Colorado Supreme Court Strikes Down Law Requiring Voters to Vote on Recall if they Wish to Also Vote on Replacement Candidate

On August 27, the Colorado Supreme Court struck down a state law that said if voters in a recall election fail to vote on whether the officer should be recalled, then they may not vote on the second half of the ballot. The second half of the ballot asks, in case the recall succeeds, which candidate should replace the recalled officer. The Court did not explain its reasoning, but said it would do so later.

This opinion does not stop the September 10 recall of two State Senators; it just clarifies that ballots are valid even if the voter leaves the top half blank. Thanks to Rick Hasen for this news.


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