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Coken Makes Ballot After All

by: Dan Willis

Tue Jun 22, 2010 at 19:55:53 PM MST


Today, Jennfier Coken's challenge was heard in Denver District Court. I have written a detailed description of the findings on ColoradoPols.

Below the fold is the Coken Campaign's press release

Dan Willis :: Coken Makes Ballot After All
COURT PLACES COKEN ON BALLOT FOR AUGUST PRIMARY

DENVER, June 22, 2010 - Last week House District 4 Democratic Candidate Jennifer Coken filed a legal challenge in Denver District Court regarding the Secretary of State's decision to reject a handful of signatures that would have allowed her a place on the August primary ballot. At issue was the timing and validity of more than 100 signatures.  

Today, Denver District Court Judge Catherine Lemon heard arguments regarding the validity of the signatures gathered.

Judge Lemon ruling from the bench during the presentation of the evidence found the signatures to be sufficient and ordered the Secretary of State to place Coken on the ballot.

"This is a victory for the voters of House District 4 who signed my petition and wanted to see me on the ballot," stated Coken.  "I will continue to work hard to earn their votes in August."

Judge Lemon ruled that 54 signatures were valid that had been rejected by the Secretary of State because of an ineligible petition carrier. Judge Lemon found the petition carrier to be valid.

Next Judge Lemon ruled 24 signatures valid because they had signed the Coken petition before they signed another House District 4 candidate's petition. The Secretary of State had ruled these signatures invalid because the signature was also on the Tafoya petition which was turned into the SOS first.

Then, Coken's attorney and the Attorney's General Office representing the Secretary of State stipulated to 17 signatures that were previously rejected by the Secretary of State.

Lastly, Judge Lemon included five signatures that she believed the SOS should not have thrown out.

This totaled the 100 signatures needed to place Coken on the ballot.

"The Secretary of State's office should be in the business of providing access to the ballot not denying access to the ballot. Signatures shouldn't be excluded when it is probable they are correct." stated Judge Catherine Lemon.

Coken was represented by Mike Feeley.

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