Supreme Court of Colorado

Wayne Williams v. Libertarian Party Of…

September 11, 20172017 Colo. LEXIS 791

Summary

The court held that a claim under 42 U.S.C. § 1983 may not be brought within a proceeding under section 1-1-113 because that proceeding is limited to alleged violations of the Colorado Election Code. It therefore reversed the court of appeals and remanded for further proceedings, declining to reach the attorney-fee issues that depended on the availability of the section 1983 claim in that proceeding. Justice Gabriel, joined by Justice Hood, dissented and would have allowed the claims to be joined based on the statutory language, procedural rules, and public policy.