# Williams v. Libertarian Party of Colorado

> Supreme Court of Colorado · September 11, 2017 · 401 P.3d 558

URL: https://www.frixlaw.com/law-library/cases/9878373

## Case

- **Full name:** Wayne WILLIAMS, in His Official Capacity as Colorado Secretary of State, Petitioner, v. LIBERTARIAN PARTY OF COLORADO and Gordon Roy Butt, Respondents
- **Court:** Supreme Court of Colorado
- **Decided:** September 11, 2017
- **Citations:** 401 P.3d 558; 2017 CO 86; 2017 Colo. LEXIS 791
- **Precedential status:** Published
- **Opinion:** Dissent by Gabriel
- **Judges:** Eid, Gabriel, Hood
- **Nature of suit:** Frazier v. Willaims
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9878373

## Opinion text

JUSTICE GABRIEL,
dissenting.
¶13 Relying on its opinion in Frazier v. Williams, 2017 CO 85 , 401 P.3d 541 , which we *561 also decide today, the majority concludes that (1) claims brought pursuant to section 1-1-113 are limited to those alleging a breach or.neglect of duty or other wrongful act under the Colorado Election Code and therefore, (2) section 1983 claims may not be joined in a section 1-1-113 proceeding. See maj. op. ¶¶ 10, 18. For the reasons set forth in my dissent in Frazier, ¶¶ 29-60,1 respectfully disagree. Instead, I would conclude that the plain language of section 1-1-113, the applicable civil procedure rules, and sound public policy support allowing parties like petitioners here to join section 1983 claims with claims under section 1-1-113.
¶14 Accordingly, I respectfully dissent.
I am authorized to state that JUSTICE HOOD joins in this dissént.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9878373. Public record. Not legal advice.