Topeka ? A Shawnee County judge has scheduled a July 6 hearing on whether unaffiliated voters will be allowed to participate in this year’s Republican primary.

District Judge Charles Andrews issued an order last week preventing unaffiliated voters from casting ballots in the Aug. 3 election. However, Andrews’ decision was to remain in effect only until he considered a lawsuit on the issue.

Susan Estes, the 4th Congressional District Republican chairwoman, sued both state GOP Chairman Dennis Jones and Secretary of State Ron Thornburgh after Jones decided to allow unaffiliated voters to participate.

Andrews on Monday set the schedule for the case, and attorneys on both sides said having a hearing July 6 suggested the judge wanted to issue a decision before county clerks began sending advance ballots to voters on July 14.

“I think the judge wants to get it over and done with,” said Kent Vincent, a Topeka attorney representing Estes.

Kansas has about 399,000 registered-but-unaffiliated voters, compared with 716,000 Republicans and 422,000 Democrats, according to the Secretary of State’s Office.

Many Republicans and some political scientists have speculated that opening the GOP primary to unaffiliated voters would help moderate candidates and hurt conservatives.

State law has mandated closed Republican and Democratic primaries since 1908. However, after a federal appeals court ruling in April, Thornburgh concluded the parties — not the state — must be allowed to decide who participates in their primaries.

Both parties opted to open their primaries to unaffiliated voters.

The Democrats’ state executive committee voted on the issue, and the decision is not being challenged.

However, Jones made the decision for the GOP himself after consulting other Republicans. Estes contends such a decision requires the party to amend its constitution, which requires a state convention. Jones argues the chairman has the power to make such a decision.

Estes originally sued Jones in Sedgwick County District Court and filed a separate lawsuit against Thornburgh in Shawnee County District Court.

However, attorneys in the Sedgwick County case agreed last week the two lawsuits should be combined.

They added Jones as a defendant in the Shawnee County case, and Sedgwick County District Judge Richard Ballinger on Friday dismissed the case in his county.