By Associated Press - Wednesday, September 21, 2022

COLORADO SPRINGS, Colo. — An attorney for a Colorado lawmaker has asked El Paso County prosecutors to dismiss a felony charge that he voted outside the district he lives in and represents in 2020, citing incorrect information presented to a grand jury before his indictment.

Dan Kaplan, an attorney for Democratic Sen. Pete Lee, filed a motion to dismiss on Tuesday, stating the wrong residency information was provided to prosecutors by the state Office of Attorney Registration, The Colorado Sun reports.

The office told prosecutors of the mistake last week, and the El Paso County District Attorney’s Office is reviewing the case, spokesman Howard Black said.

Lee, whose website says he practiced law for 25 years, chairs the state Senate Judiciary Committee. He was indicted in August.

“We believe that the erroneous information would have resulted in no indictment being issued,” said Lee, who previously denied any wrongdoing.

The felony charge carries a possible penalty of one to three years in prison and a possible fine of up to $100,000.

Lee‘s next court hearing is set for Oct. 18.

Lee is not seeking a second term in November’s election after being elected to represent his El Paso County district in 2018. He previously served in the House.

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