Case No. 06cv0954, Denver District Court; 06SA174, Colorado Supreme Court
ACLU Case No. 2005-05
A Colorado statute provides that persons on parole—approximately 6000 in Colorado—are forbidden to vote or to register to vote. C.R.S. § 1-2-103(4). This class action, on behalf of approximately 6000 Colorado parolees, asserts that this statute violates the Colorado Constitution.
In Article VII, Section 10, the Colorado Constitution provides that persons lose their right to vote when they are confined in a public prison as a result of a criminal conviction, but it also provides that their civil rights are restored automatically when they complete their “term of imprisonment.” The lawsuit relies on decisions of the Colorado Supreme Court that hold that persons released on parole have completed their term of imprisonment.
Originally filed in federal court as a class action, the lawsuit moved to state court. After the Denver District Court rejected the plaintiffs’ argument, the case was heard by the Colorado Supreme Court, which held that the challenged statute did not violate the Colorado Constitution.
Mark Silverstein , ACLU of Colorado Legal Director
Ty Cheung Gee
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