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MAHAFFEY v. BARNHILL

No. 93SA4.

855 P.2d 847 (1993)

Betty MAHAFFEY, Petitioner, v. The Honorable Kenneth E. BARNHILL, in his capacity as District Court Judge for the First Judicial District, State of Colorado, Acting as District Court Judge for Gilpin County, Colorado; The District Court for the First Judicial District; The District Court for Jefferson County, Colorado; and The District Court for Gilpin County, Colorado, Respondents.

Supreme Court of Colorado, En Banc.

July 12, 1993.

Attorney(s) appearing for the Case

Holland & Hart, John S. Castellano, Denver, for petitioner.

Gregory N. Ruland, Englewood, for respondents.

Chief Justice ROVIRA delivered the Opinion of the Court.

Three issues arise in this original proceeding: (1) whether ineligible voters can be forced to disclose their votes; (2) whether the trial court lacked jurisdiction to resolve this dispute because trial was commenced more than twenty days "after the joining of issue," § 31-10-1305, 12B C.R.S. (1986); and (3) whether the trial court lacked jurisdiction because a bond was not filed with the clerk of the court...

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