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Order in Adams 12 Election Dispute

Order in Adams 12 Election Dispute

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Published by Michael_Lee_Roberts
Order in Adams 12 Election Dispute
Order in Adams 12 Election Dispute

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Published by: Michael_Lee_Roberts on Jul 21, 2014
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1 DISTRICT COURT, COUNTY OF CITY AND COUNTY OF BROOMFIELD, STATE OF COLORADO Court Address: 17 DesCombes Drive Broomfield, Colorado 80020
COURT USE ONLY
 
 ENRICI FIGUEROA, BRIAN VANDE KROL, JOSEPH HOLT, MARK RULE and MELISSA WILLS, Plaintiff/Contestors, and SCOTT GESSLER, in his official capacity as Colorado Secretary of State, Intervenor-Plaintiff/Contestors, v. AMY SPEERS Defendant/Contestee KAREN MARQUEZ, NICOLE S. HANLEN, JAMES JOY and DAVID J. RODENBAUGH, Intervenor-Defendants/Contestees.
Case No. 13CV30306 Division B ORDER
This matter coming on for hearing on the Plaintiff/Contestors’ Verified Statement of Contest to Election Under C.R.S. §§ 1-11-201 et seq. on the 8
th
 day of July, 2014 the Court having reviewed the Verified Statement, the Answer, the Stipulated Facts submitted by the parties, the deposition testimony and attached exhibits, the Briefs of the
DATE FILED: July 11, 2014 11:18 AM CASE NUMBER: 2013CV30306
 
2  parties, the Court’s file, having heard the arguments of counsel, and deeming itself fully apprised in the premises, DOTH FIND AND CONCLUDE: This action arises out of an election held on November 5, 2014 for the position of director for the Adams County School District 12 Board of Education. The facts relevant to the determination of this case are not in substantial dispute. Plaintiff/Contestor Enrico Figueroa (hereinafter referred to as “Figueroa”) and Defendant/Contestee Amy Speers (hereinafter referred to as “Speers”) were both applicants seeking appointment to the Adams County School District Board of Education for a vacancy on the board that occurred in 2011. Both Figueroa and Speers resided within the boundaries of Director District 4 at that time. The board of education appointed Figueroa to fill the vacancy and his term was to expire after the November, 2013 election. In 2012, the Adams County School District 12 Board of Education redrew the  boundaries for the director districts as required by § 22-31-110, C.R.S. Neither Figueroa nor Speers had changed their residence from the date of their efforts to be appointed to the board of education at the time that the director vacancy was filled in 2011. However, as a result of the realignment of the district boundaries that took place in 2012, Speers’ residence was in Director District 2 at the time of the 2013 election. In August 2013, both Figueroa and Speers submitted petitions to be candidates for the Director District 4 position. Each signed a candidate affidavit representing that they met all qualifications for election to the director position. In her deposition Speers testified that she believed that she resided within the boundaries of Director District 4 at the time that she signed her affidavit and submitted her petition. In her deposition,
 
3 Speers testified that at the time that she submitted her petition and affidavit, she was unaware of the realignment of the district boundaries in 2012. Speers testified that she  believed she was a resident of Director District 4. The designated election officer for Adams County School District 12 was the  board secretary, Frances E. Mullins. Pursuant to § 1-4-907, C.R.S. Ms. Mullins accepted the nominating petitions for both Figueroa and Speers. As the designated election officer, Ms. Mullins reviewed the petitions for sufficiency and notified both Figueroa and Speers that the petitions were sufficient pursuant to § 1-4-908(3), C.R.S. The names of  both candidates were certified to the ballot pursuant to § 1-4-908(3), C.R.S. Since the election was a coordinated election, the Adams County Clerk and Recorder County and the Clerk for the City and County of Broomfield, were notified of the same. No protest of designation pursuant to § 1-4-909, C.R.S. was timely filed. Thereafter, the ballots were printed with the names of both Figueroa and Speers as candidates for the Director District 4 position. The ballots were then mailed to qualified voters by the coordinated election officials between October 15, 2013 and October 18, 2013. In her deposition, Ms. Mullins testified that she did not confirm that Speers address was within boundaries of Director District 4 before determining the sufficiency of the petition. Her testimony was that she assumed that the district boundaries still included Speers’ address. Whether the failure to confirm the location of Speers’ residence was as indicated in the testimony of Speers or the testimony of Ms. Mullins is irrelevant. The unequivocal evidence before the Court is that Ms. Mullins confirmed the

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