First Regular Session

Sixty-second General Assembly

LLS NO. R99-0693.01 Dan Cartin

STATE OF COLORADO

BY REPRESENTATIVE Dean

HOUSE RESOLUTION 99-1007

CONCERNING A RECOUNT BY THE COUNTY CLERK AND RECORDER OF BOULDER COUNTY OF CERTAIN BALLOTS CAST IN BOULDER COUNTY AT THE 1998 GENERAL ELECTION FOR THE PURPOSE OF ASSISTING THE COMMITTEE ON CREDENTIALS OF THE HOUSE OF REPRESENTATIVES IN DETERMINING THE ELECTION CONTEST IN HOUSE DISTRICT 31.

WHEREAS, Pam Rhodes was the Republican Party candidate and Paul Zimmerman was the Democratic Party candidate for the House of Representatives in House District 31 at the 1998 general election; and

WHEREAS, There were irregularities on ballots given to voters in one precinct in the Boulder county portion of House District 31 at such election; and

WHEREAS, The secretary of state ordered that a recount of the ballots be made pursuant to section 1­10­301, Colorado Revised Statutes, in view of the narrow margin in such election; and

WHEREAS, After the recount, the secretary of state certified Paul Zimmerman as the winner of the election in House District 31; and

WHEREAS, Pam Rhodes filed an election contest with the secretary of state contesting the election; and

WHEREAS, Such election contest between Pam Rhodes as contestor and Paul Zimmerman as contestee is presently before the Committee on Credentials of the House of Representatives for determination; and

WHEREAS, Section 10 of article V of the Colorado Constitution provides that each house of the General Assembly shall judge the election and qualifications of its members; and

WHEREAS, Pursuant to part 2 of article 11 of title 1, Colorado Revised Statutes, the House of Representatives must hear and determine election contests of its own members; and

WHEREAS, Pursuant to section 1­11­209 (3), Colorado Revised Statutes, and in furtherance of resolving an election contest, the House of Representatives may order a recount of the ballots in such election; and

WHEREAS, A recount by the county clerk and recorder of Boulder county of the absentee ballots and early voters' ballots cast in Boulder county at the 1998 general election will provide information to the House of Representatives on the number of such ballots cast in House District 31 that is necessary to determine and resolve the election contest between Pam Rhodes and Paul Zimmerman; now, therefore,

Be It Resolved by the House of Representatives of the Sixty­second General Assembly of the State of Colorado:

That we, the members of the House of Representatives of the Colorado General Assembly, hereby direct that:

(1)  The county clerk and recorder of Boulder county conduct a recount of the absentee ballots and early voters' ballots cast in Boulder county at the 1998 general election in order to determine the number of such ballots cast for the candidates in House District 31;

(2)  The county clerk and recorder of Boulder county choose a designated election official of a county, or such official's designee, who is a member of the Republican Party and a designated election official of a county, or such official's designee, who is a member of the Democratic Party to be present at and assist with such recount;

(3)  Pam Rhodes, Paul Zimmerman, and their attorneys of record in the House District 31 election contest pending before the House of Representatives may attend and observe such recount and may visually inspect the absentee ballots and early voters' ballots that are subject to such recount;

(4)  Such recount shall be completed by the county clerk and recorder of Boulder county no later than January 22, 1999, and the results thereof transmitted to the Committee on Credentials of the House of Representatives no later than January 25, 1999; and

(5)  The expense of conducting such recount of absentee ballots and early voters' ballots shall be the responsibility of Boulder county.

Be it Further Resolved, That copies of this Resolution be transmitted to Pam Rhodes, Paul Zimmerman, the county clerk and recorder of Boulder county, and the secretary of state.