Gordon v. Blackburn

I respectfully dissent.

Section 31-10-201(3)(a), C.R.S.1973 (1977 Repl. Vol. 12) sets forth the standards for determining the residence of a municipal voter. The “objective” or principal-or-primary residence test which the majority reviews was adopted as a statutory test for determining which of two or more possible residences an elector may use for voting purposes. It is axiomatic that the test set forth in the statute should be applied only after an initial determination has been made that the elector does in fact have more than one residence.

The facts in this case are that the Touts did not…