Court issues guidance to count Colo. recall votes

The Colorado Supreme Court says voters in two legislative recalls 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.

Election ballots were expected to be printed Tuesday.