Political Sheet

Judge Denies Colorado GOP Bid to Block Unaffiliated Primary Ballots

Ballot envelopes and a judge's gavel against a Colorado-themed backdrop
Turns out calendars still matter in court.
Written by Scott K. James

A federal judge rejected a last-minute bid to stop unaffiliated voters from receiving Republican primary ballots, leaving Colorado’s current primary law in place.

The Denver Gazette reports that a federal judge has denied the Colorado Republican Party’s request to block unaffiliated voters from receiving Republican primary ballots just weeks before the June election. U.S. District Court Judge Philip Brimmer ruled that making such a change so close to ballots being mailed would create voter confusion and violate long-standing legal precedent against altering election rules at the last minute. fileciteturn20file0

The case stems from Proposition 108, the 2016 voter-approved law that created Colorado’s semi-open primary system, allowing unaffiliated voters, who now make up more than 50% of the electorate, to participate in either party’s primary. While the GOP has challenged the law on constitutional grounds, the judge made clear that the remedy they sought, closing the primary at this stage, is not supported under current Colorado law. fileciteturn20file0

The Bullet Point Brief

  • A federal judge blocked the Colorado GOP’s last-minute attempt to stop unaffiliated voters from getting Republican primary ballots. Timing matters.
  • The ruling leaned on a simple concept. Do not change election rules right before ballots go out. That is how you get chaos.
  • Proposition 108, passed by voters in 2016, allows unaffiliated voters to participate in primaries. Like it or not, that is the law.
  • Unaffiliated voters now make up over 50% of Colorado’s electorate. That is not a side group. That is the biggest block in the state.
  • Even Colorado’s four Republican members of Congress opposed the move, warning it could hurt general election strategy. That should tell you something.

My Bottom Line

Two things can be true at once.

I did not like Proposition 108 back in 2016. If unaffiliated voters wanted to participate in a party primary, I thought they should pick a party. Simple as that.

But the voters disagreed.

And in this country, that matters.

The people spoke, and they opened up primaries. That is the system we have now, whether some folks like it or not.

So here is where I land.

If you are an elected official who believes in following the law, then you follow the law. That means embracing the participation of unaffiliated voters in the primary process.

Trying to yank that away at the last minute is not just legally shaky. It is a terrible look.

And let’s be honest about who this hurts.

Unaffiliated voters are the largest voting bloc in Colorado. You do not win statewide elections without them. Full stop.

So when a handful of party insiders try to shut them out, what message does that send?

It does not say strength. It does not say confidence.

It says panic.

Maybe instead of screaming RINO at anyone who disagrees, some of these party elites should listen to the four Republican members of Congress from Colorado. You know, the ones who have actually won elections in this state.

Judge Brimmer may have just saved the Colorado GOP from itself.

Because excluding half the electorate is not just bad optics.

It is bad politics.


Source: The Denver Gazette

About the author

Scott K. James

A 4th generation Northern Colorado native, Scott K. James is a veteran broadcaster, professional communicator, and principled leader. Widely recognized for his thoughtful, common-sense approach to addressing issues that affect families, businesses, and communities, Scott, his wife, Julie, and son, Jack, call Johnstown, Colorado, home. A former mayor of Johnstown, James is a staunch defender of the Constitution and the rule of law, the free market, and the power of the individual. Scott has delighted in a lifetime of public service and continues that service as a Weld County Commissioner representing District 2.

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