Judicial ruling opens the door for Republicans and Democrats to exclude the majority of Colorado voters from primary elections
Originally published in the Denver Post
Let’s get something straight: The people own elections in our country and our state, not political parties. But a recent federal court decision just made it easier for Colorado’s political parties to lock the state’s largest group of voters out of primary elections. If it stands, this outcome opens the door to minority rule over our election process. And that would be a major loss for democracy.
U.S. District Court Judge Philip A. Brimmer’s ruling struck down the threshold for a major party to opt out of our state’s primaries, calling the required support by 75% of central committee members an unconstitutionally “severe burden” on a party’s 14th Amendment right to association. In doing so, he exposed a flaw in our electoral system, underscoring the urgent need for Colorado to adopt a truly open primary.
As of January, unaffiliated voters comprise the majority of active registered voters in our state. Since 2016, these independents have had the opportunity to participate in primary elections held by either party. And since 2023, the far-right arm of Colorado’s Republican Party has fought to exclude their participation.
That element may now get its wish as soon as our upcoming June primary, effectively prioritizing the narrow ideology of a few hundred party loyalists over the fundamental voting rights of hundreds of thousands of independent citizens.
That’s a dangerous step backward. If we are to ensure all voters have a meaningful say in Colorado’s governance, we cannot allow political factions to exclude those who hold the balance of power.
As former campaign co-chairman of Proposition 108, the initiative that opened Colorado primaries to Independent voters, I remember well the opposition from both parties. Our goal was to tear down barriers and deliver candidates that appeal to the broadest stream of the electorate rather than the extremes. But instead of fostering an inclusive democracy, this ruling enables party factions to build higher walls around smaller groups of voters.
Colorado’s Republican Party has veered dangerously to the right, and its lawsuit aims to protect that maneuver by flexing its power over our elections.
Should they opt out, they will effectively be ignoring the voting rights of the majority, as Independents now outnumber registered Democrats and Republicans combined.
This deliberate growth among independents is the most important political trend in the state and emphasizes the need for a fully open system – a goal we nearly achieved through the narrowly defeated Proposition 131 in 2024. By establishing a fully open primary, every voter would have the opportunity to vote for any candidate they like, regardless of party affiliation. Voters fund the elections and have the right to participate. It’s time for parties to stop building barriers.
Opting out of the primary opens the door for the most partisan elements of a party to hijack the nomination process. And if the GOP succeeds in opting, they will force their candidates in 2028 and beyond to advance to the general election through the notoriously chaotic caucus and assembly process dominated by hardline party insiders.
In short: by opting out, Republicans would be choosing extremism over moderation – and electoral suicide over policy impact.
Parties undeniably have the right to private association – to establish platforms, choose their leaders, and even nominate candidates. But when they want their private processes to qualify them for a spot on the public ballot, they also need to follow the rules set by the owners of the public ballot – namely, us.
In drafting Proposition 108, we deliberated for hours about the central committee member support threshold, arriving at 75% for an issue of this magnitude. We respect Judge Brimmer’s conclusion that 75% is too high, although we disagree. We may well let Coloradoans reaffirm their rights by running another initiative with a lower threshold.
The lack of guidance by the court is frustrating in this regard – if the judge knows a number is too high, he must also know what number is low enough. Super-majority thresholds are common in government (like a 67% requirement to over-ride a governor’s veto) and in the private sector. However, there’s a fundamentally better answer.
Colorado should adopt fully open primaries. It’s time to stop letting the parties – who represent a minority – dictate who we can vote for and start demanding a system that reflects the will of the majority. That’s what democracy is supposed to look like.
