Libertarian Party of Colorado Sues Secretary Gessler and Four County Clerks over New Election Law Implementation Denver, Colorado -- the Libertarian Party of Colorado has filed suit today in Denver District Court challenging several provisions of the recently passed election reform law, HB13-1303, known as The Voter Access and Modernized Election Act. The lawsuit will not delay the election, but does ask for certain races to be voted on again if the number of any improper ballots cast is found to exceed the margin of victory. Jeff Orrok, State Chair of the Libertarian Party, urges all voters to confirm that their ballots include every office and question allowed by Colorado law, and only those offices and questions. The new election law was the subject of a previous Libertarian lawsuit in August, when the Libertarian Party and two prospective candidates sued Secretary Gessler and two county clerks over the provisions in the law that contradicted the deadline established in the Colorado Constitution for successor candidates' petitions. Denver District Judge Robert McGahey's ruling upheld the Constitution, allowing fair access to the ballot by all potential candidates and forcing the recall elections to be conducted in the traditional manner at polling places rather than by mandatory mail ballot. "As voting for the November election got underway and we began to discover the multitude of contradictory interpretations of residency requirements that several county clerks were making, it became clear that we had to step in again and try to address the problems in this deeply flawed legislation," remarked Orrok. "Residency issues are only the tip of the iceberg. The problems with this 104-page law are numerous and complex -- this is not something that can be summed up with a single sound bite, and anyone who tries will only add to the confusion." "We are seeing partially-disenfranchised voters throughout the state and election violations at every level of government, from municipal charters, to other state statutes, all the way up to the Colorado and U.S. Constitutions," said Orrok. "It also creates problems for ballot secrecy and voter privacy. The only good thing -- if it even can be called good -- about this law is that it took effect in an off-year election rather than in a general election where state and federal offices are at stake." The law was sponsored by Representatives Dickey Lee Hullinghorst (D, Boulder) and Dan Pabon (D, Denver) and now-recalled Senator Angela Giron (D, Pueblo). The bill was passed in both chambers on a straight party-line vote and signed by Democratic Governor John Hickenlooper in May of this year. Lu Ann Busse and Victor Head, both registered Republican voters, are listed as co-plaintiffs in the lawsuit. Busse stated, "I'm proud and honored to be a co-plaintiff challenging the constitutional and statutory conflicts in the Voter Access and Modernized Election Act of 2013. My co-plaintiffs and I are standing up and fighting for the rule of law rather than letting the Democratic legislators saddle Colorado with another unconstitutional and freedom squelching piece of legislation that is fundamentally flawed and violating voters' rights." Victor Head, founder of Pueblo Freedom & Rights, the organization that initiated the recent recall of Senator Giron, said, “The experience of the Giron recall election demonstrated to me that Colorado’s election laws and the current election practices in Pueblo County in particular must be challenged to ensure that all eligible voters have the opportunity to vote, and have their votes counted accurately. I am taking this legal action to help vindicate the rights of all Colorado voters to fair elections with understandable and uniform rules. I am concerned about the trampling of Pueblo’s City Home Rule Charter voter eligibility requirements, as determined by the voters of Pueblo. Clerk Ortiz has joined other officials in the state to apparently disregard the eligibility requirements embedded in the mandates the people gave their local cities and towns. The rights of local control should not be compromised for the administrative convenience of election officials.” Shawn Mitchell, Broomfield-based attorney for the plaintiffs, commented, “I’m proud to represent a diverse group of Colorado voters whose voting rights are injured by inconsistent and unfair application of the deeply flawed new election law.



As a former 14-year Colorado legislator, involved in the passage of many election bills, I’ve never seen voters’ rights and election integrity so ignored and abused. There was an agenda of reckless disregard for the impact on voters, candidates and citizen petitions.



The new law was introduced late in the session and crammed through over serious public outcry about bad drafting and unintended consequences. There are terrible impacts on average citizens and their local governments, conflicts with most local governments’ eligibility requirements for voting, and even constitutional violations.



Election officials across the state are confused and making different decisions, so voters can’t even be sure how the law will affect their voting rights. Some people who move or change their registration are actually disenfranchised. In other cases ineligible voters are given ballots and allowed to vote.



The November non-partisan coordinated election is really about community self-governance. These elections are made up of over 1,000 local non-partisan contests for hundreds of towns, cities, school districts, library districts and fire districts, and have direct impact on the affairs of local governments and their citizens.



We’ll bring to the court’s attention the problems and confusion from cramming this new law on top of the current election code. We’ll ask the court to make sure people who are entitled to vote can, and those who shouldn’t, don’t.



Coloradans deserve far better than the “Voter Access and Modernization Act.” It makes a mockery of the peoples’ ability to freely express their collective will and be confident in the elections integrity. We anticipate the court’s guidance will help election officials collaborate on solutions that restore integrity and confidence in the election process.” The Libertarian Party of Colorado encourages all Coloradans to take a principled stand for clean, private, secure elections at every level of government and to support candidates who are committed to safeguarding the rights and liberties that have been dearly won throughout the history of our great nation but are increasingly in danger of disappearing through the amassing of power by those in the entrenched political class. LINKS: Complaint - Motion for Forthwith Hearing



Click here to view this Press Release on our Blog For more information, contact:



Jeff Orrok, State Chair

statechair@LPColorado.org

303-995-0138



Matthew Hess, Communications Director communicationsdirector@lpcolorado.org

303-747-5607



Lu Busse

lubusse4co@q.com

720-291-8894



Victor Head

PuebloFreedomAndRights@gmail.com

307-399-8243



Shawn Mitchell, Esq.

sdmitchelllaw@gmail.com

303-946-6507