Kuhn v. Williams

Summary

The court held that petitioners could timely challenge the actual validity of a candidate's petition after the Secretary issued a facial statement of sufficiency but before ballot certification. Applying the statutory residency test, the court concluded that petition circulator Ryan Tipple was not a Colorado resident when he collected signatures because his primary place of abode and objective ties were in California. Striking Tipple's signatures reduced the campaign's total below the statutory threshold, so the Secretary could not certify the candidate for the primary ballot. The court did not reach the constitutional challenge to the circulator-residency requirement because that issue was outside the court's jurisdiction in this proceeding.