Passarelli v. Schoettler

KIRSHBAUM, Justice.

Appellants Colorado State Treasurer Gail Schoettler and the State of Colorado (collectively “the State”) appeal the trial court’s order declaring a portion of section 31-4-504.5, 12B C.R.S. (1986), unconstitutional and awarding the appellee, Ronald Passarelli, reimbursement for expenses he incurred in a recall election resulting in his retention in public office.1 We affirm.

I

While serving as a Trinidad, Colorado, city councilman, Passarelli became the subject of a recall election held in April of 1977. He incurred expenses of $6,970.14 during his successful campaign.…