The Colorado Supreme Court on Thursday declined to hear an appeal that sought to throw out this week’s ruling by a Denver district judge that recast a pair of recall elections of state lawmakers. The decision means Monday’s ruling by District Judge Robert McGahey stands. McGahey agreed with arguments made by the Libertarian Party of Colorado that prospective candidates in the recall elections of Democratic Sens. John Morse of Colorado Springs and Angela Giron of Pueblo can petition onto the ballot up until 15 days before the Sept. 10 election.
The ruling , which cites the state constitution, makes it difficult for clerks and the secretary of state to follow a new elections law that requires ballots to be printed and mailed to voters. Colorado’s Supreme Court split 3-3 in its decision on whether to hear the appeal. One justice did not vote.
Clerks in El Paso and Pueblo counties had followed state statute and allowed a 10-day window from when the governor set the election date to allow candidates to submit 1,000 valid signatures so they could appear on the ballot. Republicans Bernie Herpin and George Rivera submitted enough signatures, and their names are the only ones that now appear on ballots in Colorado Springs and Pueblo, respectively, other than the incumbents’.