Appeals court upholds ballot restrictions

Curry forced to run as write-in

The United States Tenth Circuit Court of Appeals on Tuesday upheld the law that essentially bars independent candidate for state representative Kathleen Curry from appearing on the election ballot this November. Curry had filed the lawsuit when the state attorney general ruled she did not qualify to place her name on the upcoming ballot. Curry is running for re-election to Colorado State House District 61.

 

 

Under the law in question, which has since been tweaked by the Colorado legislature, independent candidates cannot be on the ballot if they have been members of a qualified political party 17 months before the general election. Starting in 2012, such a candidate can become disaffiliated with a political party by January 1 preceding the general election. Curry was a Democrat until the end of last year, when she left the party and several leadership positions in the statehouse.
The judges hearing the case stated “We conclude that Colorado’s compelling interest in political stability, which required Representative Curry to disaffiliate from the Democratic Party twelve months before filing a nominating petition, outweighs her interest in pursuing an independent candidacy after the statutory deadline.”
As she expected, Curry will be forced to run as a write-in candidate.

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