Update on Court Hearing
Updated: 7 days ago
We told you in a previous post that Rep. Bob Marshall (HD43-Highlands Ranch) filed a lawsuit challenging the legality of the commissioners’ changes to 3 to 5 ballot language.
In a hearing on September 11th, Marshall’s requests for relief were denied, but not based on their merits.
The judge ruled that Marshall’s first claim regarding the added language to the citizen-led ballot measure was time-barred. The law states that the claim needs to be filed within 5 days of the ballot title being set. Marshall argued that it was 5 days from when the clerk sets it; the county’s attorneys argued that it’s 5 days from the commissioners' resolution. The judge sided with the county.
On the second claim, which challenged the validity of the commissioners’ competing, stand-alone ballot measure, the judge determined that she had no authority under Colorado law to rule on the matter.
After the hearing, Angela Thomas, 3 to 5 organizer, said,
“Both the Colorado Attorney General and the Secretary of State have said they have no authority over the Board of County Commissioners in this matter. Now the court says it also lacks authority under Colorado law.
This means the Board can run roughshod over the people of Douglas County unless we stop them at the ballot box.”
And that’s what we’re determined to do
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