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Moran v. Carlstrom6/19/1989
JUSTICE VOLLACK delivered the Opinion of the Court.
G. Lowell Moran and Karolyn Moran (the Morans) appeal the judgment of the Jackson County District Court declaring Robert L. Carlstrom the winner of the Jackson County District 3 county commissioner election. At issue is the validity of four ballots cast in the November 8, 1988 general election. The district court held that the four ballots were "defective" within the meaning of section 1-7-309, 1B C.R.S. (1980), because the voter in each case had marked in ink more names than there were persons to be elected to an office. We affirm.
I.
Two county commissioner positions were to be filled in the November 8, 1988 Jackson County general election. Names of candidates for the District 2 and District 3 county commissioner positions appeared on the same paper ballot. Although candidates for a county commissioner position are required by statute to reside in the district they seek to represent, county voters from all three districts may vote to fill any county commissioner position.
The Jackson County general election ballot listed one name for the District 2 county commissioner position: Robert E. Manville, the incumbent office holder and winner of the Republican primary election. The ballot listed two names for the District 3 county commissioner position: Robert L. Carlstrom, the incumbent office holder and winner of the Republican primary election; and G. Lowell Moran, an independent candidate who successfully petitioned to place his name on the ballot. The ballot contained blanks for write-in candidates for each office.
Robert E. Manville was not the only person seeking the District 2 county commissioner position. Dennis V. Brinker, a registered Republican, filed an affidavit of intent for the District 2 county commissioner position. Brinker resides in Precinct 3, which is located in Jackson County District 2. By filing an affidavit of intent and by residing in District 2, Brinker was eligible to accumulate votes as a write-in candidate for the District 2 county commissioner position.
Write-in candidate Brinker won the District 2 county commissioner election by a vote of 455 to 366. The District 3 county commissioner election, however, was a close race between Carlstrom and Moran. When the polls closed, Carlstrom received 434 uncontested votes for the District 3 county commissioner position, while Moran received 429 uncontested votes.
Four ballots in the District 3 county commissioner election were contested. Three ballots showed no name checked off in the District 2 race. The three ballots, however, showed two names checked off in the District 3 race: Moran's, which was checked off with an "X," and Brinker's, which was written in and checked off with an "X." A reproduction of one of the three ballots appears below:
FOR COUNTY COMMISSIONER
DISTRICT 2
(Vote for not more than One)
ROBERT E. MANVILLE Republican
FOR COUNTY COMMISSIONER
DISTRICT 3
(Vote for not more than One)
ROBERT L. CARLSTROM Republican
G. LOWELL MORAN Unaffiliated X
Dennis Brinker X
One ballot showed Brinker's name written in and checked off for both the District 2 position and the District 3 position, in addition to checking off Moran's name for the District 3 position. A reproduction of this ballot appears below:
FOR COUNTY COMMISSIONER
DISTRICT 2
(Vote for not more than One)
ROBERT E. MANVILLE Republican
DENNIS BRINKER X
FOR COUNTY COMMIS
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