Opinion
No. 21423.
Decided August 27, 1964.
Application to review order of District Court requiring Secretary of State to certify name to election commission to be placed on ballot in primary election.
Reversed.
1. STATES — Legislature — Election — Qualification. Under Art. V, Sec. 4, of the state constitution, a requisite qualification of a person to the Colorado legislature is residence for twelve months within the legislative district wherein he seeks to be elected.
On Application to Review from the District Court of the City and County of Denver, Hon. Saul Pinchick, Judge.
Mr. DUKE W. DUNBAR, Attorney General, Mr. FRANK E. HICKEY, Deputy, Mr. RICHARD W. BANGERT, Assistant, Mr. JAMES C. WILSON, JR., Assistant, for applicant.
Mr. MARTIN A. KANE, for respondent.
A requisite qualification of a person for election to the Colorado legislature is residence for twelve months within the legislative district wherein he seeks to be elected. Art. V. Sec. 4, Constitution of Colorado. Mr. Gonzales does not reside in the district which he seeks to represent and within which he seeks votes. Hence, he lacks a necessary qualification.
Judgment reversed and cause remanded with directions to dismiss the petition.
MR. JUSTICE MOORE dissents.
MR. JUSTICE SUTTON not participating.