Court Denies Solterra Board Motion to Strike Recall Petition and Appoints Designated Election Official

RV News August 25, 2020

The Court issued an Order early Friday evening August 21, denying the Solterra Board’s motion to strike Waterman, Dominic and Brown from the Recall Petition.

The Court also appointed Sue Blair, the Solterra Board District Manager as the designated election official.

The next step is for Ms. Blair to approve the form of the Recall Petitions. Once she approves the form of the petitions, there are 60 days to collect the required number of signatures – 300 for each District 2 and District 3.

Here are the details:

The petitions were submitted to the Court pursuant to 32-1-906. The next step was to have the court appoint a designated election official to manage the recall petition. The designated election official then approves the form of the petitions and once the signatures are collected, the designated election official certifies there are enough signatures. In this case there must be 300 for each District – 2 and 3.

The petition requested that the Court appoint a neutral party – the Jefferson County Clerk – as the designated election official.

The Solterra Board asked the court to appoint the Solterra Board District Manager, Sue Blair, as the designated election official.

The Solterra Board also moved to strike – take off the petition – Waterman, Brown and Dominic. In response the petitioner objected arguing the merits of the Board’s motion to strike and that the Court lacked jurisdiction to strike Waterman, Brown and Dominic from the petition.

The Court held that the Board was wrong, denied the Board’s motion to take Waterman, Brown and Dominic off the petition, agreeing with the petitioner that the Court did not have jurisdiction to do what the Board requested.

There will be a Zoom Town Hall soon to answer questions that have not been answered by the Board.

The participants will not be anonymous and the answers will come from the statutes and the documents.

Here is the Court’s Order:

ORDER RE_ PETITION TO APPOINT DESIGNATED ELECTION OFFICIAL PURSUANT TO CRS 321909 AND ATTACHED PROPOSED PETITIONS TO RECALL AND DEMAND ELECTION OF SUCCESSOR TO FRMD DISTRICTS 2 AND 3 DIRECTORS

Here is the Original Petition by the residents:

2020-08-04 13-52-23 Recall Petition 2

2020-08-04 13-47-13 Recall Petition 3

Here is the Board’s response and motion to strike:

2020-08-07 09-51-54 District 2- Response to Petition to Appoint DEO and Recall Directors

2020-08-07 10-04-38 District 3- Response to Petition to Appoint DEO and Recall Directors

Here is the residents’ Reply to the Board’s Response and Motion to Strike:

2020-08-07 13-22-31 Response In Support of Recall Petition 2