In Re: Maurice C. Jones, an Individual and Citizen Center, a Colorado Nonprofit Corporation v. Christian R. Samora…

Summary

The court reversed the district court's order voiding a municipal recall election and requiring a new election. It held that election officials' failure to remove detachable numbered stubs from absentee ballots during part of the count violated statutory procedures but did not violate the constitutional prohibition against ballots being marked so they could identify the voter, because the ballots were not permanently marked and the election remained secret when voters cast their ballots. The court also held that the precedent relied upon below did not require invalidation absent a fundamental, systemic failure of ballot secrecy.