Colorado Politics

Colorado voters to begin getting presidential primary ballots as question over Trump’s eligibility looms

Colorado’s county election officials this week will begin mailing ballots to voters for the March 5 presidential primary election, even as the U.S. Supreme Court is weighing a bid to disqualify Donald Trump from the ballot.  

Trump’s name will appear on the Colorado ballot. If the U.S. Supreme Court rules in his favor, votes for him will be counted, but if the justices do the opposite, votes for Trump will not be counted, officials noted.

“County clerks are sending primary ballots this week,” Secretary of State Jena Griswold said in a news release Monday. “There is still time to register to vote if you have not already, and I encourage every eligible person to do so.”

Voters who are registered either Republican or Democratic will get their party’s ballot, while unaffiliated voters will get two ballots — one for each party, although they can only fill out and return one of them.

Voters affiliated with one of Colorado’s minor parties — Libertarians, Greens and others — will not be getting a ballot for the primary, under the 2016 voter-approved ballot measure that established the state’s presidential primary system.

The U.S. Supreme Court last Thursday heard more than two hours of arguments in Trump v. Anderson, the case out of Colorado that asks whether Trump is constitutionally disqualified from the state’s primary ballot — and potentially all other states’ ballots — because he engaged in insurrection.

The federal justices, in contrast to their counterparts in Colorado, appeared to unite around the same answer: No.

One member of the court name-checked Justice Carlos A. Samour Jr. of Colorado, who wrote the most detailed dissent in December arguing against Trump’s disqualification. Although Samour raised questions about the due process afforded to Trump — an issue Trump did not appeal — Justice Brett M. Kavanaugh linked Samour’s dissent to the broader question of states having the authority to boot presidential candidates from their ballots.

Samour traveled to Washington, D.C. and attended the arguments. The Judicial Department said he was the only Colorado justice to do so. Through a departmental spokesperson, Samour declined to comment on the experience.

Several presidential candidates — former governors Chris Christie and Asa Hutchinson, Florida Gov. Ron DeSantis, and Vivek Ramaswamy on the Republican side, and Marianne Williamson on the Democratic side — suspended their campaigns after Colorado’s election officials certified the ballot on Jan. 5.

Their names will appear on the ballot. They also have not yet filed the paperwork with the Secretary of State’s Office to formally withdraw their names from the ballot, Griswold’s office said. 

Voters should mail back their ballots by Feb. 26 to ensure county election officials receive them by 7 p.m. March 5. After Feb. 26, voters should return their ballots via a drop box or at a voting center, officials said. 

Here are important dates.

Feb. 12 – First day that county election officials can mail ballots to voters

Feb. 16 – Deadline for mail ballots to be sent to voters for this year’s presidential primary election

Feb. 26 – Election officials said voters should mail their ballots by this day to ensure county election offices get them on time

March 5 – Election Day

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