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December 27, 2022 – The election lawsuit filed by Paul T. Prentice and Timothy J. Kirkwood against El Paso County was dismissed with prejudice by Denver District Court Judge Ross B. H. Buchanan on December 23, 2022. The petitioners claimed that the El Paso County Election Management System, which has been used since 2017, did not comply with federal law because it deleted election records. The court dismissed the Kirkwood lawsuit because the Petitioners failed to exhaust their administrative remedies under C.R.S. § 1-5-621(1).

The petitioners filed this lawsuit in August 2022 and asked the court to halt the Clerk’s use of its Election Management System during the November 8, 2022, General Election and all subsequent elections. The petitioners also asked the court to require that all ballots be counted by hand. These same petitioners filed a similar lawsuit in El Paso County District Court, which was previously dismissed.

“The Denver District Court upheld the rule of law and dismissed the meritless Petition brought by Prentice and Kirkwood against my office,” said Chuck Broerman, Clerk and Recorder. “I find it troubling that these petitioners filed repetitive and frivolous lawsuits based on their lack of understanding of our election laws and processes in El Paso County and the State of Colorado. I’m hopeful the court’s decision ends claims such as this and elevates facts over disinformation.”

This is the sixth lawsuit the Clerk’s Office has defended and won this year.