(COLORADO SPRINGS) — After an affidavit sent to the 4th Judicial District Attorney’s (DA) Office alleged criminal violations against multiple state and county offices during the June 2022 Primary Election, the DA’s office has concluded that no evidence of wrongdoing was ever found and criminal charges will not be brought forth.
The allegations were brought against Secretary of State Gena Griswold, El Paso County Clerk and Recorder Chuck Broerman, and staff of the El Paso County Clerk and Recorders Office in regard to recount efforts for the Primary Election.
In a letter to the accusing party sent on Dec. 13, the 4th Judicial DA Michael Allen states that allegations made against the aforementioned offices were unclear in the original affidavit, though Allen said the investigation operated under the assumption that the complaint fell under Colorado Revised Statute §1-10.5-10, which governs recounts for specific offices.
After a review of the complaint and the rules provided by the Secretary of State in July 2022, Allen said all recounts were in compliance with state statutes, and that “issuance of those lawfully promulgated rules does not constitute interference with the recount process.”
Similarly, the DA’s Office said the El Paso County Clerk and Recorder’s Office had operated under sufficient rules in regard to the recount effort, and even if the Secretary of State’s rules had been unlawful, which they were found not to be, the Clerk and Recorder’s Office would still have a complete defense to any criminal liability, as they are required by law to follow the Secretary of State’s rules.
“The criminal investigation into this matter is officially closed,” DA Allen said, and reiterated that no further action would be taken by his office, unless new and compelling evidence was presented.