Aug 27, 2013 5:30 PM by Elaine Sheridan
DENVER (AP) - The Colorado Supreme Court says the recall election will go forward, but voters don't have to vote "yes" or "no" first on the recall to have their votes for a successor validated.
The court said Tuesday that a state constitutional requirement saying voters must first vote on the recall before voting for a candidate violates rights to voting and expression under the U.S. Constitution. The opinion came in response to a question from Gov. John Hickenlooper.
The governor said in a filing through the state attorney general that the question is important because the Sept. 10 elections could require a recount or even be invalidated if someone raises a legal challenge afterward.
A nearly identical challenge to California election law was declared unconstitutional in 2003.
The recall is of Colorado Senators John Morse of Colorado Springs and Angela Giron of Pueblo.