Today the Colorado Supreme Court held that Secretary of State Scott Gessler usurped legal authority when he passed an "emergency" rule that purported to allow unelected officials to simply ignore duly cast ballots for a school district director merely because they felt the director was not "qualified for office."
The court quite rightly held that Gessler was usurping the authority of the courts in allowing election officials to make such fundamental decisions.
If the court had ruled the other way, it would be like allowing those 2012 attempts in Arizona and elsewhere by local "birther" election officials to keep Barack Obama off the ballot.
The case is Hanlen v. Gessler, 13 SA 306:
http://www.cobar.org/opinions/opinion.cfm?opinionid=9312&courtid=2
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Our Sec O' State Scotty G exceeding his authority? Bending rules? Suppressing votes? I had never heard of this case, but nothing in it surprises me.
Except…why did he get involved in a school district board election? Was this a prelude to a Douglas County/ Jeffco style school board takeover?
Perhaps he learned about this strategy at a republican lawyers meeting in, let us say, Florida? Also, it could have been a part of the speech he gave at maybe a Florida meeting, the content of said meeting he does not recall?
Ethically speaking, he is toast, politically… we will see. Life is always interesting.
The school board election pitted a union-backed candidate against an anti-union pro-charter candidate. A week or so before the election, the union-backed candidate learned she did not reside in the district; the boundary had been redrawn and neither she nor the election official who certified her realized it until after the ballots had been printed and mailed. At first she said she would withdraw, but then she changed her mind and stayed in the race. Since she did not live in the district, she was not eligible to hold the seat.
The statutes said that if a candidate withdraws or dies before an election, votes cast for that candidate are void and will not be counted. If a candidate is ineligible, the votes are counted but the seat is considered vacant and filled according to the vacancy rules. If I remember correctly, the person chosen by a majority of the board would fill the position.
Gessler promulgated an emergency rule at 5:19 p.m. on election day that said when a candidate is determined to be ineligible, any votes for that candidate are void and will not be counted. The election officials did not count votes for the union candidate and the other candidate was elected. A challenge to the rule was filed and the district court ordered all votes to be counted. The union-backed candidate got 61% to the other candidate's 39%.
The Colorado Supremes said Scotty's emergency rule violated several statutes and invalidated it. There is another lawsuit going on in Broomfield to determine what to do about the seat. It was stayed until the Supremes issued their decision; it should start up again now.
A righteous spanking was administered to Scotty's hindquarters. The above is accurate to the best of my recollection without reviewing the decision, which I read yesterday. This is not legal advice, of course….
Thanks for a surprisingly easy to follow explanation.