Colorado State Court Says Secretary of State Can’t Invalidate Signatures Based on Which Candidate Submitted Petition First

On June 25, a Colorado State District Court put Jennifer Coken on the Democratic primary ballot for State House, 4th district.  Her petition had been invalidated because the Secretary of State had ruled that she didn’t have enough valid signatures.  But, the Judge restored signatures of voters who had signed Coken’s petition, and had also signed a petition for one of her opponents.

The Secretary of State had credited the signatures of voters who had signed both petitions to Coken’s opponent, because the opponent had submitted her petitions first.  But, the judge said there is no statutory authority to do that.

The judge also restored some signatures that had been invalidated because her circulator had moved during the petitioning process.  See this story.  The Secretary of State plans to appeal to the State Supreme Court.

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