Castle Rock: No immediate call on vote to allow open carry of firearms in public spaces

CASTLE ROCK, Colo. - Castle Rock voters may have to wait a week to find out the results of their election on firearms in public spaces.

Town officials said Tuesday night that they won't have results for up to seven days. The all-mail election had garnered 8,100 ballots by late afternoon.

Nearly 32,000 ballots were issued in this election.

The election will determine who gets to say whether people are allowed to openly carry firearms in public spaces.

In January, the town council voted to allow the open carry of firearms in town buildings and parks but not schools or courts. Residents who opposed the move forced an election on the issue.

Voters are being asked whether future decisions on gun restrictions should be left to voters to decide.

Castle Rock was formally named in a lawsuit Saturday regarding the processing of mail ballots for Tuesday's special election. Specifically, the Town said nonresident complainant, Marilyn Marks, asked the judge to halt the processing of ballots, deem the election invalid, and schedule a new election. The judge denied all requests on Monday.

The town described Marks as neither a registered voter in the Town of Castle Rock nor a Castle Rock resident. Marks is a Denver resident and registered agent for a local issue committee called Committee for Constitutional Rights, according to the Town's website.

Therefore, the judge ruled that Marks did not have proper standing to file the petition

In addition, the town said the judge ruled Marks was using the State's Municipal Election Code as a basis for her complaints. Castle Rock is a home rule municipality, which means most of how the Town is governed, including elections, is established in the Town Charter and the Town Election Code, rather than the State’s Municipal Election Code.

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