The RNC says Colorado’s secretary of state dilutes their vote by allowing out-of-state voters who have never lived in the state to participate in state elections.
DENVER (CN) – Four days from the Colorado primary, the Republican National Committee sued Democratic Secretary of State Jena Griswold on Friday challenging her office’s policy to allow out-of-state voters to participate in state elections even if they have never lived there.
“Residence is not inherited and cannot be established by power of attorney,” the RNC wrote in one 24 page complaint filed in Denver state court. “An individual who has never personally made Colorado his or her home has not ‘resided in this state’ within the meaning of Article VII of the Colorado Constitution.”
The Colorado Constitution allows US citizens over the age of 18 who reside in the state to vote. But according to secretary of state“If you are a United States citizen who has never lived in the United States, you can register to vote in Colorado if your parent, legal guardian, spouse, or domestic partner was a resident of Colorado before leaving the United States.”
According to the US Vote Foundation, the politics of the Centennial State is similar to those that govern overseas voting in 36 other states and the District of Columbia.
The RNC is joined in the lawsuit by Douglas County Clerk and Recorder Sheri Davis and U.S. Representative Jeff Crank, who represents Colorado Springs.
The plaintiffs argue that allowing “never residents” to vote in Colorado elections dilutes the resident vote.
“The Secretary’s guidance causes a competitive injury to the RNC and Crank Candidate because it is adding to the voter rolls and thus allowing to vote in Colorado elections a population of constitutionally ineligible individuals who are disproportionately non-Republican in their party affiliations,” they wrote.
Quoting research from the University of FloridaRepublicans estimate that less than 12% of overseas voters are registered Republicans compared to 53% who are Democrats.
“It is understandable that the bloc of civilian overseas voters, which is in part made up of these illegal never-resident voters, overwhelmingly supports and votes for Democratic Party candidates,” they wrote.
More than half of Colorado voters, 53%, are registered as unaffiliated, while 25% identify as Democrats and 22% as Republicans.
Citing the U.S. Election Assistance Commission, the plaintiffs say Colorado counted 32,072 out-of-state ballots in 2020, about a third of which were cast by uniformed service members.
Davis reported more than 100 registered voters in her district who have never lived in the US or Colorado. In addition to diminishing voter confidence, Davis said in the complaint that she does not know how to uphold the state constitution and abide by the secretary of state’s policy that violates it.
Alleging violations of the state constitution, the plaintiffs are asking the court to remove ineligible voters from the state voter rolls and block the rule’s implementation.
The RNC is represented by attorney Michael Rancisco of First & Fourteenth’s DC office.
A representative for the Secretary of State’s office did not immediately respond to a request for comment.
The case has been assigned to Second Judicial District Judge Ericka Englert.
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