Colorado Supreme Court
has found a provision of the recall election unconstitutional.
In a decision
that took one day, the court found that a vote for a successor candidate in the recalls of Senate President John Morse and Sen. Angela Giron must be counted — even if the voter did not also vote to recall the sitting senator. The decision, which was requested by Gov. John Hickenlooper
, runs contrary to the understanding of county clerks and of Secretary of State Scott Gessler
Gessler said he was glad the courts had decided the case quickly, and averted a post-election legal challenge that could have nullified the results. Clerks will follow the court's guidelines in tallying votes for the Sept. 10 election. If voters choose to recall Morse or Giron, the new procedure could help decide a successor.
Gessler statement on Supreme Court decision
Denver – The Colorado Supreme Court today ruled the requirement that voters must cast a vote on the recall question in order to have their vote counted for a successor candidate conflicts with the U.S. Constitution. Secretary of State Scott Gessler released the following statement:
“We thank the Justices for moving quickly and appreciate the clarity they have provided so that these elections can go forward. We continue our commitment to making these elections work while preserving the integrity that Coloradans expect.”