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HANLEN v. GESSLER

Supreme Court Case No. 13SA306.

333 P.3d 41 (2014)

2014 CO 24

Nicole S. HANLEN, Lynn D. Ussery, James H. Joy, June Marie McNees, Kelly L. McNees, Karen Marquez, Meagan Gabaldon, and David J. Rodenbaugh, Plaintiffs-Appellees v. Scott GESSLER, in his official capacity as Colorado Secretary of State, Defendant-Appellant Karen Long, as Clerk and Recorder for the County of Adams, State of Colorado; Jim F. Candelarie, as Clerk and Recorder for the City and County of Broomfield; and Frances E. Mullins, as Designated Election Official for Adams 12 Five Star School District, Defendants-Appellees.

Supreme Court of Colorado.

April 7, 2014.

Attorney(s) appearing for the Case

Attorneys for Plaintiffs-Appellees: Heizer Paul LLP, Edward T. Ramey , Martha M. Tierney , Denver, CO.

Attorneys for Defendant Appellant: John W. Suthers , Attorney General, LeeAnn Morrill , First Assistant Attorney General, Matthew D. Grove , Assistant Attorney General, Sueanna P. Johnson , Assistant Attorney General, Denver, CO.

Attorneys for Amicus Curiae Douglas County Education Alliance: Lewis Roca Rothgerber LLP, Thomas M. Rogers III , Eric V. Hall , Brent R. Owen , Denver, Colorado

Attorneys for Amicus Curiae Enrico Figueroa, Brian Vande Krol , Joseph Holt , Mark Rule, & Melissa Wills: Hackstaff Law Group, LLC, Mario Nicolais, II , Kelly Breuer , Denver, Colorado.

En Banc.

JUSTICE MÁRQUEZ delivered the Opinion of the Court.

¶ 1 This case concerns judicial review of Election Rule 10.7.5, which was promulgated by Colorado Secretary of State Scott Gessler ("Secretary") as a temporary or emergency rule on the evening of the November 5, 2013 election. Plaintiffs are registered electors of Adams 12 Five Star School District ("Adams 12") who brought suit against the Secretary and local election officials following the Adams 12 school...

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