Benchmarking Regulations, Ranked Choice Voting, and the Future of Real Estate

On September 24, 2024, Karen Levine, Candice Stutzreim, Doug Jennings, and Leigh Brown joined the show. Filled in as guest host while Kim traveled, leading discussions on energy regulation, election integrity, and real estate policy Explained how Proposition 131’s all-candidate primary and ranked choice voting would eliminate meaningful party representation and make elections opaque to average voters Revealed how state and municipal energy benchmarking regulations impose.

The Hidden Costs of Energy Benchmarking

Start listening at 37:05 – Hour 1

Doug Jennings, a commercial real estate broker with REMAX Alliance, exposes the cascading costs of Colorado’s benchmarking regulations. What started as Regulation 28 at the state level has spawned more aggressive municipal programs like Energize Denver and even stricter requirements in Fort Collins. Property owners now face mandatory annual energy usage reports, with fines up to $15,000 for failing to reduce consumption, regardless of whether increased usage stems from legitimate business growth or new tenants occupying previously vacant space.

Jennings explains that the regulatory burden extends far beyond the reporting itself. Property management companies must hire specialists or outsource compliance, driving up operating costs that ultimately flow through to tenants and consumers. The irony is not lost on Jennings: regulations marketed as environmental protection become “government catnip,” with each municipality trying to outdo the others in stringency.

“So it’s so confusing, like anything government, you can imagine it’s layer upon layer of confusion and it costs more.”

Doug Jennings, Commercial Broker, REMAX Alliance

Proposition 131 and the Threat to Party Representation

Start listening at 20:28 – Hour 1

Candice Stutzreim breaks down Proposition 131, a ballot measure backed by billionaire Kent Thiry that would fundamentally transform Colorado elections. The proposal combines an all-candidate primary with ranked choice voting in the general election, a system Stutzreim describes as the worst thing for the average voter’s voice.

Under the current system, citizens can participate in neighborhood caucuses, choose delegates they personally know, and watch candidates compete for nominations at assemblies. Proposition 131 would replace this with a system where dozens of candidates from all parties appear randomly on a single primary ballot, with the top four advancing to a general election decided by a computer-driven ranked choice process. Stutzreim warns that most voters will never understand how winners are determined under this opaque system.

“The objective of 131 in the big picture is to eliminate the parties and to create basically two general elections where all people, all parties, even unaffiliated, even no party at all, all vote off the same ballot.”

Candice Stutzreim, Election Integrity Advocate

Real Estate Under Siege: Federal Intervention and Market Realities

Start listening at 71:27 – Hour 2

Leigh Brown, a North Carolina realtor and national speaker, provides a sweeping analysis of the challenges facing real estate professionals and consumers alike. From the DOJ-backed lawsuits targeting the National Association of Realtors to proposed federal policies like Affirmatively Furthering Fair Housing that could override local zoning, Brown argues the industry is under unprecedented attack.

Brown contrasts the housing policies of the two presidential campaigns: while the Harris campaign proposes $25,000 down payment grants that would simply inflate prices in a supply-constrained market, the Trump administration’s opportunity zones actually encouraged capital investment in underserved communities. The fundamental problem, Brown explains, is that government thinks of itself as a parent rather than a facilitator, leading to policies that sound helpful but ultimately harm the people they claim to serve.

“If you’re in the public, you should know that it is only the realtors who have been willing to go talk to elected officials about housing policy. And if we’re not around, who is going to speak up?”

Leigh Brown, Realtor and National Speaker