From: Rep. Matt Soper <This email address is being protected from spambots. You need JavaScript enabled to view it.;
Sent: Tuesday, September 14, 2021 7:39 AM
Subject: this legal?

Would you expect Apple to allow Microsoft shareholders to have a say in how they conduct their business affairs or vice versa?

Or would it make sense for the Las Vegas Raiders or Kansas City Chiefs to help pick the Broncos starting quarterback?

The answer is obviously, NO.

Under the same logic, I urge you to join me in opting out of the open primary on September 18, 2021.

The general issue is whether Republicans want to select Republicans again, as the current system has resulted in the Democrats achieving the largest majority in state history and putting Colorado on the fast track to become California 2.0.

As a highly educated legal scholar, it’s essential for me to share with you the factual legal basis for such a move and flesh out details about what’s being proposed.

First, Colorado Revised Statutes in 1-4-702 allows the Colorado Republican Party to nominate our candidates to the general election through an “assembly or convention” process.

This law was passed by the voters in 2016 through proposition 108.

It’s essential to stress that the majority of Colorado voters permitted us to opt-out of the open primary if we met a certain threshold laid out in state law.

As a result, if we opt out, we respect the will of Colorado voters and have their full consent.

Second, Colorado Revised Statutes place no limitation on the Colorado Republican Party to determine the number of delegates we wish to seat at our assemblies.

If Colorado Republicans make the right decision to opt-out, we should immediately move to increase the number of delegates at these nomination assemblies to increase participation and engagement.

Third, if Colorado Republicans opt-out and nominate our candidates through an “assembly or convention” process, as detailed in state law, all GOP nominees will have been legally nominated and secured a spot on the general election ballot.

Anyone claiming this isn’t true is not doing an honest reading of CRS 1-4-702. It reads:

“A political party nominating candidates by party assembly or convention shall nominate the candidates of the party and make such nominations public not later than seventy-five days before the general election.”

Thus, as long as our nominations are filed no later than 75 days prior to Election Day in November, the Republican Party WILL BE REPRESENTED on the general election ballot.

It’s also important to stress that at least one other minor political party in Colorado has opted out of the open primary system, and they have not had any problem obtaining access to the general election ballot for their nominees as a result.

It’s impossible to suggest this would be any different for the Colorado Republican Party.

Aside from the legal analysis of this move, the next question becomes how do we do this ourselves?

The answer is surprisingly simple. We are already organizing and paying for the 2022 caucus and assembly statewide.

You see, the grassroots caucus is going to happen regardless of what we decide on September 18th.

We can easily convert our assemblies from a ballot access contest to a nominee designation system by merely changing our party rules. Logistically, everything else could proceed as it would normally.

However, the better option would be to utilize 21st-century technology to minimize cost while expanding delegate participation.

We already know we can do this because the Colorado Republican Party did this during the 2020 cycle due to the COVID lockdowns.

The 2020 state assembly was completely virtual, with no significant setbacks to speak of.

In fact, we had greater voter engagement as candidates were considered because people were allowed to vote from the comfort of their homes, either on a computer or smartphone.

We could just as easily rewrite party rules to allow for both online and in-person voter participation.

There should be no problem if we put safeguards in place to maintain election integrity and vet virtual voting platforms to ensure every legal vote is counted.

It’s important to stress again that we’ve already done this before, and it was successful.

Swing states like Iowa have held closed caucuses for decades, and their GOP is thriving. We can replicate that model and be just as successful.

As it stands now, Colorado Republicans are losing under the current broken open primary system. So, my question to you is… what do we have to lose?

After all, this opt-out would only be for one cycle at a minimum before reverting to the status quo.

Why not kick the tires and try it out for a test drive?

This is a big decision. That’s understandable, but given all the facts, it’s an excellent first step in turning Colorado around and winning again.

Please join me and the hundreds of CRC State Central Committee Members who are voting to opt-out of the failed open primary scheme.

I greatly appreciate your consideration of this important topic.

You were mailed a proxy form and reply document for your convenience. 

Please let us know where you stand and if you can make it on September 18th, as we are more than happy to help ensure your voice is heard in person or by proxy.

Take care,
Matt Soper (R), LLB, LLM
State Representative, House District 54
Colorado General Assembly