Windsor, mayor respond to election lawsuit
Attorneys for Windsor Town Clerk Karen Frawley are questioning whether the man who challenged Mayor Barry Wilson's election is registered to vote in the town.
James Cosner filed a complaint in Weld County District Court on April 18 against then Mayor-elect Wilson and Frawley claiming Wilson was not eligible to run for mayor because he had already been elected to two consecutive terms on the town board.
Wilson was sworn in April 22.
The complaint asks the court to annul Wilson's election and instead seat his opponent, Jason Hallett. Wilson beat Hallett 4,150 to 3,603 in the April 2 election. Both men served on the town board prior to the April election.
Frawley was named in the complaint because, as town clerk, she certified the election results.
Wilson and Frawley's attorneys filed separate answers to Cosner's complaint on Monday. In Frawley's response, attorney Corey Hoffmann said, "a deposition ... may be necessary to address whether plaintiff is eligible as a qualified registered elector of the town of Windsor." If not, Cosner would have no standing to bring the lawsuit.
Hoffmann also argued Frawley, as town clerk, exercised her discretion as the designated election official in interpreting the town charter that allowed Wilson to run.
Wilson's attorney, Mario Licolais, echoed Hoffmann's arguments.
Cosner said he lives on the second floor of 617 Main St., above Inga Fine Tailoring. He also owns several other properties in Windsor.
"I'm a registered voter there, I get my mail there, I live there," he said. "It's one of those things where folks are being defensive. Instead of asking 'is Barry qualified,' they want to attack the messenger."
Wilson was first elected to a four-year term in 2018 and reelected in 2022. He served two years in his second term before running for mayor. He resigned his seat before being sworn in.
Cosner's complaint states that according to the town charter, "the term of office for an elected official either as a board member or mayor, or a combination of both shall be limited to two consecutive elected terms."
The issue was first raised in a formal written objection to Frawley in January by resident Cindy Beemer, formerly Cindy Scheuerman, whom Wilson defeated in 2018.
The clerk dismissed the complaint because it was filed after the deadline for challenging Wilson's candidacy.
In a letter to Beemer, Frawley wrote that the town's interpretation of the charter allows for the "completion of two consecutive terms with the additional allotment of the partial term that would make up the final two years within the 10-year allowed period."
Since Wilson planned to resign his board seat with two years remaining to his term, Frawley wrote the action "would fulfill the 10-year period that is allowed under the charter."
It's the same protocol they followed when Kristie Melendez ran for mayor under the same circumstances as Wilson in 2016.
The complaint names Wilson individually and not as a town board member. That means he has had to hire and pay for his own attorney. As a town of Windsor employee, Frawley's legal bills are being paid by the town.
Wilson told the Coloradoan on Tuesday he plans to ask the town board to pay his legal expenses since Cosner is challenging the town charter "and they want me removed and my opponent sworn in."
Hoffmann did not return telephone calls or emails seeking comment.
This article originally appeared on Fort Collins Coloradoan: Windsor, mayor respond to election challenge
