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Residency Challenge Filed Against Jessica Killin Days Before Election

Oct 30
3 min read

A last-minute legal challenge is adding another layer of controversy to Colorado’s closely watched 5th Congressional District race, with a petition filed in Denver District Court questioning whether Democratic candidate Jessica Killin meets the residency requirements to represent the district.


The petition, filed Oct. 28 by Wayne Laugesen, a former editorial page editor of The Gazette, argues that Killin may not meet the constitutional requirement to be an inhabitant of Colorado when elected to Congress. Laugesen is asking the court to review her residency records and determine whether she is qualified to serve.


At the center of the dispute is a Maryland property tax document dated Oct. 1 that reportedly identifies a home Killin owns with her husband in Chevy Chase, Maryland, as their principal residence. The couple also owns a home in Colorado Springs, which they purchased in June 2025.


The petition argues that the Maryland designation raises questions about where Killin maintains her primary residence. It also points to campaign finance records and other information that the petitioner says warrant further examination of her residency.


Killin’s campaign has pushed back against the allegations, maintaining that she is a Colorado resident and is qualified to serve. Her campaign provided a statement from elections attorney Mark Grueskin, who said Killin’s Colorado property, driver's license and tax records establish her residency in the state.


The campaign also said the legal challenge is politically motivated and described it as an attempt to undermine the election rather than address legitimate concerns about her qualifications.


The dispute comes with Election Day approaching Nov. 3, raising questions about whether the court will consider the petition before voters finish casting their ballots.


One significant issue is the timing of the challenge. Colorado law generally allows eligible voters to challenge a candidate’s qualifications within five days after the candidate is certified to the ballot. The state's general election ballot was certified Sept. 4, while the Maryland property tax document cited in the petition is dated Oct. 1.


Laugesen argues that the residency concern could not have been challenged within the original deadline because the document at the center of the dispute did not exist at that time. He is asking the court to consider the matter through an alternative legal argument as well.


The petition also requests that Killin provide additional documentation, including her Colorado voter registration, driver's license, 2025 tax returns and any Maryland homestead filings.


Federal constitutional requirements for members of the U.S. House include being at least 25 years old, having been a U.S. citizen for at least seven years and being an inhabitant of the state they represent when elected. The question of how those requirements apply to Killin's circumstances remains a matter of dispute.


Killin is challenging Republican incumbent U.S. Rep. Jeff Crank in a race that has drawn considerable attention across El Paso County. Colorado's 5th Congressional District has historically been a Republican stronghold, but the 2026 contest has emerged as one of the more closely watched congressional races in the state.


With ballots already in voters' hands and Election Day just days away, the court challenge could bring additional attention to an already competitive race. Whether the petition moves forward, and whether it has any effect on Killin's candidacy, remains to be seen.


Sources: Reporting and background information from KRDO, Complete Colorado, the National Archives and Colorado Revised Statutes, Section 1-4-501.


Photo Courtesy of The Denver Post.
Photo Courtesy of The Denver Post.

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