Skip to comments.Judge rules for Libertarians, putting new wrinkle in recall against Morse, Giron (Colorado)
Posted on 08/12/2013 7:43:10 PM PDT by Red Steel
DENVER - Mail-in ballots for recall elections for two state senators will be tossed out after a judge ruled Monday to use a constitutionally-set deadline for candidates to allow more access to the ballots.
Judge Robert McGahey considered a lawsuit brought by Libertarians last week alleging they were wrongfully denied the ability to get a candidate on the Sept. 10 recall elections for Senate President John Morse, D-Colorado Springs, and Sen. Angela Giron, D-Pueblo.
The constitution says that candidates can get on a ballot by turning in enough valid signatures within 15 days of election day, which would make mail-in ballots impossible under any scenario. Last legislative session an election overhaul bill created a new window for recall elections that was 10 days from when the governor set the election date.
Two candidates missed that new window and filed suit that it was unconstitutional.
McGahey said Secretary of State Scott Gessler erred when ignoring the constitution in favor of a new state statute that set deadlines for ballot access in the recall elections.
The new deadline was important for another part of the new election law that required ballots to be sent in the mail to every registered voter, regardless of whether they requested one.
El Paso County Clerk and Recorder Wayne Williams testified in court Monday that the 10-day window was not enough time to get the candidate names and have mail-ballots printed in compliance with the new law.
Morse, who is trying to retain his seat in the face of a recall effort sparked by his support of gun legislation, said the ruling will disenfranchise hundreds of voters, including those who are overseas.
More than 600 ballots have been sent to overseas voters, but those didn't include the other candidate's name and will be invalid.
Candidates now have until Aug. 26 to qualify to be on the ballot.
Oops 14 days ;^)
Better to go with 13, that way there's a little
wriggle room if something suddenly comes up.
600 overseas voters?
Morse faux concern.
I suspect Morse may help the Libertarian get on the ballot. The Liber took enough votes from the R candidate in the last election for Morse to win.
Truth be told, I'm of a libertarian bent as well, but it's more of a Rand Paul/Sarah Palin type. It's the doctrinaire Libertarians who've thrown this turd into the punch bowl.
It’s just a state senate district.
Libertarian turd-in-the-punchbowl or not, if Morse doesn't like this, it must be a good thing, no?
This is probably good news for the good guys (and gals) here in Colorado. It gives the edge to the side that has the most dedicated (pissed off) voters since anyone who wants to vote has to drag their bee-hinds out to physically vote at the physical polls.
Same thing happened in Montoland. The gov and sen races went to the dems because 5% of the vote went to the libertarians who were helped out by democratic front groups that got the libertarian vote out.
This is the way I see it also.
The best of all possible outcomes would be for the Libertarians to now fail to get enough signatures to get on the ballot. This leaves all the dedicated voters with only the Republican offering.