Saturday, April 21, 2007

Did the Clerk & Recorder election break election laws?

According to former Denver Election Commissioner Jan Tyler, Denver's January 2007 election violated Ordinance #851. It was conducted after just 30 days notice, yet the controlling ordinance requires at least 60 days notice.

Dear Denver wonders "What if, on May 1, a judge declares Denver's January special election void?"

In essence, the judge would have to decide whether the election violated city election laws. And if so, what's the remedy?

It's possible that our current Clerk & Recorder race between Stephanie O'Malley and Jacob Werther would be for a non-existent seat. We'd have to have another special election to validate the need for an elected Clerk & Recorder, and one more special election for the potential candidates for this seat. All of this would be the result not of some "mad" judge, but of the city's failure to follow its own ordinances.

What a shame. But what a question. Where do you think it'll land?

More details available from Lisa Jones in "Can An Election Be Nullified"?

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