Republicans sue Colorado over election policy allowing overseas voters

DENVER (CN) — Four days from Colorado’s primary election, the Republican National Committee sued Democrat Secretary of State Jena Griswold on Friday challenging her office’s policy of letting overseas voters participate in state elections even if they’ve never lived there.

“Residency is not inherited and cannot be established by proxy,” the RNC writes in a 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 U.S. citizens over the age of 18 who reside in the state to vote. But according to the 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 U.S. Vote Foundation, the Centennial State’s policy is similar to those guiding overseas voting in 36 other states and the District of Columbia.

The RNC is joined in the suit by Douglas County Clerk and Recorder Sheri Davis and U.S. Representative Jeff Crank, who represents Colorado Springs.

The plaintiffs argue allowing “never-residents” to vote in Colorado election dilutes the vote of residents.

“The secretary’s guidance inflicts a competitive injury on the RNC and Candidate Crank because it is adding to the voter rolls, and thereby permitting to vote in Colorado elections, a population of constitutionally ineligible individuals who are disproportionately non-Republican in their partisan affiliations,” they write.

Citing research from the University of Florida, the Republicans estimate less than 12% of overseas voters are registered as Republicans compared to 53% who are Democrats.

“It is well understood that the overseas civilian voting bloc, which is partly comprised of these illegal never-resident voters, overwhelmingly supports and votes for Democratic Party candidates,” they write.

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 overseas ballots in 2020, about a third of which were cast by uniformed service members.

Davis reported more than 100 voters registered in her county who have never lived in the U.S. or Colorado. In addition to diminishing voter confidence, Davis said in the complaint she doesn’t know how to uphold the state constitution and adhere to a secretary of state policy that violates it.

Claiming violations of the state constitution, the plaintiffs ask the court to remove ineligible voters from state voter roles, and block enforcement of the rule.

Over email, Griswold said she looked forward to defending the policy in court.

“The spouses and children of military and overseas voters who are U.S. citizens have the same rights and privileges as every other American," Griswold wrote. “It is sad and unpatriotic of the Republican Party and a Colorado Republican county clerk to seek to disenfranchise voters who are eligible to vote under Colorado law.”

The RNC is represented by attorney Michael Rancisco of the D.C. office of First & Fourteenth.

The case has been assigned to Second Judicial District Judge Ericka Englert.

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