Rocky Mountain Voice

Opt out explained: Why Colorado Republicans could lose their primary ballots

By Heidi Ganahl | Commentary, Rocky Mountain Voice

One of the most contentious issues holding back the Colorado Republican Party is the infighting around the “Opt Out.” In September, the Republican State Central Committee (SCC) held a heated meeting to vote on whether to opt out of holding a primary election. While 75% of members present voted to “opt out,” state law requires a vote from three-fourths of the total membership of the SCC to officially make that decision.

Unfortunately, the meeting sparked more confusion and anger across the party. For several years now, the “Opt Out” has become a litmus test for loyalty, labeling anyone who disagrees a RINO (Republican In Name Only). But I don’t believe that most Republicans understand what “opting out” actually means—and it’s not minor confusion.

If past explanations of the opt out left you unsure of what it actually means, you’re not alone. The issue comes down to three nomination options under Colorado law and how each one affects Republicans, Democrats, and unaffiliated voters. To make that clearer, we’ve laid it out in a simple diagram below.

A surprising number of people believe opting out simply removes unaffiliated voters from the primary. While this can be achieved with the lawsuit against prop 108, it won’t be achieved by opting out –  that is not what Colorado law says.  If the GOP opts out, the entire Republican primary ballot disappears—for Republican voters and unaffiliated voters alike.

Where Opt-Out Comes From

The authority to opt out originates with Proposition 108, passed by voters in 2016. 

Proposition 108 “allow(s) political parties to opt out of holding a primary election and instead choose to nominate candidates by assembly or convention.”

Today, this is codified in the Colorado Revised Statutes, Title 1 (2025), Section 1-4-702:

“A political party may choose to change from the nomination of candidates by primary election to the nomination of candidates by assembly… if at least three-fourths of the total membership of the party’s state central committee votes to use the assembly or convention nomination process.”

The law is clear: opting out doesn’t just “close” the primary to some voters—it eliminates the primary entirely.

What Opt-Out Actually Does

If the GOP opts out:

  • No Republican ballots are printed.
  • No Republicans receive a primary ballot in the mail.
  • No unaffiliated voters receive a Republican ballot.
  • All GOP nominees—from U.S. Senate to county commissioner—would be chosen solely through assemblies and conventions.

That means 4,000–5,000 delegates would pick our statewide candidates, and in some districts, fewer than 30 people would decide the Republican nominee for the state legislature.

In other words, Opt Out takes the ballot away from nearly one million registered Republicans, in addition to unaffiliated voters.

That outcome should not be confused with the alternative now before the courts. That’s what separates opt out from the lawsuit led by Sen. Lundberg. His case challenges Proposition 108 directly. If it succeeds, unaffiliated voters would be removed from party primaries, while Republicans would still receive their primary ballots.

The misunderstanding I see is that many Republicans think Opting Out will produce the same result as the lawsuit—it won’t.

Why This Matters

If the GOP opts out:

  • Military members overseas would lose their Republican primary ballot.
  • Seniors, rural voters, parents with young kids, and others who can’t attend an in-person assembly would be left out.
  • The burden of travel, missed work, and childcare would rest entirely on voters.
  • The party activists, not the Republican voters at large, would decide our nominees.

And perhaps the most important point: party leaders waste time and energy infighting over Opt Out when many of the people voting on the issue don’t even fully understand it. That energy could be spent growing our base, supporting candidates, fundraising, and winning elections!

Who Decides

The SCC—made up of your county chair, vice chair, secretary, and elected bonus members—has the legal authority to vote on whether the Colorado Republican Party opts out. Unfortunately, many members have been fixated on this issue for years—and often with a misunderstanding of what opting out really means.

If you are a Republican state central committee member, or a friend of one, it’s critical to understand the full picture. Do your homework, read the state law text, and know what you’re voting for!

Screenshots of Bluebook and State law below along with references:

Screenshot of Proposition 108 from 2016 Bluebook

Screenshot of Colorado Revised Statutes, Title 1 (2025), Section 1-4-702

https://rockymountainvoice.com/2025/02/24/lundberg-challenging-the-open-primary-system-in-colorado/

https://www.coloradopolitics.com/2023/08/02/colorado-republicans-file-lawsuit-to-prevent-unaffiliated-voters-from-participating-in-state-primaries-516ea0b4-30b1-11ee-814a-8f107e01bb6e

Proposition 108 from 2016 Bluebook

https://content.leg.colorado.gov/sites/default/files/images/2016_english_bluebook_for_the_internet.pdf

Colorado Revised Statutes, Title 1 (2025), Section 1-4-702

https://olls.info/crs/crs2025-title-01.pdf

Editor’s note: Opinions expressed in commentary pieces are those of the author and do not necessarily reflect the opinions of the management of the Rocky Mountain Voice, but even so we support the constitutional right of the author to express those opinions.

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