A judge Tuesday denied a request for a temporary restraining order in a lawsuit that sought to keep a Democratic candidate for Colorado’s 4th Congressional District out of the caucus and assembly nominating process.

Trisha Calvarese, a Democrat running in the 4th District, filed the lawsuit in Denver District Court alongside Lisa Chollet, chair of the Colorado Democratic Party 4th Congressional District Central Committee, claiming the state party violated state election laws by deeming Eileen Laubacher eligible for the caucus and assembly process.

The lawsuit says that Laubacher is ineligible to participate in the Democratic caucus and assembly process because she was not registered as a Democrat for at least 12 consecutive months, as required by state election law. It alleges that Colorado Democratic Party Chair Shad Murib also broke state election law when he unilaterally pushed back district assemblies by one day, therefore making Laubacher eligible. The petition claims Chollet as the District 4 central committee chair has the sole authority to schedule the time and place of her district’s assembly.

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Calvarese and Laubacher are the leading candidates in the Democratic primary for the 4th District. Laubacher has already raised more money than every other candidate of either party in the race combined. John Padora and Jenna Preston have also filed to run for the 4th District seat as Democrats. Whoever wins the Democratic primary is expected to face the incumbent, U.S. Representative Lauren Boebert, a Windsor Republican, in the November election.

Denver District Court Judge Mark Bailey said the plaintiffs at a hearing Tuesday did not make a strong showing that immediate and irreparable harm would occur if he did not grant a temporary restraining order. He said that both Murib and Chollet testified that “no delegate will be bound to any candidate at tonight’s meeting” or other meetings before the case is back in court on March 16. The first county assembly meeting in the district started at 6 p.m. Tuesday in Lincoln County.

“The Court recognizes that Petitioner Calvarese could be prejudiced if she receives less than 15 percent of the support at tonight’s meeting — and that the likelihood of this occurring is higher if Ms. Laubacher is recognized as a candidate,” Bailey said in the order. “However, that harm is speculative. Further, any such harm would not be irreparable, because Petitioner Calvarese will maintain the ability to persuade all delegates notwithstanding the results of any county assembly.”

Laubacher, a retired Navy rear admiral and former National Security Council official, registered as a Democrat on March 27, 2025. The lawsuit says she should not be eligible to participate in a district assembly that was initially scheduled for March 26. A statement from Calvarese says Laubacher is a “lifelong Republican” and that state party leaders should “enforce rules consistently, follow the law, and end the misguided favoritism toward establishment candidates.”

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Andrew Nicla, spokesperson for the Colorado Democratic Party, said the judge “made the right decision today.”

“We look forward to a full hearing on the merits of this case and we remain committed to a fair caucus and assembly process and open access to the ballot,” Nicla said in a statement.

Calvarese raised her concerns about Laubacher’s eligibility directly to Murib, and he responded that she met the “twelve consecutive months” requirement because March 27, 2025, to March 26, 2026, constituted 365 days, according to the lawsuit.

The lawsuit seeks a final court order declaring Murib’s date change void and Laubacher ineligible for the caucus and assembly process. If the suit is successful, Laubacher can still get on the primary ballot through a petition process, which involves gathering voter signatures.

“The caucus process exists to engage voters, and that’s exactly what we’re doing,” Taylor Gillespie, Laubacher’s campaign manager, said in a statement. “We’ve been organizing for months, and we expect strong participation across the district, including more than 100 veterans supporting Eileen. Our focus remains exactly where it’s always been: engaging people, earning support, and winning in November.”

Boebert beat Calvarese in the 2024 election by 12 percentage points. The 4th District, which includes most of Douglas County and the Eastern Plains, is the safest Republican-held district in the state.

Colorado’s primary election will take place June 30.