Illegal loyalty oath? (updated)

The RTD is reporting that the SBE approved the RPV’s request to close the March 6 primary and require a loyalty oath be signed in order to participate.


The relevant code section allowing this is here.

But wait! The code says:

The requirements applicable to a party’s primary shall be determined at least 90 days prior to the primary date and certified to, and approved by, the State Board.

Given that the primary is March 6, it seems that would mean that this should have been done by December 6 or so.

So not only is it unenforceable, it seems to be illegal.

UPDATE: As NotCatherineCrabill mentions below, the Republican State Central Committee approved this at their meeting on December 3. Further, I am told that the SBE parses the sentence above to mean that the 90 days applies only to the party’s action, and not theirs. So while the oath remains unenforceable, it appears to be legal.

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