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Secretary of State seeks one senior legal/policy FTE to manage rising election litigation and record requests
Summary
John Menino of the Colorado Department of State asked the JBC for cash-fund spending authority for one senior legal/policy FTE to help prepare for the 2026 primary and midterm elections, citing a 20% increase in court requests and five active major litigations including a DOJ records demand.
John Menino, Chief of Staff and Strategy for the Colorado Department of State, asked the Joint Budget Committee for cash-fund spending authority to add one senior-level legal and policy full-time equivalent to the department. Menino said the role is intended to bolster internal capacity to prepare for and manage the heavy legal, policy and records workload tied to the 2026 elections.
Menino told the committee the request is for "cash fund spending authority only" and would not require raising revenue. He outlined a constellation of pressures on election officials this year: an executive order on elections at the federal level, a Department of Justice lawsuit seeking statewide voter records, a large spike in document requests and other litigation and federal inquiries. He said these factors together have stretched existing staff thin and argued the department needs a senior in-house resource to support contingency planning, internal briefings and to prepare materials for the Secretary.
Senators and representatives asked whether the Attorney General's Office could absorb additional work and requested quantitative evidence of increased workload. Menino said the department had discussed needs with the AG's office but that the requested position does "work on our side of the ledger"—preparing materials, coordinating with elections staff and briefing the Secretary—work he said the AG's office does not practically perform for the department. Menino cited a roughly 20% increase in court-related requests (and about 30% since 2020) and noted the department currently has "five major pieces of litigation" including the DOJ matter.
Members asked for data on current in-house legal staffing and for quantifiable metrics supporting the request; Menino and CFO Brad Lang offered to provide further documentation. The committee did not take a final vote on the request during the session.
Next steps: Department of State staff will provide additional staffing and caseload metrics, and the committee will consider the request in the context of other fiscal pressures and budget priorities.
