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Moran v. Carlstrom6/19/1989
ntested ballots for Brinker as District 3 County Commissioner are precluded from being counted in that district and should be excluded from each ballot. In my view, the four ballots should not be invalidated because of the write-in votes for Brinker. The write-in votes do not abrogate the voter's intent to elect G. Lowell Moran. If the four Brinker votes are excluded from the contested ballots, each of the four ballots carries one valid vote for Moran as District 3 County Commissioner.
The four contested ballots are not "defective ballots," as defined in section 1-7-309, 1B C.R.S. (1980), and I would conclude that they may be counted which would cause Moran to be elected as county commissioner. Accordingly, I dissent.
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