Ron Hanks, Scott Bottoms sue to stop Colorado’s unaffiliated voters from participating in GOP primary

Three Republican candidates in Colorado—Ron Hanks, Scott Bottoms, and David Willson—filed a lawsuit in Denver District Court this week to prevent unaffiliated voters from participating in the June 30 GOP primary. The lawsuit, filed by Denver attorney Gary Fielder, argues that Colorado’s semi-open primary system violates the candidates’ First Amendment rights and the Equal Protection Clause by allowing outsiders to influence party nominations. Hanks, a former state lawmaker, is challenging U.S. Rep. Jeff Hurd in the 3rd Congressional District, while Bottoms, a state representative, is running for governor, and Willson is in a two-way primary for attorney general. They seek a preliminary injunction to block state election officials from mailing Republican primary ballots to unaffiliated voters. Secretary of State Jena Griswold and Governor Jared Polis, both Democrats, are named as defendants. Polis’ spokesman called the lawsuit “concerning,” stating that democracy works best with broader voter participation. Griswold, who opposed the GOP’s prior legal challenges, said she expects the primary to proceed as intended, citing a recent federal court ruling that rejected similar efforts to exclude unaffiliated voters. The lawsuit follows a federal judge’s April 22 denial of the Colorado Republican Party’s request to halt unaffiliated voters’ participation, citing potential voter confusion and election rule stability. Denver District Court Judge Jon Jay Olafson set a hearing on the injunction request for May 14, just days before the May 16 deadline for county clerks to send ballots to military and overseas voters. Most Colorado voters will receive ballots starting June 8.