Federal judge orders Lamborn onto primary ballot

A federal judge on Tuesday ordered Colorado Secretary of State Wayne Williams to add U.S. Rep. Doug Lamborn to June’s Republican primary ballot and said Williams can’t enforce a state law requiring candidates’ petition circulators to be Colorado residents.
The ruling by U.S. District Court Judge Philip Brimmer means Lamborn, a Colorado Springs Republican serving his sixth term in Congress, will likely face primary voters in June, though some legal stumbling blocks could remain.
The Colorado Supreme Court removed Lamborn from the ballot last week, ruling that he employed out-of-state circulators to gather some of the signatures on his nominating petitions, contrary to state law.
But Lamborn filed a federal lawsuit arguing that the residency requirement amounts to an unconstitutional restriction on the First Amendment rights of his supporters and asked to be restored to the ballot.
The judge agreed.
Brimmer cited a 10th Circuit Court of Appeals ruling that said, “Petition circulation is core political speech, because it involves interactive communication concerning political change,” which means that “First Amendment protection for this activity is at its zenith.”
Lamborn campaign spokesman Dan Bayens issued a statement: “We believe it is time to move on from this issue, and we hope our opponents will end their legal maneuverings in an effort to disqualify Congressman Lamborn from the Republican primary.
“As we have said all along, we believe voters – not lawyers and judges – should decide the outcome of elections.”
As soon as word of the ruling got out, however, a group of Republicans who have unsuccessfully attempted to intervene in the case said they plan to file an immediate appeal with the 10th Circuit Court of Appeals to block the judge’s orders from taking effect.
“We are disappointed that a federal judge chose to overrule the unanimous decision of the Colorado Supreme Court as well as overturn the will of the people of Colorado as expressed by their elected representatives,” said Kyle Fisk, a spokesman for the group, which includes state Sen. Owen Hill, one of four Republicans challenging Lamborn in the primary.
The secretary of state’s office was evaluating the ruling but was focused on “an election that fast approaches,” Deputy Secretary of State Suzanne Staiert said in a statement.
Williams has until Wednesday to certify ballots and send them to county clerks. Mail ballots are supposed to be printed and in the mail to military and overseas voters on May 12 and are scheduled to be sent to voters statewide during the first week of June.
