Colorado State Court Uses “Substantial Compliance” Standard to Uphold Legislative Recall Petitions

On July 18, a Colorado state district court upheld the validity of two recall petitions. The petitions are intended to require recall elections for two state legislators. The legislators had sued, saying the petitions are invalid because some of the mandatory wording was omitted. But the court ruled that the petitions substantially comply, and that the recall committees had depended on the template that had been furnished by the Secretary of State’s office. See this story. No Colorado legislator has ever before been recalled. The recall petitions are set for September 10.


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