Judge throws out Tina Peters bid to sue all 63 Colorado county clerks

Published: Sep. 6, 2022 at 11:48 AM MDT
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MESA COUNTY, Colo. (KKCO) - A district court judge has thrown out Tina Peters’ attempt to sue every other county clerk and recorder in the state, citing the fact that Peters did not take necessary action to stop the recount before the results were certified.

Documents state that Peters lost the option to order a recount after votes were certified, as Colorado law dictates specific procedures for challenging a recount. Such procedures are time-sensitive, and Peters simply did not act quickly enough, according to the court order.

The court order states that a challenge to election results cannot take place after an election has been certified, stating, “This argument would allow a challenge to a recount long after the results are certified... Allowing these orders to be challenged later would destabilize elections and leave them open for challenge long after the Secretary of State certifies results.”

The District Court states that it has specific limits on when and where it can consider a recount challenge. Once that time period has expired, the court no longer has jurisdiction over recounts and loses the power to take action. “When faced with a specific limit on its jurisdiction the Court cannot exercise its equitable or constitutionally granted powers to expand its jurisdiction,” the order states.

Peters suit has been dismissed for lack of subject matter jurisdiction and the preliminary injunciton hearing set for September 7 has been cancelled.