Colorado is Pissed: Part Three

Yesterday, 24 June 13, the Colorado Secretary of State certified that there are enough valid petition signatures to recall State Senator Angela Giron of Pueblo. The recall effort originally submitted 13,466 signatures. Following review by the Secretary of State’s office, 12,648 signatures were certified, exceeding the required number of 11,285.

Pueblo Freedom and Rights, the recall organization, is a grassroots organization headed by brothers Victor and Adam Head, both of whom are plumbers and union members. The organization did not use any paid petitioners. Instead, they relied on local volunteers who are furious that their representatives ignored the will of the electorate in order to advance a personal anti-gun agenda. Citizens feel that legislators are ignoring the people and are overstepping their bounds. Hence the recall.

In accordance with Colorado law, any eligible elector can file a protest with the Secretary of State within fifteen days in order to challenge the validity of the petition. Following the fifteen day time period, barring a successful protest, the Governor must set a recall election date within thirty days. I absolutely expect a legal protest to the Giron recall.(Update: A protest was filed to the recall petition shortly after certification of the requisite number of signatures. The protest is almost identical to the one filed in the Morse recall and also hinges on the language used in the petition. The protest was filed by a voter from the district, S. Douglas McMillan. A date for the hearing before the Secretary of State has yet to be set.)

A protest has already been filed in the Morse recall. Moments after the Secretary of State’s office validated the necessary 10,137 signatures necessary for the recall, Morse supporter Catherine Kleinsmith submitted a legal protest to nullify all of the signatures. The crux of the legal argument is that the language on the petition did not specifically demand the election of a successor for Morse. The protest argues that omission of that language invalidates every petition signature submitted to the state. The protest will be heard by the Secretary of State, Scott Gessler, on June 27 at a public hearing in Denver. The decision from that hearing could be challenged in the Denver District Court and possibly appealed to the Colorado Supreme Court.

Thus far two candidates have filed paperwork with the Secretary of State’s office stating their intentions to run in the recall election. Republicans Jaxine Bubis and William Herpin must gather 1,000 signatures from voters within the district in order to have their names added to the recall ballot. In the coming weeks several more candidates are expected to announce that they will compete for the seat. If challenges to the petitions are unsuccessful, it seems likely that both the Morse and Giron recall elections will take place in late August or September. The recall elections should make Colorado pretty interesting for a while. We’ll see what happens.

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