Hanlen v. Gessler
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At issue in this case was Election Rule 10.7.5, promulgated as a temporary or emergency rule on the evening of the November 5, 2013 election. Plaintiffs were registered electors of the Adams 12 Five Star School District who sued seeking judicial review of the Secretary of State's authority to promulgate the rule, and for an order to direct the Clerk and Recorder of Adams County to finish counting votes and to certify the vote tally for all candidates in the school district director election. The district court ruled that the Secretary acted in excess of his authority in promulgating the emergency rule, and ordered all defendants to complete and certify the vote count for all candidates in the Adams 12 director district 4 election. The Secretary petitioned the Supreme Court for review of whether the district court erred in holding "Rule 10.7.5 [was] contrary to and in conflict with existing election statutes." Upon review, the Supreme Court concluded that Rule 10.7.5 indeed "contravene[d] the election code by permitting a designated election official to usurp the courts' express authority to resolve . . . issues." Accordingly, the Court affirmed the district court only in holding that Rule 10.7.5 conflicted with existing election rules.
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