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Tuesday, October 26, 2004

Judge dismisses challenge to Colorado electoral college amendment
Amit Patel at 3:04 PM ET

[JURIST] A US District Judge in Colorado today dismissed for lack of standing a lawsuit which had challenged the Colorado electoral college amendment on the November state ballot. If passed next week, Amendment 36 [PDF] would award a share of electoral votes based on the popular vote instead of the traditional winner-take-all approach. The Amendment could be critical as a split of electoral college votes in the state could possibly mean victory or defeat for the national presidential candidates. Fort Collins businessman Jason Napolitano originally filed the lawsuit, arguing the proposal is unconstitutional and any change to the electoral system should be decided by the legislature. State officials countered that Coloradans should vote on the measure before a court decides its constitutionality. Today's ruling is not yet available online. Read Napolitano's complaint here [PDF]. Read Napolitano's brief in support of his complaint here [PDF]. AP has more.






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