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GESSLER v. DOTY

No. 10CA2533.

272 P.3d 1131 (2012)

2012 COA 4

Scott GESSLER, in his official capacity as Secretary of State for the State of Colorado, Plaintiff-Appellee, v. Nancy DOTY, in her official capacity as the Clerk and Recorder for Arapahoe County, and the Board of County Commissioners of the County of Arapahoe, State of Colorado, Defendants-Appellants.

Colorado Court of Appeals, Div. I.

January 5, 2012.

Attorney(s) appearing for the Case

John W. Suthers , Attorney General, Maurice G. Knaizer , Deputy Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Kathryn L. Schroeder , County Attorney, John E. Bush, Jr. , Deputy County Attorney, Ronald A. Carl , Assistant County Attorney, Littleton, Colorado, for Defendants-Appellants.

Opinion by Chief Judge DAVIDSON.

¶ 1 This case requires us to decide whether counties or the state must bear the cost of providing drop-off boxes for mail-in ballots at every polling place.

¶ 2 In 2009, the General Assembly passed House Bill 1186, amending Colorado's Election Code (Code), § 1-8-113(1)(a), C.R.S. 2011, to permit voters personally to deliver mail-in ballots "on election day to any polling...

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