Colorado Libertarian Party v. Secretary of State

specially concurring:

The Colorado Libertarian Party (CLP) and Robin Heid appeal the district court’s ruling upholding the unaffiliation requirement of section 1 — 4—801(l)(i), IB C.R.S. (1980), against constitutional attack under the First and Fourteenth Amendments to the United States Constitution and Article II, Section 5 of the Colorado Constitution. I agree with the court’s result in this case, but specially concur because my analysis is different. There is no violation of appellants’ right to equal protection of the laws because the CLP and the existing political parties are not…