Dodge v. County Clerk & Recorder of Fremont

Citations: 768 P.2d 1271; 13 Brief Times Rptr. 12; 1989 Colo. App. LEXIS 6; 1989 WL 399Docket: No. 87CA1816

Court: Colorado Court of Appeals; January 4, 1989; Colorado; State Appellate Court

SummaryOriginalCytator Case TreatmentBackward CitatorAnalysis

EnglishEspañolSimplified EnglishEspañol Fácil

Defendant Fremont County Clerk and Recorder appealed a judgment mandating her to accept recall petitions for four county officials filed by Joseph V. Dodge, a registered voter. The clerk initially refused to accept the petitions on the grounds that they violated the 60-day filing requirement outlined in C.R.S. § 30-10-203(1), which mandates that recall petitions must be filed within 60 days from the date of the first signature. The only reason for her refusal was the alleged noncompliance with this deadline.

Dodge initiated a mandamus/declaratory judgment action on October 7, 1987, and following a court trial on October 14, the court reversed the clerk’s decision, ordering her to accept the petitions for filing. The court determined that the original filing date of October 2 would serve as the basis for the 60-day period, and the 15-day protest period would commence upon the new filing of the petitions.

The appellate court upheld the trial court's ruling, emphasizing that the right of recall is a fundamental right of the people and must be liberally construed. Citing Hazelwood v. Saul, the court noted that the clerk had no discretion in accepting the petitions for filing, as the statutory language mandates acceptance. The clerk is required to accept the petitions, allowing for a hearing on any protests, including those regarding the 60-day rule. If no timely protests are made, the petitions are deemed sufficient, and the prescribed procedures must be followed. The judgment was affirmed with concurrence from Justices Criswell and Enoch.