Tuesday, August 27, 2013

Colorado: State Supreme Court rules that requirement to vote on Yes or No provision in recall is unconstitutional

As discussed last week, Colorado's recall law has run into a First and Fourteenth Amendment issue. In response to a prophylactic request by the Governor, the State Supreme Court has issued a 5-2 ruling holding that the provision is unconstitutional. I would imagine that this ruling will be similar to the California decision in 2003 and, since it was handed down early enough to change the language on the ballots, may not have much of a practical effect (especially since there seems to be only one replacement candidate on the ballot in each race). Add: I didn't mention that there could be an impact on the absentee ballot vote.

Here's a link to the decision (h/t Derek Muller's Excess of Democracy blog).

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