DENVER - Today, the League of Women Voters of Colorado and two individual voters filed a federal lawsuit against HB 25-1315, a state law passed in May 2025 that provides for one-party elections to fill state legislative vacancies in certain circumstances. The plaintiffs in this matter are represented by McDermott Will & Schulte and the Law Office of Bryan L. Sells, LLC. 

"Colorado state legislators vote on laws affecting every Coloradan, so a law disenfranchising voters based on their party alone silences them," said Marcia Johnson, chief of activation and justice for the League of Women Voters. "We are proud to stand up for voters whenever we see unfairness in the political process, especially when it takes away the voice of voters."

"Every eligible voter deserves a say in who represents them in the state legislature — no matter their political party," said Beth Hendrix, executive director for the League of Women Voters of Colorado. "The League seeks to restore integrity to vacancy elections and is proud to stand for the principle that all voters decide their representatives, not the other way around."

To fill vacant state legislative seats, Colorado uses vacancy committees, which are composed largely of one party’s officials and insiders. Many state legislators in Colorado often resign before their terms are over, requiring appointment by a vacancy committee. In fact, by April 2025, nearly a quarter of  Colorado’s legislators had been appointed by these small party-controlled committees.

In May 2025, the Colorado Legislature passed, and the Governor signed, HB 25-1315, creating a new process for filling state legislative vacancies. Under this law, in certain circumstances, a vacancy committee selects a replacement legislator to serve until the next regular election. In that election, voting is limited to voters affiliated with the same political party as the previous officeholder, as well as unaffiliated voters. For example, if the prior legislator was a Democrat, only registered Democrats and unaffiliated voters may participate. However, the individual elected through this process will go on to vote on laws that affect all Coloradans.

"The right to vote for your state representative doesn't depend on which box you checked when you registered," said Bryan Sells, co-counsel for the plaintiffs. "HB 25-1315 turns a general election into a closed primary and strips tens of thousands of Coloradans of their voice in choosing who governs them. The Supreme Court settled this more than fifty years ago in Kramer v. Union Free School District, and Colorado's legislature can't unsettle it now."

"Entrenching one political party, regardless of which political party, is inimical to the Constitution," said Michael Dockterman, partner for McDermott Will & Schulte. "We are proud to represent the League of Women Voters in their effort to maintain free and fair elections open to all of the voters in the district."

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