Windsor voters have until 7 p.m. Tuesday, Feb. 18 to decide on a range of issues, from clarifying term limits to recreational marijuana stores.
Nine items are on the special election ballot, with items 1A, 1B, 1D and 1F directly addressing term limits and the vagueness surrounding the town charter and elections. The proposed changes would ensure that term limits are determined solely based on the years served, with mayors and town board members only able to serve for 10 consecutive years or 12 consecutive years if they have served on both the town board and as mayor.
The changes would also disqualify candidates for elected office who could not serve the whole term without exceeding their term limit. The special election will also address a point of contention the public had regarding Barry Wilson’s resignation as mayor by requiring a special election to elect a new mayor if the mayoral seat is vacated in the first half of the term.
Under the current language in the town charter, if the mayoral seat is vacated, someone from the town board is appointed mayor. Under this proposed change, this would still be the case if the seat is vacated in the second half of a term.
The town also put on the ballot a citizens’ initiative regarding the cultivation and retail sale of marijuana within Windsor. Tom Wilczynski and Autumn Todd, who operated medical marijuana businesses in Northern Colorado, brought forth the measure, which gathered 1,900 signatures in favor of it.
Though the measure made the ballot, most town board members were against it. Some even considered it unnecessary since voters have struck down the issue before.
“Personally, I don’t think we should have it,” District 2 Board Member Brian Jones said during a recent town work session. “It’s been passed down by the voters two different times, so I think it’s important that the board reflects that sentiment.”
The other issue for this special election is an amendment to the town charter, which currently does not comply with the Colorado Constitution.
The town charter currently forbids any individual who has committed a felony from holding an elected office in the town. Ballot items 1C and 1E would change that to reflect the state constitution, which only forbids those who have committed crimes of embezzlement of public money, bribery, perjury, solicitation of bribery or subornation of perjury from holding an elected office.
This issue was previously brought to Windsor residents in 2023 when the American Civil Liberties Union (ACLU) won a lawsuit against Aurora for the same problem. The voters, however, struck down the change with 55% of the vote, and now the town has changed the language of the amendment in hopes it will pass this time around.
Former Windsor Mayor Paul Nennemeyer has spoken out against this amendment, believing that the town shouldn’t allow itself to be bullied by the ACLU to going against the people’s wishes.
“The citizens of Windsor have already spoken on this issue in 2023, they don’t want a person with a felony in an elected office,” Nennemeyer said in handout material for the election. “If the town has to defend itself in court, then so be it.”
If the amendment is struck down again by the voters on Feb. 18, then the town will continue to be in violation of the state constitution, creating serious liability for the town, both legally and politically.
This special election is being held in response to last year’s issues regarding Wilson’s election as mayor and the following lawsuit. In April 2024, Windsor resident Jim Cosner filed and won the lawsuit against Wilson, arguing that Wilson would exceed his term limit during his term as mayor.
In September, the town board created a Charter Ad Hoc Committee in response to the murky language in the Windsor Town Charter that allowed Wilson’s election, as well as those of two previous mayors. This committee comprised 20 members, 12 of whom were Windsor residents.
The committee presented its recommendations for changes to the town board in November when it decided to bring the issue to a special election.
Ballots have already been mailed to registered voters in Windsor. They can be dropped off at the ballot box in front of the Windsor Community Recreation Center, 250 11th St. The box is open 24/7, and all ballots must be deposited by 7 p.m. Tuesday.
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