WARD v. STATE BY AND THROUGH POLIS

Supreme Court Case No. 23SA150.

534 P.3d 107 (2023)

2023 CO 45

Steven WARD, Jerry Sonnenberg, Abe Laydon, Lora Thomas, George Teal, Kevin Grantham, Stan Vander Werf, Carrie Geitner, Cami Bremer, Longinos Gonzalez, Jr., Chuck Broerman, and Mark Flutcher, Colorado residents, local elected officials, and registered Colorado voters; Christopher Richardson, Grant Thayer, and Dallas Schroeder, in their official capacity as Elbert County Commissioners; Advance Colorado, a Colorado nonprofit corporation; Cheyenne County, Douglas County, El Paso County, Elbert County, Fremont County, Kit Carson County, Logan County, Mesa County, Phillips County, Prowers County, Rio Blanco County, and Washington County, Colorado counties; and Highlands Ranch Metropolitan District, Petitioners, v. STATE of Colorado, BY AND THROUGH Jared S. POLIS, in his official capacity as Governor; and Jena Griswold, in her official capacity as Secretary of State, Respondents.

Supreme Court of Colorado.

August 21, 2023.


Attorney(s) appearing for the Case

Attorneys for Petitioner Advance Colorado: Wheeler Trigg O'Donnell LLP, Michael L. O'Donnell , Frederick R. Yarger , Miles D. Orton , Denver, Colorado.

Attorneys for Petitioners: West Group Law & Policy, Suzanne M. Taheri , Englewood, Colorado.

Attorneys for Respondent State of Colorado, by and through Jared S. Polis, in his official capacity as Governor: Philip J. Weiser , Attorney General, Russell D. Johnson , Senior Assistant Attorney General, Shelby A. Krantz , Assistant Attorney General, Reed Morgan , Assistant Attorney General, Danny Rheiner , Assistant Attorney General, Jeremy Johnston , Assistant Attorney General, Skye Walker , Assistant Attorney General Fellow, You Na Han , Assistant Attorney General Fellow, Denver, Colorado.

Attorneys for Respondent Jena Griswold, in her official capacity as Secretary of State: Philip J. Weiser , Attorney General, Michael Kotlarczyk , Senior Assistant Attorney General, Denver, Colorado.

JUSTICE GABRIEL delivered the Opinion of the Court, in which CHIEF JUSTICE BOATRIGHT, JUSTICE MÁRQUEZ, JUSTICE HOOD, JUSTICE HART, JUSTICE SAMOUR, and JUSTICE BERKENKOTTER joined.


¶1 In this appeal taken pursuant to section 1-11-203.5(4), C.R.S. (2022), petitioners, a number of Colorado residents, local officials, voters, counties, and county commissioners, a nonprofit corporation, and a metropolitan district, contend that (1) Senate Bill 23-303 ("SB 303") and its embedded...

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