A warning about this post: I use anonymous sources so take it through that filter.   However, everything posted was told to me independently by more than one source, or I was able to verify another way. 

Bill Jackson, Ag reporter for the Greeley Tribune, said it best when he wrapped up his article about Ag producers who face economic ruin following the collapse of New Frontier Bank.  Jackson wrote, “it could get real ugly.” 

Most businesses that had a loan with NFB have been told to find a new lender or face their loan being packaged and sold to an out of state bank for pennies on the dollar.  According to a phone conversation between one business owner and the FDIC,  loans are “going to be sold to an outside lender.  It’s not going to be anything here in town or maybe even in the state.   You’re never going to be able to actually talk to anybody to get anything done in person.  It will always be over the phone.”

And even one day late on a payment could constitute a violation of the terms of the loan, which allows the out-of-state bank to call in the loan.  The FDIC representative warned, “it’s in your best interest to get the loan refinanced before it’s sold.”

There are a several problems with this suggestion. First, there is no capital.  Second, the FDIC has made it harder for banks to loan by raising the required capitalization levels. Three, many of these loans are underwater as it is so they don’t qualify even if the capital is available.   And four, banks have no incentive to loan when they know that in a few short weeks they can buy the notes at auction for pennies on the dollar. I’ve heard from some former NFB customers that have been to dozens of lenders with no success.

Couple the financial mess with low commodity prices and hundreds of wells shut down two years ago, and we face a grave future. Agriculture is a $1.5 billion business in Weld County, making it 8th in the nation in agricultural product sales and the only county in the top ten outside of California.  This important industry is in trouble.  According to Jackson,

Many veteran agribusiness people are predicting the fallout from New Frontier’s closure will be worse than when the Greeley packing plant of Monfort was shut down for two years in the early 1980s, and the financial woes farmers faced in the mid-1980s with double-digit interest rates and commodity prices at the bottom of the barrel.

On my show last week, Carrie Linker, executive director of the Morgan County Executive Development Corporation, voiced another frightening possibility about what could happen if farmers, ranchers and dairies go bankrupt.  Banks foreclose and sell to anyone who will buy.  Buyers may include municipalities that only want the land for the water rights that go with it.  Front range cities could buy the water and allow the once fertile farm land to dry up in order to satisfy thirsty populations.

Ag isn’t the only troubled industry since the closure of NFB.  According to reliable sources, commercial real estate is about to see the bottom drop.  Source predictions include:

• double digit unemployment
• up to $1 billion of commercial real estate flooding an already saturated market as owners try to avoid foreclosure and banks try to get what they can for properties that are upside down.
• additional bank closures possible

A land developer told me that the impending implosion of the commercial real estate market will make the recent devaluation in the residential market look like a “day at Disneyland.”

It’s clear that the FDIC doesn’t know how to handle the situation.  They don’t have enough people on the ground in Greeley to make decisions.  I called the FDIC last week and have yet to receive a call back.  According to former NFB customers, that seems to be the pattern with federal agency.

To paraphrase Jackson, the picture isn’t pretty.  A longtime resident who is close to the situation described No CO’s economic future: “Think of the New Frontier closure as an earthquake that caused a tsunami that is currently out at sea.  The forecast is we are about to get slammed and all we can do is prepare.  Sadly some people are still walking on the beach oblivious to the danger.”

Jackson is right, it could get ugly, real ugly.

I’ve given birth, broken bones, had major surgery and now I can add this to my list of physically challenging accomplishments: I completed Anthony Navarro’s tactical pistol class at Colorado Shooting Sports in Northern Colorado.  (Full disclosure: Anthony is one of my show sponsors)

The class is scheduled for 8 hours but went closer to 10 1/2 and was chicks only– eight including my 17-year-old daughter Ann.  Using 9 mm Glocks, we learned to shoot, reload and clear jammed weapons when moving, lying in the fetal position, lying down and with multiple targets.  We practiced to fire when attacked from behind, from the side or when bad guys are very close.  We loaded all of our magazine ourselves which led to swollen hands and blistered and sore thumbs.  Most of use got at least one finger caught in the chamber or some other part of the Glock.  At least half of us wound up with bloody hands, me included.

By the end we were hot, thirsty, exhausted and sore but incredibly proud of what we accomplished.  Anthony lectured most of the morning about the legalities of carrying a weapon and defending yourself.  After lunch we went to the shooting range.  I was a bit skeptical of having women with little or no gun experience wielding a loaded weapon right next to me and my daughter.  By the end of the day, I had complete confidence in myself and my fellow classmates.  Caught in a situation where any of them needed to defend themselves, I’d put money on any one of these ladies that she would come through while the bad guy would find himself six feet under.  I was so proud to be a part of this class with these women!

When Anthony teaches he isn’t fooling around and doesn’t plan on building a student’s self esteem with constant praise.   If you do something wrong, he tells you in no uncertain terms.  If you do something right, he tells you that as well.   Anthony is very clear that he has to go home at night with the knowledge that his students could be attacked and must draw on what they have learned.  Therefore, he doesn’t worry about hurting someone’s feelings or egos.  He is right.  I think I speak for most of the women when I say we all left incredibly proud of having completed such a challenging class.  Too bad the public education system doesn’t subscribe to the same philosophy.

All of us were there for different reasons — practice, need for self defense, sounded like fun — but whatever the reason, we all left with an incredible feeling of accomplishment and confidence in our abilities.  I’m looking forward to the tactical shot gun class and free follow up training .

Completing the class is just one of the requirements for getting a concealed weapons permit in Colorado.  I can now carry my firearm with confidence.  We are proof that girls just want to have guns!

The legislation has passed.  All that’s left is the ceremonial signature from Governor Bill Ritter with all the concerned parties in attendance.  I’m told it is common courtesy to invite the primary bill sponsor to a cermonial signing unless, of course, you are the incredibly effective freshman legislator from Loveland named BJ Nikkel. 

If you have listened to my show you know that I am a huge fan of State Rep BJ Nikkel.  Without her, there is no Colorado Taxpayer Transparency Act.  She embodies what voters want from their elected officials.  She works tirelessly on behalf of her constiuents.   Rep Nikkel’s problem is that she is a Republican and a thorn in the side of Colorado’s weak Governor.

Ritter’s office paid her back by not inviting her to the signing ceremony for her bill (HB 1290) concerning tuition assistance for members of the Colorado National Guard.  In fact, they didn’t even let her know when it was.  Ritter signed the legislation, along with several others, in El Paso County on Monday, May 11.  Others legislators — mostly Democrats and Don Marostica — got the invitation.  According to a press release Ritter praised Democrat legislators:

‘Reps. Apuan and Merrifield and Sen. Morse played a key role in leading Colorado forward during the 2009 legislative session….These three lawmakers worked hard on all of those issues for their El Paso County constituents. All of Colorado also will benefit from the bills I am signing into law here in Colorado Springs today, including measures to increase bicycle safety, help National Guard members go to college, improve civil rights and assist local schools.’

While Ritter praised the “hard work” of legislators including Rep Dennis Apuan, who was a co-sponsor of Nikkel’s legislation, sources tell me that Apuan did nothing to promote the National Guard tuition assistance legislation.  Nikkel did all the heavy lifting.  In fact, a source told me that Nikkel was forced to put Apuan on the bill so that she could get her fifth bill for this session.  Each legislator is allowed five bill titles.  But because Nikkel was appointed to the vacany in HD 49 after Kevin Lundberg moved to the Senate,  House leadership was only going to allow her four bills unless….she included Apuan on HB 1290. 

Why is it important to have Apuan as a co-sponsor on legislation for the National Guard? Good question.  Apparently, Apuan, whose district includes Fort Carson, has a history of protesting the military, and Democrats want to soften his anti-military reputation.  Representative Mark Waller (R-Colorado Springs), a former military member, told Face the State in March:

Essentially the Democrats have Rep. Apuan carrying a lot of military bills, and I believe it is for political reasons…The Democrats are trying to bolster his credentials with the military. If Rep. Apuan wants to use the military for political gain, then he needs to be called on his record.

Ritter has yet to sign Nikkel’s Colorado Taxpayer Transparency Act, which passed at the end of the session.  I called her to find out when he intends to do so.  The legislator known among her colleague as “Miss Transparency” has no idea.  Not that she hasn’t asked.  The Governor’s office won’t tell her.  So much for transparency from the Executive Branch.  They even keep bill signings secret.

Now that’s funny.  I just wish it weren’t so darn serious!  Check out Face the State’s 2009 Legislative Superlatives.  The most misguided legislator — State Rep Andy Kerr — won the honor of “most likely to get a Che tattoo” for his work on behalf of National Popular Vote, a.k.a. the Koza Scheme, and his insistance that the United States is a democracy.  Most frightening is that Kerr teaches “Social Studies.” Maybe he should learn history first.

I’m sure Rep Kerr is a nice guy but his lack of basic knowledge of American civics somehow should disqualify him from holding elected office.  Fortunately for Coloradans, Kerr’s disastrous legislation to destroy the Electoral College was killed in the Senate. 

Apparently a lot of you called the Capitol and gave him and his Democrat colleagues the business.  According to FTS, “His [Kerr's] sponsorship of the National Popular Vote bill this session sure upset a lot of people. And we mean a lot of people.”

Finally, check out who is just to the right of Kerr on the FTS Superlatives page.  Coincidence that one of Kerr’s biggest critics is next to him under the title of “Hottest Radio Host?” I hope not.

“I don’t need a bailout. What I do need is a bank,” said Gary Teague a northern Colorado farmer.  According to the Denver Post, Teague ”runs a $50 million business that employs 155 people, and the Federal Deposit Insurance Corp. has given him 30 days to renegotiate his loans, or they will be liquidated.”

Teague made his “tearful” statement during a community forum with Secretary of Agriculture Tom Vilsack, Congresswoman Betsy Markey and Senators Michael Bennet and Mark Udall.  The meeting at the Morgan County Fairgrounds drew 300 “angry farmers and ranchers [who] demanded help from the federal government” after the collapse of New Frontier Bank.

On Saturday, Colorado’s congressional delegation announced that Vilsack freed up $253 million in federal funding to be used for operating loans for farmers and ranchers in search of banks to extend them new lines of credit.  It’s up to banks to pick up the money and extend the loans. 

While the $253 million is welcome news, it is well short of the nearly $448 million in outstanding agricultural loans that New Frontier had when it closed on Friday.  Despite claims from farmers and ranchers that they are current on loans, sources tell me some bankers simply are hesitant to lend.  Agriculture is a risky business.  The Denver Post confirmed it: “Several area farm leaders said banks in northern Colorado view many of the New Frontier loans as distressed and will not take them on.”

The ripple effect of this will be profound.  If the eighth largest agricultural county in the United States goes belly-up, not only will Weld County be hurt but also the entire state of Colorado.  Summed up by one attendee, “‘Many of the people in this room buy from each other, whether it’s grain or alfalfa. You can’t believe the carnage that will happen’  if the farmers don’t receive more help.”

Couple that with a possible decline in oil and gas revenue — our economic outlook is worrrisome.

Congresswoman Markey’s office just sent me the following information regarding her efforts to help Weld County’s agricultural community:

• Congresswoman Markey spoke Wednesday with the head of the Federal Deposit Insurance Corporation (FDIC), and was assured that the FDIC is committed to working with borrowers to secure new loans with other lenders. The Congresswoman is committed to making sure that they do.       
• There has been some confusion surrounding what happens to people’s bank accounts and loans tomorrow, Friday, May 8th         
• This Friday, if you are a depositor - meaning if you have a checking or savings account - on Friday your account will be transferred to Bank of the West - every penny of it.        
• You can transfer your money elsewhere, but if you take no action, your money will transfer to Bank of the West. However, Bank of the West is not going to commit to new LOANS.      
• The FDIC has confirmed that they will remain on the ground in Colorado to work with borrowers to assist them in securing new loans for the foreseeable future. (approx. 6 - 9 months)      
• Congresswoman Markey will continue to pressure USDA to shift agency funds from its guaranteed loan program to its direct operating loan program, which has exhausted all of its funds.      
• Transferring those funds would ensure both programs are available to qualified farmers who need the funds for spring plantings, farmhands and cow feed.       
• This situation is deadly serious, and could have far-reaching ramifications across the state.          
• Congresswoman Markey is committed to doing everything in her power to ensure that credit remains available for farmers, families and businesses in Northern Colorado.

Will a lack of congressional experience hurt agriculture in Northern Colorado? 

With an annual market value of $1.54 billion, Weld County is the nation’s eighth largest agricultural county in the United States.  Much of the county’s agriculture was financed through New Frontier Bank lines of credit extended in the spring to farmers and ranchers who then repaid them once harvest is complete or livestock is sold.

After being taken over by the FDIC last month, New Frontier Bank will close it’s doors on Friday.  Along with the closing goes hundreds of millions of dollars in lines of credit for Northern Colorado farmers, ranchers and other small businesses.  A recent Denver Post article explained that NFB’s closing will have a “severe” effect on the local economy but that “the impact on the agricultural community could be profound.”  One third of Colorado’s dairy farms relied upon financing from NFB.

I’m not going to rehash what happened at NFB.  Read the Denver Post article cited above for more information on what led to the nation’s largest bank failure.  My concern is what will happen to agriculture in the nation’s eighth largest agricultural county and one of the leading industries in Weld County.

Last Tuesday, Senators Mark Udall and Michael Bennet, along with 4th CD Congresswoman Betsy Markey, sent a letter to Secretary of Agriculture Tom Vilsack  asking him ”to shift funds from the agency’s guaranteed loan coffers to a program that would let the government bypass banks and make direct loans to farmers.”   According to the Denver Post, the money could “steer millions of dollars in new credit resources to the financially battered Weld County area, where farmers are in limbo after the collapse of New Frontier Bank.”

Our congressional delegation is to be commended for sending a letter asking for help.  Problem is that we are nine days from that letter and the Fort Collins Coloradoan reports that Secretary Vilsack has not responded to Senator Bennet who sits on the Senate Agriculture committee. 

I spoke with Bennet’s office on Tuesday of this week.  Seven days after the letter was sent, there still had been no follow-up, face-to-face meeting between Vilsack and Bennet.  The two men had not spoken although I was told that senior staff from both offices were in constant contact.  

I’ve also been in contact with Congresswoman Markey’s office.  As of late yesterday Markey’s office had not received a response from Vilsack. Farmers don’t have time to wait.  Planting season is here.  

Our congressional delegation needs to demonstrate that they can play hardball.  On my show yesterday, Weld County Commissioner Sean Conway (former chief of staff for Senator Wayne Allard) said that Bennet needs to demand a meeting with Vilsack and press him to make lines of credit available for area agricultural producers.  As a member of the Ag committee Bennet has the power to hold up key confirmations  if Vilsack doesn’t respond.  Conway said that is how Senators get things accomplished in Washington. 

Letters are nice.  They get some press and make it seem as if elected officials are actually doing something.  But without personal follow-up from Bennet to Vilsack, the wheels of government may grind too slowly to help agriculture in Weld County.  Conway also has been in contact with Colorado’s congressional delegation over the closure of NFB.

It appears that our congressional delegation suffers not from lack of trying but from lack of experience.  Neither Bennet, nor Udall nor Markey have any agricultural experience.   Nor do I for that matter but I do understand that we are out of time, and I didn’t promise to represent Weld County in Washington D.C. Staff for Bennet and Markey seem sincere but this situation is on the verge of becoming a catrostrophe.  (BTW — I give Markey press secretary Ben Marter a lot of credit for quickly returning my emails and phone calls)

Also, they are all freshman in their positions and both Bennet and Markey are brand new to Congress.  Bennet in particular doesn’t seem to know how to use his power as a member of the Senate Ag committee.  And Udall is MIA.  His office has not returned any phone calls.  When I called his  field representative, Greeley resident Pam Shaddock, she referred me to the same person who had not returned any of my previous messages.   He wasn’t on the conference call with Markey and Bennet.  Don’t bother with the USDA and Secretary Vilsack, callers wind up in a black hole of 85,000 employees who have no idea where Weld County is located.

Other banks and the FDIC are trying to fill to the massive void in credit for area farmers according to the Greeley Tribune but it may not be enough.

Our farmers and ranchers are not asking for a bail out.  They simply need the lines of credit that they lost through no fault of their own.  Other area banks are trying to help but don’t have enough capital.  There is no time left.  I hope our congressional delegation can prove they can play with the big boys (and girls).

Not everyone celebrated President Obama’s first 100 days.

After reading part of the this April 25 New York Post article on my show, I received so many requests for it that I had to link to  it on my Web site.

A few of his worst mistakes:

1. “Obama criticized pork barrel spending in the form of ‘earmarks,’ urging changes in the way that Congress adopts the spending proposals. Then he signed a spending bill that contains nearly 9,000 of them, some that members of his own staff shoved in last year when they were still members of Congress. ‘Let there be no doubt, this piece of legislation must mark an end to the old way of doing business, and the beginning of a new era of responsibility and accountability,’ Obama said.” – McClatchy, 3/11

2. “There is no doubt that we’ve been living beyond our means and we’re going to have to make some adjustments.” — Obama during the campaign.

3. This year’s budget deficit: $1.5 trillion.

4. Asks his Cabinet to cut costs in their departments by $100 million — a whopping .0027%!

5. “The White House says the president is unaware of the tea parties.” — ABC News, 4/15

14. Executives at AIG get $165 million in bonuses, despite receiving an $173 billion taxpayer bailout.

15. “For months, the Obama administration and members of Congress have known that insurance giant AIG was getting ready to pay huge bonuses while living off government bailouts. It wasn’t until the money was flowing and news was trickling out to the public that official Washington rose up in anger and vowed to yank the money back.” — Associated Press, 3/18

16. “After pushing Congress for weeks to hurry up and pass the massive $787 billion stimulus bill, President Obama promptly took off for a three-day holiday getaway.” — New York Post, 2/15

18. “The willingness of a small percentage of military personnel to join extremist groups during the 1990s because they were disgruntled, disillusioned or suffering from the psychological effects of war is being replicated today.” — Department of Homeland Security intelligence report

26. “Obama thanked CIA employees for their work and said they’re invaluable to national security. He explained his decision to release the memos, then told everyone not to feel bad because he was now acknowledging potential mistakes. Theirs, not his. ‘That’s how we learn,’ Obama said, as though soothing a room full of fourth-graders.” — The Oklahoman, 4/23

27. By releasing the torture memos, Obama opened American citizens up to international tribunals. A UN lawyer said the US is obliged to prosecute lawyers who drafted the memos or else violate the Geneva Conventions.

28. In their first meeting, British Prime Minister Gordon Brown gave Obama a carved ornamental penholder from the timbers of the anti-slavery ship HMS Gannet. Obama gave him 25 DVDs that don’t work in Europe.

34. Obama’s doom-and-gloom comments and budget bill push the Dow below 7,000, from which it’s only recently recovered

42. After warming signs from Raul Castro, Fidel Castro says Obama “misinterpreted” his brother’s words, and that Cuba would not be willing to negotiate about human rights.

43. Obama is considering dropping a key demand to Iran, allowing it to keep nuclear facilities open during negotiations.

44. In a letter to Dmitri Medvedev, Obama offered to drop plans for a missile shield in Europe in exchange for Russia’s help in resolving the nuclear weapons issue in Iran.

45. Medvedev said he would not “haggle” on Iran and the missile shield.

48. “While the online question portion of the White House town hall was open to any member of the public with an Internet connection, the five fully identified questioners called on randomly by the president in the East Room were anything but a diverse lot. They included: a member of the pro-Obama Service Employees International Union, a member of the Democratic National Committee who campaigned for Obama among Hispanics during the primary; a former Democratic candidate for Virginia state delegate who endorsed Obama last fall in an op-ed in the Fredericksburg Free Lance-Star; and a Virginia businessman who was a donor to Obama’s campaign in 2008.” – Washington Post, 3/27

49. Obama bows to King Abdullah of Saudi Arabia at a G-20 meeting in London.

50. “It wasn’t a bow. He grasped his hand with two hands, and he’s taller than King Abdullah.” – An Obama aide

48. “While the online question portion of the White House town hall was open to any member of the public with an Internet connection, the five fully identified questioners called on randomly by the president in the East Room were anything but a diverse lot. They included: a member of the pro-Obama Service Employees International Union, a member of the Democratic National Committee who campaigned for Obama among Hispanics during the primary; a former Democratic candidate for Virginia state delegate who endorsed Obama last fall in an op-ed in the Fredericksburg Free Lance-Star; and a Virginia businessman who was a donor to Obama’s campaign in 2008.” – Washington Post, 3/27

49. Obama bows to King Abdullah of Saudi Arabia at a G-20 meeting in London.

50. “It wasn’t a bow. He grasped his hand with two hands, and he’s taller than King Abdullah.” – An Obama aide

72. On Earth Day, Obama took two flights on Air Force One and four on Marine One to get to Iowa, burning more than 9,000 gallons of fuel.

73. “President Obama’s plan to require private insurance carriers to reimburse the Department of Veterans Affairs for the treatment of troops injured in service has infuriated veterans groups who say the government is morally obligated to pay for service-related medical care.” – Fox News, 3/17

79. KYLE SMITH ON: GOING AFTER RUSH LIMBAUGH

“Every so often an unfocused athlete forgets about the field of play and climbs into the stands. Ty Cobb did it. Ron Artest did it. Maybe no one did it with more sick flir than the greasy, furious Hanson Brothers who, in ‘Slap Shot,’ climbed into the stands to give a beatdown to a fan.

“In March, Barack Obama sent his own personal Hanson Brothers, Chief of Staff Rahm Emanuel and spokesman Robert Gibbs, out to attack a non-politician — Rush Limbaugh — who was sitting innocently in the stands jeering the action. Limbaugh didn’t even throw a cup of beer…

80. Forced banks that didn’t want TARP money to take it, then added on stipulations about pay and government control after the fact. Secretly forced Bank of America to buy Merrill Lynch, then allowed the bank to be criticized for overpaying

Sadly, there are plenty more.  Good news — we are 100 days closer to the 2012 election.

One of the worst pieces of legislation, HB 1299 designed to destroy the Electoral College, was killed in the Colorado Senate by its sponsor Sen. Chris Romer.  Apparently Romer didn’t have the votes to pass it.  Sometimes good does triumph over evil. 

Senate Minority Leader Josh Penry had this to say, “For those of us who think the founders plan to pick a president is enduringly wise, the defeat of this bill is a major accomplishment.” Penry added, “Attention Democrats: The 2000 election is over.  It’s time to Move-on.org.”     

While this is good news for Colorado, still the Electoral College is under assault in other states and across the country.  National Popular Vote, a.k.a. the Koza Scheme, has passed in Hawaii, Maryland, Illinois, New Jersey and Washington.  Several other states will consider destroying the Electoral College over the next few weeks.

Over the last few weeks, I’ve listed plenty of reasons to defeat the Koza scheme.  If you need more, below is the text of an op-ed I wrote that appeared last week in both the Denver Daily News and the Pueblo Chieftain.

If National Popular Vote wins, we lose

By Amy Oliver

This week the Colorado Senate will debate the relevance of our state in the next presidential election and the legitimacy of our nation as it considers HB 1299.

If passed, our state will join a compact of other states. All nine electoral votes will go the leader of the national popular vote, regardless of the will of Colorado voters. This end run around the Constitution is known as National Popular Vote or Koza scheme, named after multi-millionaire John Koza who concocted the plan to destroy the Electoral College in favor of a national popular vote without a constitutional amendment.

Ever since the 2000 election when Al Gore narrowly won the popular vote but lost the electoral vote to George W. Bush, some Democrats have been on a mission to destroy the Electoral College. It’s important to remember that had Gore been able to win even a single southern or border state–such as his “home” state of Tennessee or Bill Clinton’s home state of Arkansas, he would have been President. George W. Bush won the popular vote in 30 states, therefore giving him the necessary number of electoral votes to win the presidency. Middle America was able to avoid the tyranny of the East and West Coasts.

Inherent in this movement to rid the country of the Electoral College is a misguided notion that the United States is a democracy rather than a republic. Our Founding Fathers recognized the danger of a democracy where 51 percent rules 49, and thus created a republic where the rights of individuals are protected from the whims of the majority. The Electoral College is vital to maintaining our republic. It forces a presidential candidate to garner support that is both broad and deep, not concentrated on the coasts or urban areas.

Previous attempts to destroy the Electoral College in Colorado have been unsuccessful.

In 2004, a handful of Democrats bankrolled by a Brazilian millionaire asked Coloradans to change how the state awards its nine electoral votes. In a vote that wasn’t even close, nearly 66 percent of voters said, “NO!” and rejected proposed Amendment 36.

In 2007, Senator Ken Gordon introduced legislation that would force Colorado to be part of the Koza scheme. It passed the Senate but died in the House.

This year, State Representative Andy Kerr introduced the Koza scheme in the House where it passed on a 34-29 vote. It passed the Senate State, Veterans and Military Affairs Committee along a party line vote and now awaits Second Reading in the full Senate.

Supporters of the Koza scheme are undeterred by arguments that the United States is a republic rather than a democracy and that Colorado will be little more than “fly-over” area during the next election. Perhaps supporters should consider other arguments.

For instance, what about a regional presidential candidate? A candidate could enjoy overwhelming support along the Eastern Seaboard and the Northeast and not even be on the ballot in Colorado. If he is the winner of the national popular vote, Colorado’s electoral votes would go to a candidate on whom Coloradans had no say.

Another problem is that no national standards exist about who can vote. In Vermont, a state considering the Koza scheme, a convicted felon serving time in prison can vote. In Colorado only those convicted felons who have completed their parole may vote. As a result, Colorado may have to award its electoral votes to the candidate that felons serving time in Vermont prisons support but that didn’t win the support of Colorado voters.

Also, political instability would be the rule rather than the exception especially in close elections as states demand recounts if their candidate of choice does not win the national popular vote. In Senate Committee testimony, University Law Professor Robert Hardaway concluded that had the Koza scheme been in place during the 1960 election between Democrat John Kennedy and Republican Richard Nixon, the country would have endured years of lawsuits with no declared presidential winner until the 1964 election. In this case, the Speaker of the House would serve as an interim president.

After the 1960 election, some Republicans called for the abolition of the Electoral College. It was the late Senator Daniel Patrick Moynihan (D-NY) who warned in 1979 that without the Electoral College,

“the drama, the dignity, and decisiveness and finality of the American political system is drained away in an endless sequence of contests, disputed outcomes, and more contests to resolve outcomes already disrupted….That is how legitimacy is lost.”

HB 1299 is not only bad for Colorado but also for our nation. Colorado legislators should ask themselves if it the Koza scheme is worth it. After all, power is cyclical.