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A Douglas County voter filed suit on Wednesday seeking to prevent the Colorado secretary of state from placing Democrat Trisha Calvarese's name on the special election ballot to fill the remainder of former Republican U.S. Rep. Ken Buck's term.

James Glasser, a Castle Rock resident, argues in the lawsuit filed in Denver District Court that Calvarese doesn't meet statutory and party bylaws requirements that congressional nominees must be registered Democrats in Colorado for at least 12 months prior to their nomination.

The state Democratic Party and Calvarese say they're confident she meets the requirements. A spokeswoman for Calvarese said the candidate plans to contest the lawsuit's claims in court.

A spokeswoman for Colorado Secretary of State Jena Griswold said in an email to Colorado Politics on Thursday afternoon that the department hasn't been served with the lawsuit and so has no comment.

The lawsuit asks the court to issue an order preventing Griswold, Colorado's top election official, from certifying Calvarese as the Democratic nominee on the ballot. Under state law, the secretary of state has until April 29 to certify the ballot.

Calvarese won the Democratic nomination in an online convention on April 4 to run in the June 25 special election, which was triggered when Buck resigned from Congress last month.

A week earlier, Republicans nominated Greg Lopez, a former Parker mayor and two-time gubernatorial candidate, to run in the special election to fill the vacant U.S. House seat.

The special election only the second in state history will take place concurrently with the state's primary election, which will pick the major parties' nominees to run in November for a full term representing the 4th Congressional District, which covers Douglas County and Colorado's Eastern Plains.

Calvarese, who grew up in Colorado, moved to Highlands Ranch from Virginia last fall to care for her ailing parents. She registered to vote in Colorado in December.

"Im in compliance with the statute," Calvarese told Colorado Politics in a text message. "Ive been registered as a Democrat since college. I'm running for the people because they want, need, and deserve someone with values like truth, election integrity, and democratic process."

Glasser's lawsuit, filed by attorney John S. Zakhem, cites a state law that says a party's nominees "must be affiliated with the party for at least twelve consecutive months prior to the date the convention begins, as shown in the statewide voter registration system."

Noting that state law allows political parties to supersede certain statutory requirements, the lawsuit also points to the party's bylaws, which says nominees must be members of the Colorado Democratic Party for at least 12 months prior to the convention.

Glasser didn't respond to a phone call seeking comment.

"Im shocked that the Democrats didnt catch this," Zakhem told Colorado Politics after the lawsuit had been filed.

Colorado Democratic Party Chair Shad Murib told Colorado Politics that the party hadn't missed anything.

CDP rules are clear that a candidate simply has to be a Democrat for at least 12 months immediately preceding the convention," Murib said in a text message.

"Ms. Calvarese says she meets this requirement. There is no residency requirement for Congress that prevents her from being the nominee.

The state Democrats' rules committee chair, Josh Trupin, said the party rules cited by Calvarese's critics don't apply to the circumstances surrounding the special election.

CDP Rule 4.9, Vacancy in Office, applies only to offices held by Democrats within the state of Colorado," Trupin said in a text message. "The procedure to nominate a candidate for a special election is statutorily separate and unique (CRS 1-12-202). The CDP does not have rules specific to vacancy in Congress as it had not occurred since 1983, but the residency requirements in 4.9 are not applicable.

Colorado Republican Party Chairman Dave Williams told Colorado Politics that he expects all candidates to meet legal requirements and urged the court to resolve the question quickly.

We certainly hope and expect all candidates, regardless of party affiliation, to meet all legal requirements for ballot access and hope this issue is resolved by the court soon so voters have certainty about the special election before June," Williams said in a text message.

Added Williams: "Regardless of the outcome, Greg Lopez will be elected to fill the remainder of Ken Bucks unexpired term.

Calvarese is among three Democrats seeking their party's nomination to the 4th CD's primary ballot at an online assembly scheduled for Thursday evening, along with John Padora and Karen Breslin.

Ike McCorkle, the party's 2020 and 2022 nominee for the seat, qualified for the primary by petition on Wednesday. After learning he'd made the ballot, he said he would skip the assembly.

Lopez, the GOP nominee for the special election, isn't running in the primary. Describing himself as a "placeholder" candidate, Lopez said he would only serve through the end of the year, letting primary voters pick Buck's successor.

As many as eight candidates could qualify for the GOP primary in the district.

Republican U.S. Rep. Lauren Boebert who moved into the district earlier this year from the more competitive seat she's represented for two terms qualified by petition last month and went on to win top-line designation at the GOP's district assembly on April 5.

Republican candidates who have qualified for the primary by petition include former U.S. Senate candidate Deborah Flora and state Reps. Richard Holtorf and Mike Lynch. Four more petitioning candidates are awaiting rulings from the Secretary of State's Office on the signatures they submitted by last month's deadline.

Editor's note: This developing story will be updated.

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Lawsuit seeks to prevent Democrat Trisha Calvarese from appearing on Colorado's 4th CD special election ballot - coloradopolitics.com

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