Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Giron backer protests recall petitions (CO, Anti-2nd Amend. State Senator)
Gazette ^ | June 25, 2013 | 2:45 pm | Megan Schrader

Posted on 06/26/2013 11:08:45 AM PDT by Red Steel

The recall petition aiming to oust Sen. Angela Giron, D-Pueblo, will face a legal challenge almost identical to the one filed against the Sen. John Morse recall effort.

S. Douglas McMillan, a voter from Senate District 3, challenged the validity of the petition on Tuesday saying it doesn't include all the language required for a recall election in state law.

If the Secretary of State's office rules in favor of McMillan's legal interpretation, all 12,648 petitions would be thrown out, and Giron's name would not appear on a ballot asking voters if she should be kicked out of office.

Giron and Morse were targeted for recall petition drives after they supported legislation during the session that banned high-capacity magazines and requires background checks on all gun sales.

Both recall efforts collected enough signatures - at least 25 percent of the voters who participated in the last election for each senator - to put the politicians' names on a ballot in coming months.

But both petitions did not include language that opponents say is required under the state constitution for a valid recall. That language specifies that if recalled, the outgoing senators would be replaced by newly elected candidates.

"This isn't about a 't' that wasn't crossed or some missing punctuation mark," Mark Grueskin, an election lawyer who is handling both challenges, said in a prepared statement. "This is a substantive element of a recall petition."

Victor Head, who lead the petition drive against Giron, disagreed.

"We had lawyers draw up the statement, it was approved by the secretary of state," Head said Monday. "I think it's kind of disingenuous of her because she pushed for the voter modernization act . and here they are trying to stop an election on a technicality like that."

The challenge on Morse's petition will be heard Thursday at the Secretary of State's Office, and a date has not been set yet for Giron's hearing.


TOPICS: Constitution/Conservatism; Crime/Corruption; US: Colorado
KEYWORDS: banglist; democrats; elections; giron; guncontrol; secondamendment

1 posted on 06/26/2013 11:08:45 AM PDT by Red Steel
[ Post Reply | Private Reply | View Replies]

To: Red Steel

Spurious, legalese argument from a tyrant who already slapped down the race card. Pathetic, fascist.


2 posted on 06/26/2013 11:16:26 AM PDT by thorvaldr
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red Steel

The Rats will do anything to keep their piece of cheese


3 posted on 06/26/2013 11:17:09 AM PDT by ZULU ((See: http://gatesofvienna.net/) Obama, do you hear me?)
[ Post Reply | Private Reply | To 1 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson