was held by a Republican the entire time," asked 9News reporter Marshall Zelinger.

"I think it's fair game," said Hays.

The Democrats fired back with a statement Party Chair Morgan Carroll:

"Democrats took action to expel Steve Lebsock because it was the right thing to do, regardless of the political consequences. Lebsock has now found his natural home in a political party that protects sexual predators instead of holding them accountable.The fact that Republicans have done nothing to hold disgraced GOP Senators Randy Baumgardner, Jack Tate, and Larry Crowder accountable for their actions sends the clearest possible message to voters in House District 34 and across the state."

Carroll added that "this seat belongs to voters," who will have a say in November.

"It's going to be a tough district to win in November for sure. The voter demographics, the registration advantage that the Democrats have, but again, we feel like we've got an opportunity to show who we are," said Hays.

As of February, there are 15,660 active unaffiliated voters in Thornton's House District 34. There are 13,716 Democrats and 9,499 Republicans.

In 2016, Lebsock beat Republican opponent Dustin Johnson, 50 percent to 43 percent.

In his statement this morning, Hays talked about the sexual harassment claims against Lebsock that were known before his 2016 re-election.

"It’s important to remember that Democratic leadership hushed up Rep. Lebsock’s harassment scandal in May 2016,” Hays continued. “Without the cover-up, it’s highly unlikely the Democratic nominee, Lebsock, would have won re-election in November 2016. If voters had known what Democratic leadership knew, they would have roundly rejected Lebsock."

State Rep. Faith Winter, D-Westminster, went to House Democratic leadership after she said she was sexually harassed by Lebsock at the end of session party in May 2016. She did not file a formal complaint after feeling comfortable with the mediation. She came forward in November, when she found out other women had claimed Lebsock sexually harassed them too.

"When we talk about the 'cover up,' it's not that Faith Winter's name was not mentioned as being the accuser, it's that there was no mention of anybody accusing," said Hays.

Senate Republicans have two lawmakers who have gone through an investigation that found sexual harassment claims against them happened "more likely than not."

Sen. Randy Baumgardner, R-Hot Sulphur Springs, is going to go through sensitivity training. Any discipline against Sen. Jack Tate, R-Centennial, has not been made public.

Senate Republican leadership has said that the process should be kept confidential, while also saying they believe the independent investigations had inaccuracies and bias.

We asked Hays about calling it a "cover up" when Democratic leadership knew about sexual harassment claims, but said nothing publicly at the request of the accuser, but at the same time having Republican leadership wanting to keep the process confidential.

"I think our Senate side will do the right thing, and I think (Senate President) Kevin Grantham has done the right thing in asking the Denver D.A. to investigate to see, at least if there's any assault or other kind of criminal activity. That's a level of transparency that we certainly haven't seen from the House side," said Hays.

Denver District Attorney Beth McCann responded to Grantham with a letter earlier this week, saying she would investigate if a victim made a report with Denver Police, but that he has the power to discipline members of his own party.

Hays suggested that voters can still recall members of the legislature if they are unhappy with their representation.

Lebsock was the first member of the Colorado House of Representatives to be expelled in 100 years.

After the vote, Colorado Democratic Party spokesman Eric Walker said, “As far as Lebsock goes, the Republicans can have him. As for the seat, we’re looking into it. Either way, we’re confident the district will be represented by a Democrat by the time the next session begins.”

PREVIOUS COVERAGE:

Colorado House votes to expel Rep. Lebsock following sexual misconduct claims

Two lawmakers admit to wearing bulletproof vests out of fear of retaliation

House Republican fails to delay Lebsock expulsion vote

Colorado GOP calls for criminal investigations into sexual harassment

Steve Lebsock: The lawmaker without a caucus

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