Semple v. Griswold, No. 18-1123 (10th Cir. 2019)Annotate this Case
A citizen initiative passed by Colorado voters in 2016 (“Amendment 71”) made it more difficult to amend the Colorado constitution through the initiative process. Plaintiffs filed a complaint pursuant to 42 U.S.C. 1983 challenging the constitutionality of Amendment 71, asserting it violated the First and Fourteenth Amendments to the United States Constitution. Defendant, the Colorado Secretary of State, moved to dismiss the complaint for failure to state a claim. The United States District Court for the District of Colorado entered judgment in favor of Plaintiffs, ruling that article V, section 1(2.5) of the Colorado constitution violated the “one person, one vote” principle inherent in the Equal Protection Clause of the Fourteenth Amendment because the number of registered voters was not substantially the same in each state senate district. Because the district court not only denied Defendant’s motion to dismiss but also entered a final judgment in favor of Plaintiffs, the Tenth Circuit Court of Appeal had jurisdiction under 28 U.S.C. 1291 and reversed entry of judgment in favor of Plaintiffs and ordered the district court to grant judgment in favor of Defendant.