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MARKS v. GESSLER

Court of Appeals No. 12CA0549.

350 P.3d 883 (2013)

2013 COA 115

Marilyn MARKS, Plaintiff-Appellee and Cross-Appellant, v. Scott GESSLER, in his official capacity as Colorado Secretary of State; Colorado Department of State; and Judd Choate, in his official capacity as a person representing or acting on behalf of the Colorado Department of State, Defendants-Appellants and Cross-Appellees.

Colorado Court of Appeals, Division II.

Announced August 1, 2013.

Attorney(s) appearing for the Case

McGuire Baines, LLC, Robert A. McGuire , Jeffrey D. Baines , Denver, Colorado, for Plaintiff-Appellee and Cross-Appellant.

John W. Suthers , Attorney General, Leeann Morrill , Assistant Attorney General, Denver, Colorado, for Defendants-Appellants and Cross-Appellees.

¶ 1 In this case involving the filing of a citizen complaint under the Colorado Help America Vote Act, sections 1-1.5-101 to -106, C.R.S.2012 (state HAVA), and its federal counterpart, the Help America Vote Act, 42 U.S.C. §§ 15301-15545 (2006) (federal HAVA), defendants, Scott Gessler, in his official capacity...

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