Topeka ? A state judge today said he will rule this week on whether the Kansas Republican Party must open its Aug. 3 primary to independent and unaffiliated voters.

State District Court Judge Charles Andrews made the announcement following hour-long oral arguments on the case that pits a group of Republicans against the state party’s chairman, Dennis Jones.

Last month, Jones decided to allow unaffiliated voters to participate in the GOP primary.

Susan Estes, the 4th Congressional District Republican chairwoman, sued, saying that Jones overstepped his authority in making the change.

Jeff Goering, an attorney representing Estes, said the state Republican Party’s bylaws and constitution dictate that a policy decision to open up the primary should have been made by the party’s state executive committee.

Jack Focht, an attorney representing Jones, however, said the party chairman has inherent powers that allow him to make the decision.

Judge Andrews has issued a a temporary order preventing unaffiliated voters from casting ballots in the Aug. 3 election. Goering and Estes are seeking to make the order permanent.

The secretary of state’s office said it needs to have a decision before July 14 when advance ballots become available.

Andrews said he will rule Wednesday or Thursday.