The Republican National Committee and two Colorado Republican elected officials are suing Colorado Secretary of State Jena Griswold, alleging that a policy allowing some U.S. citizens overseas to register and vote in Colorado elections violates the state constitution.

Douglas County Clerk and Recorder Sheri Davis and U.S. Representative Jeff Crank of Colorado Springs joined the RNC as plaintiffs in the lawsuit, which was filed in Denver District Court on Friday.

The suit targets guidance issued by Griswold affirming that U.S. citizens covered by the Uniformed and Overseas Citizens Absentee Voting Act may register to vote in Colorado even if they have “never lived in the United States,” provided that their “parent, legal guardian, spouse, or domestic partner was a resident of Colorado before leaving the United States.”

Image

The GOP lawsuit argues that Griswold’s guidance and a state statute applying the same criteria to eligible UOCAVA voters both violate the voter residency requirements in the Colorado constitution. It seeks a court order declaring the law unconstitutional and requiring Griswold to remove the allegedly ineligible voters from the rolls.

“Residency is not inherited and cannot be established by proxy,” the lawsuit says. “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 RNC has filed similar lawsuits in at least five other states, including Nebraska, where a complaint was filed earlier this week. A court in Michigan rejected a similar GOP effort earlier this year, ruling that it aimed to “disenfranchise the spouses and voting-age children of Michigan service members and civilians working overseas.”

A spokesperson for Griswold said Friday afternoon that her office was reviewing the complaint.

Just over 40,000 UOCAVA voters are registered to vote in Colorado elections, making up less than 1% of the state’s total of nearly 4.1 million active voters.