Colorado: Recall Election Update: Libertarians Strike Back | The American Spectator

As I mentioned yesterday, the Libertarian Party of Colorado sued the State of Colorado to get more time to petition candidates on to the ballots to replace two state senators who are facing recall elections. It seemed to me that the Libertarians were likely to win because their argument was based squarely on the state constitution, even though a victory by them would through some chaos into the election, particularly by making it impossible to conduct a proper mail-in ballot election. Indeed, news reports say that despite the recent passage of a law that requires all major Colorado elections to be by mail, this election will not be. Yesterday, the judge in the case ruled for the Libertarians, meaning they will have until late August to try to submit enough valid signatures to have their candidates’ names appear on the ballot.

Colorado: Sept. 10 election to go on | The Pueblo Chieftain

Denver District Judge Robert McGahey has ruled there will be no mail ballots in the Sept. 10 recall election because the state constitution requires that alternative candidates should have until 15 days before the election to qualify for the ballot. The ruling overrides the provisions of a new election law passed this year calling for mail ballots in all elections, but McGahey said the Constitution is blunt in saying candidates may petition onto the ballot until 15 days before the election. The judge’s decision means Pueblo County Clerk Gilbert “Bo” Ortiz will have to withhold the mail ballots he’s already prepared for the recall election for state Sen. Angela Giron, D-Pueblo.

Colorado: Judge’s ruling means no mail ballots in recall elections | KWGN.com

The Sept. 10 recall elections of two Democratic Colorado lawmakers was supposed to be the first test-run of a new election overhaul, passed this year by Democrats, that would have sent mail ballots to every voter. Now, those elections won’t involve any mail ballots at all. After a long day in court, District Judge Robert McGahey ruled in favor of Colorado Libertarians, who’d sued after being denied a spot on the recall ballot because they failed to meet a deadline, put in place by the new election law, to submit petitions within 10 days of the election date being set. McGahey agreed with the plaintiffs that the state constitution — which has, for 101 years, allowed candidates up to within 15 days of an election to submit their petitions — takes precedence over the new and, ultimately, flawed law. “I know what this decision means,” McGahey told the court as he issued the ruling around 7 p.m. Monday night, alluding to concerns from county clerks of escalating election costs and from Democrats who worried that the loss of mail ballots, which can’t be printed and mailed to voters in time if candidate signatures are validated so late, will lower voter turnout.

Colorado: Cash-strapped Pueblo County asks for election help, gets law lecture instead | Denver Post

Pueblo County reached out to the state to pay for a Sept. 10 recall election this week. But all County Clerk and Recorder Gilbert Ortiz got was a law lecture. Monday Ortiz sent a letter to Secretary of State Scott Gessler asking for the state to pay for an election on recalling state Sen. Angela Giron, a Democrat who riled up opponents earlier this year when she supported gun-control legislation. “Because of the last minute nature of the Recall Election, our Office does not have the money in our budget for these unexpected expenditures, nor does Pueblo County as a whole,” Ortiz stated in the one-paragraph letter. “Pueblo County has experienced recent emergency expenditures that have caused an unexpected financial burden to the County adding to our budgetary challenges and making additional funding from Pueblo County unlikely.” Clerk and Recorder Gilbert Ortiz told Secretary of State Scott Gessler that Pueblo County doesn’t have enough money in its budget to fund a Sept. 10 recall election.

Colorado: State won’t reimburse county for recall election expenses | The Pueblo Chieftain |

Colorado Secretary of State Scott Gessler said Tuesday that his office doesn’t have legal authority to reimburse or fund Pueblo County’s recall election in September. Pueblo County Clerk and Recorder Gilbert “Bo” Ortiz sent a letter Monday to the governor’s and secretary of state’s offices, and to state Sen. Pat Steadman, D-Denver, chairman of the Joint Budget Committee, asking for advance payment for the election. State Sen. Angela Giron, D-Pueblo, is being recalled by gun-rights supporters who say she overreached in supporting gun legislation. If voters decide to recall her, George Rivera, a former Pueblo police deputy chief and Republican, will take her place in the Legislature. In his response, Gessler said: “This office does not have the legal authority to reimburse your office for the recall election in Senate District 3. Your office should, however, be able to reduce your costs by 25-40 percent based on El Paso County’s experience.”

Colorado: Judge won’t block recalls over gun votes | Associated Press

A Denver judge refused Thursday to stop recall elections for two Colorado Democratic senators who supported gun restrictions, even though the lawmakers are challenging the validity of the petitions. Denver District Court Robert Hyatt ruled against Colorado Springs Senate President John Morse and Pueblo Sen. Angela Giron, who tried to have recall elections blocked because of a technical glitch on petitions to recall them. Morse and Giron argued the petitions were invalid because they didn’t ask for an election for a successor, as detailed in the state constitution. Hyatt ruled that the successor language isn’t required and that the petitions were acceptable. The lawmakers sought a preliminary injunction from the judge, which prompted the ruling.

Colorado: Recall efforts on hold, both sides head to court tomorrow | KOAA

Voters in both Pueblo and Colorado Springs gathered enough signatures to move forward with recall elections for Senate President John Morse and Senator Angela Giron. Those petitions are already deemed sufficient by the Secretary of State, but both camps are appealing the decision. Wednesday, that court battle will play out, with supporters of both senators and petition organizers. But those aren't the only sides getting involved. As we first reported last week, the El Paso County Clerk and Recorders office will be there, pressing the Governor to set a date for the Morse recall election.

Colorado: Gessler hires lawyer with ties to former firm to force Hickenlooper on recall elections | Denver Post

Republican Colorado Secretary of State Scott Gessler has hired an attorney with ties to his old law firm to file a bold court order against Gov. John Hickenlooper in an effort to force the governor to set election dates in the recalls of two Democratic state lawmakers. In a writ of mandamus, filed in Denver District Court over the weekend by attorney Steven Klenda, Gessler asks for an “expedited/emergency hearing” because Hickenlooper, a Democrat, has “refused to perform his constitutional duty to set a date for an election to recall” of Senate President John Morse, D-Colorado Springs, and Sen. Angela Giron, D-Pueblo. Colorado’s constitution says that an election date must come 60 days after the secretary of state’s office certifies recall petitions — which came on July 5. But Hickenlooper’s office is holding off until a Wednesday court hearing where a District Court judge will decide on a preliminary injuction that seeks to order Hickenlooper not be required to set an election date until the judicial process in the recall battle has ended.

Colorado: Secretary of State Scott Gessler has little time to make election law work | Denver Post

The work of Democrats in the legislature and Republicans collecting signatures in Colorado Springs and Pueblo has put a figurative ticking clock on the desk of Secretary of State Scott Gessler, the state’s chief election official. Nobody, however, is calling the tick-tock a time bomb just yet. Here’s the dilemma: Democrats passed House Bill 1303 in May, which requires that a ballot is mailed to every registered voter in each election, even the ones who haven’t voted in awhile. The law also allows residents to register all the way to Election Day. The law took effect July 1, and most assumed it would first apply to the primaries and the general election in 2014. Recall elections against state Senate President John Morse in El Paso County and Sen. Angela Giron in Pueblo mean Gessler’s staff has weeks, not months, to figure out how to make the system work without chaos for county clerks and fraud in the elections’ outcomes, a concern Gessler and his staff voiced before the bill was passed. Voters have had the option of choosing mail ballots for years — and most voters choose it — but now everyone will get a mail ballot, or choose to show up in-person at vote centers, if they wish.

Colorado: Recall Election Over Gun Laws Unprecedented | The Inquisitr

A Colorado recall election has been called against the state’s Democratic Colorado Senate President, John Morse. This effort could result in an unprecedented situation if Morse is successfully removed from office. More than that though, the recall election could become ground zero for an ongoing debate across the nation regarding gun control. The push to recall the Colorado Democrat comes from ire following new restrictions passed and recently enacted in the Southwestern state. According to LA Times, this includes a high-capacity magazine ban, universal background checks within the state, and an increase in gun fees.

Colorado: Democrats bear brunt of Colorado Secretary of State’s noncitizen voters hunt | The Gazette

Democrats make up more than half of the 155 suspected noncitizen voters that Secretary of State Scott Gessler is referring to prosecutors, according to figures released by his office Friday. The party affiliation breakdown shows that 88 of the voters are Democrats, 49 are unaffiliated, and 13 are Republicans. Five others are from minor parties, according to numbers provided by Gessler's office to The Associated Press. No charges have been filed yet against the voters, which Gessler said are being referred to prosecutors.

Colorado: Suspect voters sent to Colorado DAs mostly Democrats | The Denver Post

Democrats make up more than half of the 155 suspected noncitizen voters that Secretary of State Scott Gessler is referring to prosecutors, according to figures released by his office Friday. The party affiliation breakdown shows that 88 of the voters are Democrats, 49 are unaffiliated, and 13 are Republicans. Five others are from minor parties, according to numbers provided by Gessler's office to The Associated Press. No charges have been filed yet against the voters, which Gessler said Monday are being referred to prosecutors. It's the latest chapter in a heated debate that Gessler, a Republican, has helped drive since taking office in 2011, repeatedly saying noncitizens on voter rolls are vulnerability in the system. He said this week that officials "can no longer turn a blind eye" to it.

Colorado: Court agrees to hear Center case | Center Post Dispatch

The Colorado Supreme Court agreed Friday morning to hear the Center election contest case, but ordered that the board currently serving shall remain in place. Plaintiffs Maurice C. Jones and Citizen Center, a Colorado non-profit corporation, were directed to answer in writing on or before July 8, in order to explain why the relief requested in the petition to the court should not be granted. Christian Samora, Herman Sisneros, Geraldine Martinez and Edward Garcia were given 15 days to reply to the court. Jennie Sanchez and Mary McClure were granted permission to file an amicus curae brief in the case. The court also invited the Secretary of State’s Office to file an amicus brief.

Colorado: Voter citizenship checks yield few responses | Associated Press

The latest round of letters questioning the citizenship of some Colorado registered voters has 63 out of 298 people affirming their right to vote, and most recipients are ignoring the May letters altogether. The letters are part of an ongoing effort by Republican Secretary of State Scott Gessler to address what he says is a risk for voter fraud. Gessler's office provided the latest numbers to The Associated Press this week. Another 15 people who received letters last month said they weren't U.S. citizens and asked to be removed from voter rolls.

Colorado: Secretary of State Scott Gessler won’t face criminal charges, Denver grand jury says | Longmont Times-Call

A Denver grand jury ruled Wednesday that Secretary of State Scott Gessler did not violate the law when he used his office's discretionary fund to pay about $1,300 to attend the Republican National Lawyers Association meeting in Sarasota in August. However, the panel rebuked Gessler for using state money on the trip, and the secretary's subsequent trip to the Republican National Convention in Tampa. "The Grand Jury finds there was no criminal conduct related to the use of Discretionary Funds to attend the RNLA conference, in light of the Secretary of State speaking on a panel, the election law training at the conference, and the accreditation by Colorado Supreme Court for the CLE," the report stated. "However, the Grand Jury believes that the Secretary of State's decision regarding the use of the Discretionary Fund in order to attend a partisan and political conference like the RNLA was not prudent, especially when it was followed by a trip to the Republican National Convention."

Colorado: Lawmaker who supported gun control to face recall election | Fox News

The Colorado secretary of state's office on Tuesday declared that organizers behind a recall petition against a Colorado lawmaker who supported gun control had enough valid signatures to set up the first potential recall of a state lawmaker in Colorado history. The secretary of state said opponents of Senate President John Morse, D-Colorado Springs, gathered more than 10,000 valid signatures. They only needed 7,178 valid signatures, equaling 25 percent of all the votes cast in the previous state Senate election. The recall election would likely in occur in September, though legal challenges could drag the process into October. Lawyers for Morse are challenging the recall effort. They argued that the petition fails to use language defined in the Colorado constitution that "expressly include a demand for the election of a successor to the recalled official," The Denver Post reported.

Colorado: Secretary of State Scott Gessler wrong to use state funds for trip, ethics commission rules | The Denver Post

Secretary of State Scott Gessler "breached the public trust for private gain" when he used his office discretionary fund to pay for a trip to a Republican lawyers conference in Florida, the state ethics commission ruled Thursday. He also violated state ethics law when he kept $117.99 left in the fund last year, rather than submit receipts that he said accounted for hundreds of dollars more for unreimbursed mileage for state business. The commission penalized Gessler twice the amount in dispute, about $1,400, minus about $1,278 he chose to repay last month (to avoid any appearance of wrongdoing, his lawyer, David Lane, said). The precise amount will be published in the final order Tuesday. Gessler issued a written statement after Thursday's ruling accusing the five-member bipartisan commission of being out to get him.

Colorado: In Senate President recall, questions swirl with signature verification | The Denver Post

Senate President John Morse remains adamant he will charge forward into what could be the first recall election of a state lawmaker in Colorado history, though organizers in support of the Colorado Springs lawmaker are weighing all their options — including the possibility of Morse stepping down — before any election date is set. "Decisions are happening nonstop in a recall," said Kjersten Forseth, a consultant to A Whole Lot of People for John Morse, who notes that resignation is an option, though it's not a focus at this point. "As a team, we're always re-evaluating where we are on a daily basis. It's not something you can map out like in a normal campaign." Organizers vying to oust Morse because of his leadership in the passage of tougher gun-control laws submitted 16,199 signatures to the secretary of state's office last week, and of that total, 7,178 are needed to spark a recall election. Verification of those signatures could come as early as this week, and Morse backers note that they plan to contest every signature submitted if enough are verified to move forward with a recall election.

Colorado: Judge voids Center election but finds no intentional wrongdoing | Center Post Dispatch

After winding up testimony from Town Clerk Christian Samora and hearing closing arguments from both sides Thursday, District Judge Martin Gonzales rendered a timely decision Friday morning on the March 19 Center recall election. Gonzales based his decision strictly on the ruling handed down in the 1964 Colorado Supreme Court decision Taylor v. Pile: “If any absentee ballots are “numbered in such a manner that the vote of any person thereafter may be determined by comparison with the number on the ballot and the poll registration book is contrary to the state of Colorado's constitutional and statutory guarantee of a secret ballot and, therefore, void ab initio [from the beginning].”

Colorado: Senate President John Morse and Colorado’s unique resignation angle | Recall Elections Blog

As mentioned earlier, the Colorado state Senate President John Morse recall runs into a unique provision (at least for recall states) that could allow the Democrats to keep the Morse seat without a recall. However, the provision requires some explanation: The trick would only works if Morse resigns before the recall is certified to go to the ballot, and a stray sentence might limit it even further. Here's how it appears to work. Colorado's Constitution (Article V section 2)  requires that any state legislative vacancy be filled by a "member of the same political party..." Colorado fills its vacant state legislate seats by appointment by the county committee, not by special election. Therefore, if there is a resignation, a Democrat must be selected to fill the seat. But timing the resignation is critical.

Colorado: Ethics Commission opts to proceed with Scott Gessler hearing | The Denver Post

The Colorado Independent Ethics Commission decided Monday to proceed with a hearing Friday on whether Secretary of State Scott Gessler misused office money, including nearly $1,300 to go to Florida last year for a Republican lawyers conference. While in Florida, he attended the Republican National Convention, then bought a new ticket to fly home early after an e-mailed threat against his family. Gessler repaid the money on May 23. Gessler, a Republican, is considering a run for governor next year. Commissioners, in a telephone conference call, didn't speak directly to the reasons for pressing on. Nor did representatives from Gessler's defense or Colorado Ethics Watch, which filed the complaint.

Colorado: Gessler repays state for political trips, mulls governor's race | The Denver Post

Secretary of State Gessler reimbursed the state nearly $1,300 for a political trip to Florida last year, renewing speculation he plans to run for governor in 2014. His political director, Rory McShane, said Gessler's decision to reimburse the money — which led to an ethics complaint against the Republican office-holder — has nothing do with his election plans. Gessler on Thursday also filed a candidate affidavit for governor, which his office said was a campaign finance requirement after he publicly revealed last week he was thinking of taking on Gov. John Hickenlooper. Affidavits must be filed with 10 days of making a formal announcement or even signifying a possible run.

Colorado: El Paso County clerk says Colorado’s new election law will be costly | The Gazette

El Paso County will feel the pinch before the year is out from an elections bill that will kick in July 1. As a result of House Bill 1303, the upcoming November consolidated election in El Paso County will cost more, it will be tougher to find election judges and the likelihood of fraud will be higher, said Wayne Williams, El Paso County clerk and recorder. In the General Election in 2014, the impact will be more severe, Williams told the El Paso County commissioners on Tuesday. While the election in 2013 will cost an additional $134,212, in 2014 the county is looking at a whopping increase of almost $700,000. Most of the costs for this year's election will be borne by school districts with upcoming board elections because counties bear the initial cost, then bill the jurisdictions. In the General Election, however, the county's costs will soar.

Colorado: Ballot images from 2009 election online for public inspection | Aspen Daily News

Images of the ballots cast in the 2009 municipal election are available for public inspection now that a four-year legal battle between City Hall and an Aspen resident has come to a close. The city of Aspen made 2,415 ballot images available Thursday on its website, and released them to the attorney for Marilyn Marks, who sued the city for access to the ballots. There were a total of 2,544 ballots cast in the 2009 election; 129 of them have been withheld due to identifying markers that could be traced back to a voter. Marks, who on Thursday said she has not spent much time examining the images posted online, wondered why the city withheld 129 ballots and if officials plan to attempt to make contact with voters who cast them since it’s illegal to make distinguishing marks on a ballot.

Colorado: New election era dawns | Colorado Springs Independent

County Clerk Wayne Williams, a staunch Republican, can't hide his frustration. State Rep. Pete Lee, an equally determined Democrat, can't hide his elation. Many of the state's other county clerks, who are Republicans, actually feel the same as Lee. Everyone who cares about how Colorado's elections are run seems to have an extreme opinion about House Bill 1303, which sailed through the Colorado General Assembly in its final days and was signed into law last Friday. Mail ballots will now go out to all registered voters — in other words, there'll be no more "inactive" voters — and residents will be allowed to register and vote on election day, as in nine other states (including Idaho, Montana and Wyoming, which generally lean conservative).

Colorado: New law redefines how Colorado elections are run | KDVR.com

On Friday, Governor John Hickenlooper signed a bill to overhaul Colorado’s elections system to include same-day voter registration and mailing ballots to all voters. It’s called the Colorado Voter Access and Modernized Elections Act, and it redefines how elections are run here in Colorado. The elections overhaul allows same-day voter registration, and it allows registered voters to receive ballots by mail. But people can still vote in person, drop off their ballot or mail it in. The law also eliminates the category of “inactive” voters, or those who skip even one election. Another key component of the bill is that voters can now vote at any of the voting centers established in the measure, instead of following the current system that designates precinct polling places.

Colorado: Following National Trend, Colorado Passes Law Expanding Voting Access | IVN

Last week, the Colorado Senate voted in favor of an important election reform bill, making the state the latest example of a nationwide trend to expand voting access. In 2011 and 2012, a number of state legislatures passed laws implementing new restrictions on voter access, including requiring voter IDs, shortening early voting periods, or making it harder to register to vote. These initiatives, often led by Republican-controlled legislatures, were more or less successful as some were prevented from taking effect by court decisions. In 2013, the new trend nationwide seems to be undoing the effects of these restrictive laws. According to the Brennan Center for Justice, at least 204 bills expanding voting access have been introduced in 45 states. In comparison, at least 82 restrictive bills have been introduced in 31 states.

Colorado: Hickenlooper Signs Colorado Election Rules Overhaul | CBS Denver

A Colorado elections overhaul that includes same-day voter registration and mailing ballots to all voters has been signed into law. Democratic Gov. John Hickenlooper signed the bill Friday afternoon. Republicans raised concerns about voter fraud and no GOP lawmakers voted for the bill. But Democrats who sponsored the legislation say the goal is to enfranchise more voters and make it easier to vote. They argue the fraud concerns are unfounded.

Colorado: Democratic-backed elections reform bill heads to Governor | Colorado Statesman

The Senate on Thursday backed sweeping elections reform legislation that has polarized the legislature, resulting in marathon debate that kicked off Tuesday when Sen. Ted Harvey, R-Highlands Ranch, moved for the entire 126 pages to be read at length. The Democratic-controlled Senate passed House Bill 1303 by a party-line vote of 20-15, despite the stall tactic. Amendments were later approved by the House, which sent the bill to Gov. John Hickenlooper, a Democrat, for his signature. Sen. Angela Giron, D-Pueblo, and House Majority Leader Dickey Lee Hullinghorst of Boulder and Assistant Majority Leader Dan Pabon of Denver sponsored the measure. Senate Reading Clerk Max Majors on Tuesday during second reading read the bill for about two and a half hours, with help from staff. Long-time Capitol observers could not remember another time when such a long bill was read at length. During the redistricting debate of 2003, the reading clerk was asked to read Senate Bill 352, but the measure was only 20 pages. Republicans, who debated the bill on Tuesday into Wednesday morning for nearly seven hours, view its passage as a power grab. One by one they took to the well, drawing out debate on the measure, while Democrats mostly sat at their desks, choosing not to speak during the Republican filibuster.

Colorado: Elections bill being signed | The Denver Post

The governor is expected to sign a measure into law that would redefine how elections in Colorado are run, allowing same-day voter registration and having ballots mailed to all registered voters. Democratic Gov. John Hickenlooper is expected to sign the Democrat-sponsored bill Friday, according to two people working closely with the measure. They asked to remain anonymous because an official announcement had not been made. The bill passed with unanimous support from Democrats, but not a single Republican voted for it, citing concerns about voter fraud with same-day registration. Republicans also argued the measure would be a game-changer for future elections, and some called the measure the most important of the session that was packed with contentious legislation.