Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Williams v. Libertarian Party of Colorado

Supreme Court of Colorado, En Banc

September 11, 2017

Wayne Williams, in his official capacity as Colorado Secretary of State, Petitioner
v.
Libertarian Party of Colorado and Gordon Roy Butt, Respondents

         Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 14CA2063

          Attorneys for Petitioner: Cynthia H. Coffman, Attorney General Frederick R. Yarger, Solicitor General Amy Colony, Senior Assistant Attorney General Matthew D. Grove, Assistant Attorney General Grant T. Sullivan, Assistant Solicitor General Denver, Colorado

          Attorneys for Respondents: The Matthew C. Ferguson Law Firm, P.C. Matthew C. Ferguson Michelle K. Schindler Aspen, Colorado

          OPINION

          EID JUSTICE

         ¶1 Gordon Roy Butt sought to run for state senate for the Libertarian Party in a 2013 recall election. The Secretary of State denied his request to circulate a petition because his request came after the deadline as then set by section 1-12-117(1). See Ch. 170, sec. 8, § 1-12-117(1), 2014 Colo. Sess. Laws 621. Butt and the Libertarian Party (collectively, "the Party") sued the Secretary under § 1-1-113, C.R.S. (2017), alleging that the statutory deadline conflicted with the Colorado Constitution. Within the section 1-1-113 proceeding, the Party also raised a claim for relief under 42 U.S.C. § 1983 (2012), and an accompanying request for an award of attorney's fees under 42 U.S.C. § 1988 (2012), alleging, inter alia, a First Amendment violation. The district court found for the Party on the state constitutional claim, and did not address the section 1983 claim. After this court denied appellate review on a split vote, further proceedings occurred before the district court. The case was appealed once again, and this court again denied review.

         ¶2 Nine months later, the Party returned to district court seeking summary judgment on its section 1983 claim and, in the alternative, an attorney's fee award under section 1988 on the ground that the Party had been successful on its state constitutional claim. The district court denied the Party's request for attorney's fees, finding that it had not pursued fees in a timely manner. It also dismissed the section 1983 claim as moot due to the General Assembly's 2014 amendment of section 1-12-117(1).

         ¶3 On appeal, the court of appeals reversed the district court. Libertarian Party of Colorado v. Williams, No. 14CA2063 (Colo.App. Jan. 14, 2016). Citing Brown v. Davidson, 192 P.3d 415 (Colo.App. 2006), it noted that section 1983 claims may be brought in a section 1-1-113 proceeding. Williams, ¶ 11. The court then held that, although the Party's section 1983 claim was moot, the request for attorney's fees under section 1988 was appropriate so long as the section 1983 claim was substantial, stemmed from the same nucleus of operative facts as the state constitutional claim, and was reasonably related to the plaintiff's ultimate success. Id. at ¶ 29. The court remanded the case to the district court to apply this test to determine whether the Party was entitled to fees. Id. at ¶¶ 31-32.

         ¶4 We granted the Secretary's request for certiorari review and now reverse the court of appeals.[1] For reasons discussed at length in our companion case, Frazier v. Williams, 2017 CO 85, __P.3d __, also announced today, we hold that a section 1983 claim may not be brought in a section 1-1-113 proceeding. The language of that section repeatedly refers to "this code, " meaning the Colorado Election Code. Therefore, a section 1-1-113 proceeding is limited to allegations of a "breach or neglect of duty or other wrongful act" under the election code itself. § 1-1-113(1). We emphasize that Colorado courts remain entirely open for adjudication of section 1983 claims, including on an expedited basis if a preliminary injunction is sought, and that therefore section 1-1-113 does not run afoul of the Supremacy Clause. To the extent that Brown v. Davidson, 192 P.3d 415 (Colo.App. 2006), holds to the contrary, it is overruled. Accordingly, we reverse and remand the case for further proceedings.

         I.

         ¶5 This case arose out of legislative recall elections in 2013. Butt requested approval from the Secretary to circulate a petition to qualify as a successor candidate on the Libertarian Party ticket. The Secretary denied the request because it was submitted after the statutory deadline that was then set forth in section 1-12-117(1) ("Nomination petitions . . . shall be filed no later than ten calendar days prior to the date for holding the [recall] election . . . .").

         ¶6 The Party filed a petition for relief under section 1-1-113, arguing that the statutory deadline then set by section 1-12-117(1) and enforced by the Secretary conflicted with Article XXI, section 3 of the Colorado Constitution, which would have allowed Butt more time to file his petition.[2] See Colo. Const. art. XXI, § 3 ("[P]etitions for nomination to office are required by law to be filed not less than 15 days before such recall election . . . ."). Within the section 1-1-113 proceeding, the Party also brought a section 1983 claim alleging, inter alia, a First Amendment violation, and requested attorney's fees pursuant to 42 U.S.C. section 1988.

         ¶7 After bifurcating the case pursuant to C.R.C.P. 42(b), the district court concluded that the statute conflicted with the Colorado Constitution. It did not address the Party's section 1983 claim. We declined review on an evenly divided vote. Further proceedings occurred before the district court and the case was appealed once again, and this court denied review.

         ¶8 The Party returned to the district court nine months later seeking summary judgment on the section 1983 claim and, in the alternative, an attorney's fee award under section 1988 on the ground that the Party had been successful on its state constitutional claim. The district court denied the Party's request for attorney's fees, finding that it had not pursued fees in a timely manner. It also dismissed the section 1983 claim as moot due to the General Assembly's amendment of section 1-12-117(1) that remedied any conflict between the statute and the Colorado Constitution.

         ¶9 On appeal, the court of appeals determined that under Brown v. Davidson, the Party was permitted to bring its section 1983 claim under section 1-1-113. Williams, ¶ 11. While it agreed that the section 1983 claim was moot, it found that attorney's fees were nonetheless appropriate so long as the section 1983 claim was substantial, stemmed from the same nucleus of operative facts as the state claim, and was reasonably related to the plaintiff's ultimate success. Id. at ΒΆ 29. The court ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.