Filed Date: July 30, 2018
Closed Date: Nov. 14, 2018
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This is a case about the constitutionality of Colorado’s “sore loser” law, the law that prohibits a losing candidate in a primary election from running as an independent in the general election.
On July 20, 2018, the individual candidate filed the complaint pro se against the Colorado Secretary of State in the District Court of Colorado. Plaintiff alleged that the state's “sore loser” laws were unconstitutional in light of the plaintiff being deemed ineligible for the general election, on account of the plaintiff previously being an unsuccessful anonymous write-in candidate in the open primary election. Plaintiff challenged Colorado Revised Statutes (CRS) § 1-4-105 as an unconstitutional abridgement of the plaintiff’s Article I right to qualify for office, First Amendment rights to speech and freedom of association, Due Process and Equal Protection under the 14th Amendment, and the statutory prohibition of deprivation. Plaintiff sought declaratory and injunctive relief namely that, (i) a declaratory judgment that CRS § 1-4-105, as enforced by the Colorado Secretary of State / defendant violates Article I § 2 cl. 2 and (ii) a permanent injunction directing the Colorado Secretary of State, and all of defendant's agents from enforcing CRS § 1-4- 105. Further, the plaintiff sought preliminary injunctive relief as the State of Colorado was due to hold the general election on 6th November, 2018, arguing that there was insufficient time between the date of filing of the complaint and when the election-machinery began in order for the plaintiff to obtain an adequate remedy. The case was assigned to Magistrate Judge Kathleen M. Tafoya.
On 29th August 2018, Magistrate Judge Kathleen M. Tafoya issued an order denying the plaintiff’s motion to expedite the scheduling conference or discovery and granted the Colorado Secretary of State an extension to answer the complaint.
On 5th September 2018, the Plaintiff filed a motion for interlocutory appeal and request for a writ of mandamus in order to compel declaratory and injunctive relief and convene an En Banc panel hearing in the 10th Tenth Circuit federal Court of Appeals (docket no. 18-1363). After reviewing the status of the district court proceedings and the notice of appeal, the motion was dismissed by Circuit Court judges, Lucero, Bacharach, and Carson on 20th September, 2018 for lack of appellate jurisdiction as the August 29 interlocutory order was not deemed immediately appealable.
On 12th September 2018, the Colorado Secretary of State filed a motion to dismiss stating that Colorado’s so-called “sore loser” law expressly limits candidates to one bite at the apple, and the Constitution permits this reasonable, non-discriminatory ballot access requirement, which furthers Colorado’s critical interest in regulating the election process and prevents voter confusion.
On 21st September, 2018, the Plaintiff filed an opposition to the Colorado Secretary of State’s motion to dismiss, which was replied to by the Colorado Secretary of State on 9th October, 2018. On 7th November 2018, the Plaintiff filed a support to the Colorado Secretary of State’s motion to dismiss stating that the issue of the plaintiff’s eligibility as a write-in congressional candidate was then moot and concurred that dismissal of the complaint was warranted.
On 14th November, 2018, Chief Judge Marcia S. Krieger dismissed the matter without prejudice in light of the plaintiff’s motion in support filed on 7th November and as the defendant had not submitted an answer or summary judgment motion.
This case is closed.
Summary Authors
Anindya Roy (7/25/2024)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7678160/parties/murphy-v-williams/
Krieger, Marcia S. (Colorado)
Murphy, Marcus A. (Colorado)
Buckley, Emily B. (Colorado)
See docket on RECAP: https://www.courtlistener.com/docket/7678160/murphy-v-williams/
Last updated Aug. 9, 2025, 9:05 p.m.
State / Territory: Colorado
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: July 30, 2018
Closing Date: Nov. 14, 2018
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Plaintiff is a registered Colorado voter affiliated with the Democrat Party. Plaintiff unsuccessfully ran for congressional office in the 2018 Democratic primary election as a write-in candidate. Plaintiff was seeking relief to run for the same office as a write-in candidate in the general election through this compliant.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: Yes
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Colorado Secretary of State defending election administration (Colorado), State
Case Details
Causes of Action:
Constitutional Clause(s):
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Outcome
Prevailing Party: Defendant
Nature of Relief:
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Form of Settlement:
Issues
Voting: