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Court issues guidance to count Colo. recall votes

Published On: Aug 27 2013 03:58:09 PM CDT

KRDO.com

DENVER -

The Colorado Supreme Court says voters in two legislative recalls don't have to vote "yes" or "no" first on the recall to have their votes for a successor validated.

The court said Tuesday that a state constitutional requirement saying voters must first vote on the recall before voting for a candidate violates rights to voting and expression under the U.S. Constitution. The opinion came in response to a question from Gov. John Hickenlooper.
    
The governor said in a filing through the state attorney general that the question is important because the Sept. 10 elections could require a recount or even be invalidated if someone raises a legal challenge afterward.
    
A nearly identical challenge to California election law was declared unconstitutional in 2003.
    
Election ballots were expected to be printed Tuesday.

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