For the first time in 60 years, Aurora residents with felony convictions will be permitted to run for City Council after the council voted to lift its ban Monday.

The city code will now be modified to align with the state constitution. Aurora’s ban of felons, approved by voters in 1961, goes beyond federal and state law, unless the candidate is convicted of things like violating public trust or bribery, officials said. 

This change comes after the ACLU of Colorado filed a lawsuit against Aurora in May in an effort to allow Candice Bailey, a community activist with an over 20-year-old felony conviction, to run for City Council this November.

“It’s necessary that the city’s code be brought in harmony with the state’s constitution,” City Attorney Gerald Dahl said in support of the change Monday. “It’s the Colorado constitution that dictates the scope and power of, not only the legislature, but of municipalities.”

Review of Aurora's policing suggests overhaul of department's policies on use of force

The proposed change passed in a 7-2 vote, with council members Dave Gruber and Marsha Berzins voting no. Gruber and Berzins argued that the issue should be put on the ballot for voters to decide.

Despite this change, it is currently unclear whether Bailey will be able to run in the November election. Bailey said she wants to run for an at-large council seat, which requires candidates to submit a petition with at least 100 signatures by Tuesday at 5 p.m.

Bailey, 43, was convicted of felony second-degree assault when she was 22, and spent three years in prison. Bailey’s group of friends got into an altercation with another group, resulting in Bailey and a man from the other group firing guns at each other. No one was injured and both she and the man were charged.

Since being released from prison, Bailey has become a well-known community leader for racial justice, frequently participating in Black Lives Matter protests and serving on multiple advisory boards for the city, including the police community task force.

Aurora City Council shoots down mayor’s homeless camping ban

“The mistakes of your life shouldn’t stop you from living life to the fullest or being of service,” Bailey said in May. “This is not just about me, but about making sure that all future candidates with felony convictions won’t face the same barrier I have, and ultimately, for voters to decide who they want to represent their communities.”

Bailey announced her intention to run for council in February, saying she wants to use her experience within the judicial system to improve the city. She wants to address issues including police reform, homelessness, gentrification, small business support and transportation funding.

On Monday, the council also voted 6-3 to approve the establishment of marijuana hospitality businesses in the city where adults can legally consume marijuana. That ordinance will need to pass a final vote during the next council meeting to be implemented.

The council voted down a re-introduction of Mayor Mike Coffman’s proposed homeless camping ban after the ban failed during the last meeting. The proposal failed in a 5-5 vote with Coffman voting to create the tie. With this second failure, the ordinance cannot be re-introduced for another six months.