Gov. John Hickenlooper is asking the Colorado Supreme Court whether voters in two legislative recalls have to vote "yes" or "no" first on the recall to have their votes be counted for a successor.
The question is important because a legal challenge after the Sept. 10 elections could require a recount or even invalidate the entire election, according to a filing late Friday from Attorney General John Suthers on behalf of the Democratic governor.
The filing says officials recently learned the state constitutional requirement that voters first vote on the recall before voting for a candidate may violate U.S. Constitution rights to vote and freedom of expression.
It's unclear when the high court will rule. But Suthers notes that ballots could be printed as soon as Tuesday so a ruling is needed soon.