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Transparency advocates urge Gov. Polis veto of open records restrictions

DENVER — A second letter asking Gov. Jared Polis to veto Senate Bill 25-077 has been sent from an odd-bedfellows coalition of transparency advocates and members of the news media.

Jon Caldara, President of the free-market Independence Institute;* Jason Salzman of the progressive Colorado Times Recorder and CBS News Colorado sent a letter on April 8 asking Polis to veto the bill that would severely cripple Colorado residents’ ability to obtain open records.

The Colorado Freedom of Information Coalition, a transparency advocacy organization, recently released their own letter to Polis urging a veto of the bill.

Caldara said the parties were “very concerned” about the bill’s passage.

“The bill marks a step back from the goals of the Colorado Open Records Act to create new roadblocks for timely access to the people’s records. The bill not only arbitrarily extends the time deadlines for Colorado governments to respond to timely CORA requests but will result in increased costs to access government records,” the letter said. “The special treatment for members of the legacy media does not save the bill, it only makes it worse. In addition, the bill may very well violate state and federal constitutional protections as illustrated by recently filed federal court litigation in Utah challenging similar carveouts for legacy media.”

Caldara also cited a coalition of more than 50 different groups that came together in late 2024 who “generally oppose legislative attempts to restrict public access to meetings of elected officials and public records and to craft a citizen’s initiative to establish government transparency standards for 2026,” the letter adds. “The groups span the political spectrum from right to left and represent traditional media organizations as well as the growing media segment of independent citizen journalists, bloggers and commentators.”

Senate Bill 77, sponsored by Sen. Cathy Kipp, D-Fort Collins; Sen. Janice Rich, R-Grand Junction; Rep. Michael Carter, D-Littleton; Rep. Matt Soper, R-Grand Junction, would (among other things) give government entities more time to fill open records request for everyone except those the bill defines as “journalists.”

Specifically, it would change the existing three-day time limit for filling a request to five, from seven days to 10 days under “extenuating circumstances,” and up to 30 days if a custodian believes the request is for financial gain. Additionally, custodians would be able to charge a “reasonable cost” to businesses seeking financial gain rather than the maximum rate charged to others under the law.

The coalition has been meeting in ongoing stakeholders’ meeting with an intent to change the way open records are treated in Colorado. The group is planning to put a measure on the ballot in 2026 that would significantly rewrite the current laws, making access to government records easier across the board.

The letter also urged “the proponents to actively engage in a substantive discussion with government transparency groups in the future,” should Polis decide to veto. “We certainly welcome all perspectives in our coalition meetings and would welcome their participation.”

The letter is available here.

* Independence Institute is the publisher of Complete Colorado.

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