I’ve heard that some individuals who’ve signed the “Save”LaPlata Recall petition, have had second thoughts after learning more about what a contrived and deceptive petition it actually is.
SaveLaPlataCounty.com's lack of openness regarding their funding is also causing unease among many. For more details peruse the posts in these pages.
I wrote our County Clerk asking about retracting one’s signature and she responded with the following helpful information.
Basically if you want to retract your signature from the contrived Lachelt Recall Petition, you simply have to write up a short request and get it to our County Clerk
(I) Any signer may request that his or her name be stricken from the petition at any time prior to when the petition is deemed sufficient and the time for protest has passed by filing with the designated election official* a written request that his or her signature be stricken and delivering a copy of the request to at least one member of the committee**
(** That would be SaveLaPlataCounty.com).
* La Plata County Clerk & Recorder
Tiffany Parker
970-382-6294
970-259-5413 – fax
_________________________________________
TITLE 1 ELECTIONS
GENERAL, PRIMARY, RECALL, AND CONGRESSIONAL VACANCY ELECTIONS
Colorado Revised Statute – 1-12-108 (9)(d)(I)
Colorado Revised Statute – 1-12-108 (9)(d)(I)
• (9) (a) (I) A recall petition that has been verified by the designated election official shall be held to be sufficient unless a protest in writing under oath is filed in the office of the designated election official by an eligible elector within fifteen days after the designated election official has determined the sufficiency of the petition under paragraph (c) of subsection (8) of this section.
◦ (II) The protest shall set forth specific grounds for the protest. Grounds include failure of any portion of a petition or circulator affidavit to meet the requirements of this article or any conduct on the part of petition circulators that substantially misleads persons signing the petition. The designated election official shall forthwith mail a copy of the protest to the committee, together with a notice fixing a time for hearing the protest not less than five nor more than ten days after the notice is mailed.
◦ (III) Every hearing shall be before the designated election official with whom the protest is filed or a designee of the designated election official appointed as the hearing officer or before a district judge sitting in that county if the designated election official is the subject of the recall. The testimony in every hearing shall be under oath. The hearing shall be summary and not subject to delay and shall be concluded within thirty days after the protest is filed with the designated election official, and the result shall be forthwith certified to the committee.
▪ (b) The party filing a protest has the burden of sustaining the protest by a preponderance of the evidence. The decision upon matters of substance is open to review, if prompt application is made, as provided in section 1-1-113. The remedy in all cases shall be summary, and the decision of any court having jurisdiction shall be final and not subject to review by any other court; except that the supreme court, in the exercise of its discretion, may review any judicial proceeding in a summary way.
▪ (c) Repealed.
▪ (d)
▪ (I) Any signer may request that his or her name be stricken from the petition at any time prior to when the petition is deemed sufficient and the time for protest has passed by filing with the designated election official a written request that his or her signature be stricken and delivering a copy of the request to at least one member of the committee.
If the request is delivered to the member of the committee or the designated election official through the United States mail, it shall be deemed delivered to the committee or the designated election official on the date shown by the cancellation mark on the envelope containing the request received by the member of the committee or the designated election official. If the request is delivered to the member of the committee or the designated election official in any other manner, it shall be deemed delivered to the committee or the designated election official on the date of delivery and stamped receipt by the designated election official.
▪ (II) If the designated election official receives a written request filed in accordance with this paragraph (d) after the petition is filed but before the petition is deemed sufficient and the time for protest has passed, the election official shall strike the signature of the signer who filed the request.
If the election official receives such a written request before the petition is filed, the election official shall strike the signature of the signer who filed the request promptly upon the filing of the petition.
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