This Matter Is Before the Court on a Motion to Set Emergency Hearing, Filed on the Evening of April 30, 2020
DISTRICT COURT CITY AND COUNTY OF DENVER, COLORADO 1437 BANNOCK STREET, DATE FILED: May 5, 2020 11:11 AM DENVER, CO 80202 CASE NUMBER: 2020CV31482 Petitioner: ERIK UNDERWOOD, Case Number: 2020CV31482 v. Ctrm: 209 Respondents: JENA GRISWOLD in her official capacity as the Secretary of State for the State of Colorado; and MORGAN CARROLL in her official capacity as the Chairwoman of the Colorado Democratic Party. ORDER RE: PETITION FOR RELIEF UNDER C.R.S. § 1-1-113 This matter is before the Court on a Motion to Set Emergency Hearing, filed on the evening of April 30, 2020. This matter was heard by the Court on May 4, 2020, in an expedited fashion due to the Colorado Secretary of State’s obligation to deliver the June 30, 2020 primary election ballot order and content to county clerks by May 7, 2020, pursuant to C.R.S. § 1-5-203(1). I. BACKGROUND By way of procedural background, on April 28, 2020, Petitioner Erik Monroe Underwood (“Mr. Underwood”) filed a Petition for Declaratory Relief against Colorado Secretary of State, Jena Griswold (“Secretary Griswold”). An Amended Petition was filed on April 30, 2020, which now also includes Ms. Morgan Carroll (“Ms. Carroll” sued in her representative capacity only), as the Chairperson of the Colorado Democratic Party. Mr. Underwood brings 5 claims for relief: (1) declaratory judgment, (2) violation of the United States and Colorado Constitutions – propriety of elections, (3) violation of the United States and Colorado Constitutions – free speech, (4) violation of the United States and Colorado Constitutions – due process, and (5) violation of C.R.S.
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