Statement from Colorado Secretary of State Jena Griswold Regarding the Dismissal of Lawsuit to Overturn Colorado’s Open Primary System

Denver, April 11, 2022 - Today, Colorado Secretary of State Jena Griswold released the following statement regarding the dismissal of a lawsuit attempting to overturn Colorado’s semi-open primary system.

“Coloradans strongly support unaffiliated voters’ participation in the party primary of their choice, and as Secretary of State, I will always protect the right to vote of all Colorado voters. I welcome the Court’s decision affirming Colorado’s current primary system and the rights of so many voters across the state,” said Secretary Griswold.

Proposition 108, a ballot initiative adopted by Colorado voters in 2016, requires major political parties to nominate candidates for the general election either through a semi-open primary or a closed assembly/convention process. In a semi-open primary, registered unaffiliated voters may choose which major party primary they wish to participate in.

The lawsuit was brought by five Republicans represented by lawyers Randy Corporon and John Eastman, who provided guidance to former President Donald Trump on overturning the 2020 presidential election. The lawsuit alleged that Colorado’s semi-open primary system was unconstitutional and sought to overturn the will of the People of Colorado.

In his ruling on the Secretary’s Motion to Dismiss, Judge Kane notes that “the Party itself is not beholden to every member’s preference, so the State can hardly be charged with a constitutional violation when the party makes a choice that leaves some members dissatisfied;” That is, when the political party itself makes the choice to participate in a semi-open primary.

The Court’s dismissal of this lawsuit maintains the rights of unaffiliated voters just as it does the decision of the majority of Republican central committee members who opposed the effort to opt-out of the Prop 108 semi-open primary when the question was considered last year.