Michael Kuhn, Ashlee Springer, Lydia K. Honken, Jeremy Isaac, and Sharon M. Schafer, Petitioners-Appellants, V…

Summary

The court held that petitioners could challenge the actual validity of petition signatures during the statutory protest period, even though the Secretary had properly found the petition facially sufficient through a paper review. Applying the statutory residency factors, the court concluded that a circulator whose employment, family, property, taxes, vehicles, and principal abode were in California was not a Colorado resident when he circulated the petitions, requiring exclusion of his signatures and leaving the candidate below the ballot-access threshold. The court declined to address the constitutional challenge to the residency requirement because that issue was outside the jurisdiction available in this proceeding.