August 21, 2019

Colorado Supreme Court: Unqualified Candidate Legally Elected Because She Received the Most Votes

The Colorado Supreme Court issued its opinion in Figueroa v. Speers on Monday, March 2, 2015.

Election Law—Candidate Elected But Unqualified to Serve.

In this election contest, the Supreme Court considered whether a candidate in a nonpartisan election was legally elected despite not meeting the residency requirement to serve the position, and if not, whether her only opponent was thereby legally elected. The Court held that the unqualified candidate was legally elected despite not meeting the residency requirement, because she received the most legal votes and her certification to the ballot was not challenged in court before the end of election day. Consequently, the candidate’s opponent was not legally elected. Because the candidate who was legally elected is not qualified to serve in the office for which she was elected, the Court upheld the trial court’s declaration of a vacancy in the contested office. The district court’s judgment was affirmed.

Summary and full case available here, courtesy of The Colorado Lawyer.

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