Summary
The Colorado Supreme Court reviewed a contested recall election in the Town of Center involving absentee ballots whose numbered stubs were inadvertently left attached during part of the counting process. The court held that this statutory procedural error did not violate the Colorado Constitution's ballot-secrecy provision because the ballots were not permanently marked for identification and the election remained secret when voters cast their ballots. The court reversed the district court's order voiding the election and directed entry of judgment recognizing the replacement candidates as duly elected.
Topics
Practice areas
Questions Presented
- Whether counting absentee ballots while statutorily required numbered detachable stubs remained attached violated Article VII, section 8 of the Colorado Constitution.
- Whether the statutory counting error or the possibility that ballots could have been identified required the recall election to be voided and a new election ordered.
- Whether Taylor v. Pile required invalidation of the election.
- Whether the district court properly reinstated the recalled officials and ordered a new election under the election-contest statutes.
Holdings
- The election officials violated statutory procedures by failing to remove the detachable stubs before counting the absentee ballots, but they did not violate Article VII, section 8 because the ballots were not permanently marked in a manner identifying them as belonging to particular voters.
- The election could not be voided based solely on the failure to remove the detachable stubs because the district court found no statutory cause for setting aside the election and no fraud, undue influence, or intentional wrongdoing affecting the result.
- Taylor v. Pile did not require invalidation of this election because Taylor applies where an election was conducted without a secret ballot or where the fundamental integrity of the election was compromised; the record established that voting was secret and that the counting error did not compromise the election's fundamental integrity.
- The district court's judgment was reversed, and the case was remanded for entry of judgment declaring Herman D. Sisneros, Edward W. Garcia, and Geraldine Martinez duly elected.
Key quotations
“Thus, although the election officials' actions violated statutory procedures governing ballot counting, they do not amount to a constitutional violation under Article VII, Section 8.” (470)
“We determine that, when properly interpreted, Taylor suggests that an election may be voided only where the election was conducted without a secret ballot.” (471)
“Based on the district court's findings in this case, we conclude that the fundamental integrity of the Town of Center recall election was not called into question, and, therefore, the district court erred in voiding the election.” (472)
Factual background
The Town of Center held a recall election involving its mayor and trustees, with most voters casting absentee ballots. During the count, election judges inadvertently left the numbered detachable stubs attached to absentee ballots while counting the recall votes, although the stubs were removed before later counting stages. The district court found that no election official or watcher accessed voter lists to identify ballots, no one determined how any voter voted, and the election was free of fraud or intentional violations of voter secrecy.
Procedural history
After a recount, Jones and Citizen Center filed an election contest challenging the recall election results, principally because election judges counted absentee ballots while numbered detachable stubs remained attached. Following trial, the Saguache County District Court found no fraud, intentional misconduct, or actual violation of ballot secrecy but nevertheless held that Article VII, section 8 of the Colorado Constitution had been violated, voided the election, and ordered a new one. The Supreme Court accepted jurisdiction, reversed, and directed entry of judgment declaring Sisneros, Garcia, and Martinez duly elected.
Remand instructions
Return the case to the district court for entry of judgment under section 31-10-1307 declaring that Herman D. Sisneros, Edward W. Garcia, and Geraldine Martinez were duly elected.