On May 1, U.S. District Court Judge Philip Brimmer issued a 25-page order in Goodall v Williams, 1:18cv-980. The order enjoins the Secretary of State of Colorado from enforcing the state’s ban on out-of-state circulators for candidate petitions. It also puts Congressman Doug Lamborn, a Republican who is running for re-election, back on the Republican primary ballot. The Colorado Supreme Court had removed him last week because it had found that he used petitioners who were not Colorado residents. But the Colorado Supreme Court had said nothing about the constitutionality of the ban on out-of-state petitioners.
As to the state’s argument that the political parties that have primaries have a freedom of association right to limit their primary ballots to candidates who comply with the law, the order says, “The existence of competing interests does not give state legislatures license to infringe on the constitutional rights of other participants in the electoral process.”
The order notes on page 18 that there is a growing consensus from courts around the nation that bans on out-of-state circulators are unconstitutional.