Colorado Supreme Court Explains Why it Struck Down Voting Restriction Involving Recall Elections

On October 21, the Colorado Supreme Court released a full opinion in In re Interrogatory Propounded by Governor Hickenlooper, 13-SA-214. The Colorado Constitution says that a voter who fails to vote on whether or not to recall an official may not vote on who should fill the vacancy created by the recall. The Colorado Supreme Court invalidated this part of the state Constitution. The vote was 5-2. Here is the opinion.

The Court had already decided this issue before the recent recall elections for two State Senators, but only now has the Court explained its reasoning. The decision will be a good precedent within Colorado in the future, because it stresses the freedom for voters to vote freely.


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