Goff v. Kimbrel

*915Opinion by

Judge PLANK.

This appeal arises from a district court final order that respondent John Battin be declared by the City Council of Canon City to be the winner of an election for an at-large seat on the City Council. Respondent Katherine Schwinn and intervenors, Philip Freytag and Stephen Stewart, appeal the order declaring Battin the winner. We reverse.

This dispute concerns the election of two at-large council seats on the City Council of Canon City. In the November 5, 1991, municipal elections, the ballot contained sections for City Council positions in Precincts 2 and 4, and also for…