Case Summary
LWVCO filed a federal lawsuit asserting that a new law allowing vacant state legislative seats to be filled in elections in which only voters from the previous party that held the seat and independents could vote was unconstitutional. LWVCO argued the law violated the First and Fourteenth Amendments of the United States Constitution and Article 2 Section 5 and Article 7 Sections 1 and 11 of the Colorado Constitution.
Like many states, Colorado's legislature is a part-time body. Legislators have two regular sessions per year, lasting no longer than 120 days, and will be paid approximately $50,000 a year starting in 2027, up from a current annual salary range of $43,000 to $48,000. Many legislators often resign during their term, which means vacancies are a common occurrence.
Historically, vacancies in legislative seats were filled by vacancy committees in each legislative district. These committees, made up of political party insiders, which ranged in size, from a few dozen to up to 100 members.
In 2025, the legislature passed House Bill 25-1315, which changed the process for filling vacancies. Depending on the time a vacancy occurred, the seat would be filled via a special election, in which only registered members of the previous officeholder's political party and registered independents could vote. The winner would be allowed to vote on laws affecting all Coloradans. In certain conditions, political parties could also choose not to have a vacancy election at all and instead appoint a replacement legislator until the next regularly scheduled election. A table depicting the various scenarios for filling vacancies under HB 25-1315 is depicted below.
On May 15, 2026, the League of Women Voters of Colorado and two individual plaintiffs filed a federal lawsuit in the United States District Court for the District of Colorado. LWVCO argued HB 25-1315 violated the First and Fourteenth Amendments of the United States Constitution and several clauses of the Colorado Constitution, by excluding voters from vacancy elections without any legitimate government purpose. LWVCO asked the court to declare HB 25-1315 unconstitutional and bar the operation of the provisions for one party elections.
LWVCO was represented in this matter by Bryan Sells and McDermott, Will and Schulte.
LWV Timeline
H.B. 25-1315 is signed into law
Governor Jared Polis signs H.B. 25-1315 into law.
LWVCO files lawsuit
LWVCO and two individual plaintiffs file a lawsuit, asserting that HB 25-1315 violates the United States Constitution and Colorado state constitution.