Feb 25, 2014 1:04 PM by David Randall

Closing arguments set in lawsuit over fracking ban

BROOMFIELD, Colo. (AP) - A judge is expected to rule Tuesday on whether to throw out a fracking ban that passed by just 20 votes in Broomfield.

The Broomfield Enterprise reports the ruling should come after lawyers make closing arguments in a lawsuit challenging the legitimacy of the Nov. 5 election, which was marked by controversy over how the ballots were counted.

Unofficial results indicated the ban failed by 13 votes, but a recount showed it passed by 20 votes out of more than 20,000 votes cast.

Questions were raised about possibly ineligible voters and uncounted ballots, leading ban opponents to file the lawsuit.

Even if the judge invalidates the results, it's not clear whether he could order another election. Attorneys on both sides say it's uncertain if the law gives the courts that authority.


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