Colorado Unaffiliated Voters Primary Challenge

Lawsuit filed on behalf of the Colorado Republican Party (CO GOP) challenging Proposition 108 — a proposition that allows unaffiliated voters to vote in partisan primaries without declaring an affiliation to that party — alleging that the proposition violates the First and 14th Amendments of the U.S. Constitution. As of Aug.1, 47% — or 1.82 million of Colorado’s 3.88 million registered voters — are unaffiliated, making unaffiliated voters the largest group of voters in the state. 

The plaintiff argues that Proposition 108 violates the CO GOP’s right to free speech ”by forcing its political association to deem as its nominee for office a candidate chosen in an open primary election in which unaffiliated voters are allowed to participate.” The plaintiff further alleges that allowing unaffiliated voters to vote in partisan primaries violates the 14th Amendment by “diluting” the “votes cast by [the CO GOP’s] members when the party has not determined for itself to permit voting by those who are not affiliated with, and have deliberately chosen not to affiliate with, the party.” The plaintiff also asserts that Proposition 108 imposes “differential treatment,” which in turn “infringes upon the fundamental voting rights of major political parties and the voters affiliated with them.” 

The plaintiff requests that the court block the enforcement of Proposition 108 and declare it unconstitutional.

On Feb. 4, 2024, the CO GOP’s request to temporarily block the law was denied.

STATUS: Litigation remains ongoing in the district court.

Last updated: April 12, 2024 4:47 pm EST