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DISTRICT COURT, CITY AND COUNTY OF DENVER, STATE OF COLORADO 1437 Bannock Street Denver, Colorado 80202

COLORADO COMMON CAUSE, et al., Plaintiffs, v. DONETTA DAVIDSON, Defendant. ORDER COURTROOM 9 Case No. 04CV7709

This election case is before me on Plaintiffs' "Motion for Temporary Restraining Order and Preliminary Injunction," filed September 20, 2004, which all parties have agreed is to be treated as a motion for preliminary injunction. Based on the motion and briefs, including the simultaneous post-hearing briefs filed on October 12, 2004,1 and on the evidence and arguments presented at the hearing held on October 5-6, 2004, I find and conclude as follows.

I.

INTRODUCTION Plaintiffs are Colorado Common Cause ("CCC"), a not-for-profit Colorado corporation,

and three registered Colorado voters who attempted to vote in the August 2004 primary election. Plaintiffs challenge the constitutionality of certain 2003 amendments to the Colorado Uniform

1

In this regard, Plaintiffs' "Submission of Supplemental Authority," filed October 14, 2004, and Intervenors' "Submission of Supplemental Authority," filed October 13, 2004, are both STRICKEN AS UNTIMELY.

Election Code of 1992,

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