The Colorado Election Law, HB13-1303 Voter Access and Modernized Elections Act of 2013, passed in haste last legislative session on a straight party-line vote (the Senate sponsors of the bill, Angela Giron and John Morse, were subsequently removed from office in Colorado’s first legislative recall elections in state history) has once again been challenged in court. The Libertarian Party of Colorado, joined by several individual plaintiffs, filed suit in Denver District Court (Saturday, 2 November 2013) seeking to ensure that voters in this year’s coordinated (nonpartisan) municipal and special-district (including school board) elections were able to vote – and only able to vote – on those races for which they were eligible under state statute and the provisions of the Colorado Constitution.
The Complaint addresses provisions of constitutional language and previously existing statutory language conflicting with the recently-enacted legislation (HB13-1303) – in particular, different registration and residency requirements for voting on local elections and ballot questions.
… This most recent challenge to HB13-1303 Voter Access and Modernized Elections Act of 2013 highlights the deficiencies in the hastily-enacted legislation, which has already seen elements of the law set aside in previous court challenges. Whether or not any results of the current election will be delayed or set aside depends on the number of potentially invalid votes cast (and the judge’s interpretation of both fact and applicable law).
It IS apparent that the conflicting provisions of the election legislation are likely to continue to draw successive court challenges unless addressed – and corrected – in the upcoming legislative session.