The Libertarian Party of Colorado filed suit in Denver District Court Friday, seeking immediate relief from the inherent conflicts in and unlawful implementation of HB 1303, the Voter Access and Modernized Elections Act. It is also widely known as the Voter Fraud Bill for its “catch me if you can” approach to voting integrity. The suit claims that the new law disenfranchises voters because of the way it changes residency requirements. Since the requirements of the law conflict with local election codes, county clerks have implemented the law in different ways, making things even worse. The defendants in the case are Secretary of State Scott Gessler, county clerks Gilbert Ortiz (Pueblo County), Wayne Williams (El Paso), Jack Arrowsmith (Douglas), and Matt Crane (Arapahoe), representing a defendant class of all Colorado County Clerk & Recorders.
The new election law was the subject of a previous Libertarian lawsuit in August, when the party and two prospective candidates sued Secretary Gessler and two county clerks over the provisions in the law that contradicted the deadline established in the Colorado Constitution for successor candidates’ petitions. Denver District Judge Robert McGahey’s ruling upheld the Constitution, allowing fair access to the ballot by all potential candidates and forcing the recall elections to be conducted in the traditional manner at polling places rather than by mandatory mail ballot.
As with the previous suit, this one will not delay the election, but it does ask for certain races to be voted on again if the number of any improper ballots cast is found to exceed the margin of victory.