Colorado Republican Party Sues to be Able to Exclude Independent Voters from its Primaries

On July 31, the Colorado Republican Party filed a federal lawsuit against the 2016 law that requires the party to let independent voters vote in its primaries, unless the party state convention votes by a 3/4ths majority to close the primary that year. Colorado Republican Party v Griswold, 1:23cv-1948. The case is assigned to U.S. District Court Judge Robert E. Blackburn, a Bush Jr appointee. Here is the 22-page Complaint.

Whether parties have a constitutional right to exclude independents from their primaries is an open issue. Republican Party lawsuits on this subject have won in Idaho, but have lost in South Carolina and Virginia. The U.S. Supreme Court already ruled in Tashjian v Republican Party of Connecticut that parties have a right to demand that independents be allowed to vote in its primaries. And in California Democratic Party v Jones, it ruled that parties have a right to exclude members of other parties from their primaries. Thanks to Mike McCorkle for the news.


Comments

Colorado Republican Party Sues to be Able to Exclude Independent Voters from its Primaries — 18 Comments

  1. You know, Libertarian candidate for US House in North Carolina, David Coatney, came up with a pretty good idea for independents to vote during primary seasons.

    The solution is to have all independents running for that specific office run in a separate primary. If we allow independents to vote in a separate primary of their own instead, there would no longer be a need for semi-open primaries. And it also tackles concerns about ballot overcrowding (though that’s not a big issue in North Carolina in federal and state races). But the best part about this is that (if ballot access requirements are eased as well) independents will have a better chance of making it on the ballot in more races. There have been some races in the state where the only independent who was running in that race were not able to qualify.

  2. PUBLIC NOMINATIONS BY FACTIONS OF PUBLIC ELECTORS IN PUBLIC PRIMARIES.
    —-

    NOOO PRIMARIES– PART OF P-A-T

  3. THE SCOTUS ELECTIONS BRAIN ROT-

    1964 GERRYMANDER CASE OPS

    1968 BALLOT ACCESS OP

    2000 PRIMARY OP

    PLUS 10S/10S/10S BETWEEN AND SINCE.

    P-A-T

  4. Under right of association grounds I don’t understand the constitutional grounds against the Colorado Republican Party argument. That said, the Democrats could just eliminate party registration as some states have, meaning the state Republicans would be required to let independents vote in their primary because everyone would be technically independent.

  5. SCOTUS EU OP 1989

    PUBLIC OFFICE NOMINATIONS — FACTION OF ALL ELECTORS/VOTERS —TOTAL GOVT REGULATION

    VS INTERNAL PARTY CLUBBY STUFF — GOVT REGULATION AS FOR ALL CLUBBY GROUPS — MAJOR 1 AMDT LIMITS

  6. Great video thanks Greg. Democrats like AZ apparently are allowed to question elections.

  7. The Republicans should charge a fee to vote on their primary. That way independents can vote, but would financially support the GOP if they do. Maybe also make it like Texas, where voting in a primary makes them affiliated with that party until the next election.

  8. Eliminate partisan nominations. The Republican Party would be free to publicize its endorsements to members and the general public.

  9. Eliminate partisan nominations. The Republican party should be free to reveal who it picks to hold various offices if it has the most men standing in its corner in an annual precinct election. The men it then selects for office would be partisan appointments, not nominees.

  10. @Sam,

    Why would you go stand with a group which might appoint Mitt Romney or Lynn Cheney.

  11. Because they won’t. I’d go stand with Trump supporters. They would pick good appointments.

  12. In 2014 I supported the American Constitution Party, except for Tom Tancredo in the GOP primary. Why do you ask?

  13. @Sam,

    Your previous response suggested that you believed the Republican group would support Trump loyalists. But that was unlikely in 2014, when Trump was relatively unknown as a potential political candidate.

    If you would have stood with the Constitution supporters in 2014, you would have been eliminated. Or if I understand Max’s proposal you might have been recruited to another group before the final count was made.

  14. Better Romney and Cheney than Obama and Biden, I suppose. But then maybe I would have walked out instead. I’m glad the options are better now.

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