Colorado: Recall proposal sparks partisan dustup | Associated Press

Calling Colorado election law “dusty” and confusing, Democrats announced a plan Monday to update recall election regulations. Democrats called the plan nonpartisan, a straightforward effort to address conflicting, confusing language in state elections code. Republicans didn’t bite, immediately deriding the proposal as an effort to circumvent constitutional requirements for recalls. Colorado’s recall language came into focus last year, when two Democratic state senators were recalled over support for gun-control measures including expanded background checks.

Wisconsin: Secret Court Ruling Could Undermine Wisconsin Campaign Finance Law | PR Watch

A secret court ruling in the “John Doe” probe into campaign finance violations during Wisconsin’s 2011 and 2012 recall elections could have implications well beyond the investigation — if news reports from anonymous sources are accurate. Earlier this month, the Wall Street Journal editorial board reported that Wisconsin Judge Gregory Peterson had quashed subpoenas issued to Wisconsin Club for Growth and Citizens for a Strong America in the closed-door John Doe criminal investigation (which operates like a grand jury except in front of a judge), on grounds that it was not illegal for these supposedly independent groups to coordinate with the Walker campaign — since their ads supporting Walker’s reelection did not expressly tell viewers to “vote for” Walker or “vote against” his opponent. Wisconsin Club for Growth spent at least $9.1 million on these “issue ads” supporting Walker and legislative Republicans during the 2011 and 2012 recall elections, and in turn shuffled millions more to Citizens for a Strong America, which funnelled the money to other groups that spent on election “issue ads.”

Editorials: Colorado’s terrible election law has real-world consequences | Jon Caldara/Greeley Tribune

I’m not going to jail, at least not for voting. That means good news for me, and a chance to keep Coloradans’ trust in our election results, but only if the new General Assembly is willing to act on the terrible election law passed last year. While anti-gun legislation dominated the media during the last Colorado legislative session, the most dangerous bill passed was a revamp of our voting laws. Thanks to House Bill 1303, Colorado is now the poster child for sloppy election law. Not only does a cable TV or phone bill serve as a valid form of voter identification, but we’re also the only state in the country that has both all mail-in ballots and same-day voter registration. Under the new law our ballots, including yours, are flung through the mail like grocery-store coupons, whether you want them delivered that way to you or not. As the news site CompleteColorado.com reported, ballots in the last election were readily found in trash cans and apartment mail rooms, just ready to be harvested.

National: Power to the people? Remembering the year in recalls. | The Week

After recalls suddenly grabbed hold of the nation’s attention in 2012, anyone could have been excused for thinking they might have gone back to being little used, frequently ignored weapons this year. But 2013 proved such expectations wrong. Despite a sharp drop in their total number, recall elections once again managed to place themselves on centerstage in American politics. Unlike in Wisconsin in 2012, the most prominent recalls of 2013 did not appear to be stark Democrat versus Republican fights. Instead, it was a hot button political issue — the fight over gun control — that allowed recalls to push their way into the spotlight. Colorado, for instance, saw some of its most expensive state legislative elections in history: Two Democratic state senators — including the State Senate president — were kicked out and a third resigned, over the state’s new gun control laws.

Colorado: No charges against activist who voted in recall to point out flaws in Colorado law | The Gazette

The Attorney General’s Office will not charge Jon Caldara for voting in the September recall election of Sen. John Morse, despite what investigators deemed extremely suspect behavior. Caldara, a longtime Boulder resident and a Republican, used a new same-day registration law to register to vote in El Paso County and cast a ballot in the recall election. Caldara told the media that he was voting to prove a point: that the Democrats’ new election law was flawed and allowed voters to move from district to district and vote in close elections with little recourse. “It’s not a big surprise. I wasn’t worried about it,” Caldara said of the decision. “This law was created to legalize voter mischief. It was created so that voters could be moved around into districts where their vote was most needed at the very last moment of the campaign. All I did was to make public what happens privately.”

Wisconsin: Bill would loosen campaign donation restrictions | Wisconsin Radio Network

A bipartisan agreement (AB-225) at the state Capitol would update Wisconsin’s campaign finance laws and modernize the elections process. The bill, in part, would double existing campaign contribution limits in the state so that individuals can donate more money to candidates. Bill sponsors say steering more cash directly to the candidates would reduce special interest influence; however, Wisconsin Democracy Campaign’s Mike McCabe says this theory has already been tested and “it just doesn’t hold water.” “When we had the recall elections and there were no campaign contribution limits whatsoever, and a single individual gave as much as $510,000 to a candidate, the outside interest groups still outspent the candidates by close to $15 million.”

Colorado: Evie Hudak resigns: Colorado state senator avoids recall election | The Denver Post

State Sen. Evie Hudak resigned her seat Wednesday, ending a recall effort being waged against her days before gun-rights activists were to turn in petitions to try to oust the Democrat from office. In her resignation letter, Hudak said her decision would spare Jefferson County residents from having to shell out more than $200,000 for a special election, especially after the county has cut programs for seniors and mental health. She praised the gun laws Democrats passed in the 2013 session that sparked recall efforts against her and two fellow senators, Senate President John Morse of Colorado Springs and Sen. Angela Giron of Pueblo. Several Democratic lawmakers conceded that a recall election would have served as a distraction during the 2014 session for them and for Gov. John Hickenlooper, who is up for re-election. And if voters in Hudak’s district had voted to oust her and replaced her with a Republican, the GOP would have gained control of the Senate by one seat. Democrats now have only an 18-17 majority over Republicans, thanks to the successful recalls of Morse and Giron, who were replaced by Republicans. Under Colorado law, Hudak’s successor will be a member of her own party.

Wisconsin: Court filings seek to stop Doe probe into recall elections | Journal Sentinel

Three unnamed people have asked the Wisconsin Court of Appeals to temporarily halt a secret investigation of campaign fundraising and spending during Wisconsin’s recent recall elections. Madison attorney Dean Strang filed the five motions Thursday, according to online court records. The filings name special prosecutor Francis Schmitz and initially named retired Kenosha County Circuit Judge Barbara Kluka, who was originally in charge of the investigation. The filings were amended this week to reflect that the investigation is now being overseen by retired Appeals Court Judge Gregory Peterson. Kluka has not said why she recused herself. Copies of the court records were not available because Strang has filed motions to seal the petitions and related records. The filings, called petitions for supervisory writs, are requests that higher courts review how the investigation is being conducted.

Wisconsin: Assembly Republicans push through recall, photo ID, absentee voting measures | Associated Press

Assembly Republicans used the final regular session day of the year Thursday to push their proposals that would make it more difficult to remove public officials from office, require photo identification at the polls and limit hours of in-person absentee voting. Democrats, who opposed all the measures but didn’t have the votes to stop them, argued against the changes as an infringement on voter rights and attempt to quash Democratic supporters. Republican leaders defended the proposals, saying they would protect the integrity of the election process by allowing recalls only when those targeted have committed a serious crime, combat fraud by requiring photo identification and install a more uniform system for in-person absentee voting hours statewide. The Assembly isn’t the last stop for any of the hot-button elections issues. All would also have to pass the Republican-controlled Senate, and the change to the recall law for statewide officials would be put to a statewide vote. The soonest that could happen is 2015. The recall measure passed 53-39 with all Democrats opposed.

Wisconsin: Assembly to vote on recall election requirement | Associated Press

Recalling the governor and others from office in Wisconsin would be more difficult, in-person absentee voting hours would be restricted and photo identification would be required to cast a ballot under a flurry of divisive measures the state Assembly plans to pass Thursday. The elections bills aren’t the only hot-button issues the Republican-controlled chamber plans to approve on its final session day of the year. Also slated for passage are proposals limiting the public’s access to a proposed iron ore site in northern Wisconsin and undoing the 124-year-old practice of having the most senior member of the state Supreme Court serve as chief justice. Democrats oppose the proposals and plan to push debate into the early morning hours Friday, but they don’t have the votes to stop the bills. Instead, Democrats plan to use the opportunity to argue that Republicans’ priorities are misplaced. Democrats say Republicans should respond to the call from government watchdog groups, newspaper editorial boards and others to hold public hearings on ways to improve the process of redistricting, the process by which political boundaries are drawn.

Colorado: State Election Law Once Again Challenged in Colorado Courts | Examiner.com

The Colorado Election Law, HB13-1303 Voter Access and Modernized Elections Act of 2013, passed in haste last legislative session on a straight party-line vote (the Senate sponsors of the bill, Angela Giron and John Morse, were subsequently removed from office in Colorado’s first legislative recall elections in state history) has once again been challenged in court. The Libertarian Party of Colorado, joined by several individual plaintiffs, filed suit in Denver District Court (Saturday, 2 November 2013) seeking to ensure that voters in this year’s coordinated (nonpartisan) municipal and special-district (including school board) elections were able to vote – and only able to vote – on those races for which they were eligible under state statute and the provisions of the Colorado Constitution.

Wisconsin: Walker withdraws elections board nomination | Associated Press

Gov. Scott Walker wants to replace, without explanation, the former judge who led the nonpartisan elections board during Walker’s recall in 2012, raising questions about his motives for the unusual move. Walker’s office today provided The Associated Press with a copy of the governor’s Oct. 24 letter withdrawing the nomination for Senate confirmation of Judge David Deininger. Walker spokesman Tom Evenson had no comment on why the governor made the move. A Senate committee was to vote on the nomination Tuesday. “I feel like I’ve been fired and I don’t know why,” said Deininger, a former Republican lawmaker who was first appointed to the Government Accountability Board in 2008 by then-Gov. Jim Doyle, a Democrat. The board was established to be a nonpartisan arbiter of the state’s election and ethics laws, but some of its decisions have so angered Republicans they have called for it to be abolished and reconstituted.

Colorado: Court issues ruling on Colorado recall vote system | 7NEWS

The Colorado Supreme Court has reaffirmed its decision in two Colorado legislative recall elections that voters do not have to first vote “yes” or “no” on the recall to have their votes for a successor validated. The Colorado high court said Monday a state constitutional requirement that voters must first vote on the recall before voting for a candidate violates rights to voting and expression under the U.S. Constitution. The court’s written ruling came in response to a question from Democratic Gov. John Hickenlooper.

Colorado: Stakes grow in new Colorado gun control recall effort | Los Angeles Times

When a pair of Colorado lawmakers were recalled last month in a referendum on gun control, opponents had this to console them: At least, they said, the twin defeats did not alter the balance of power in Denver, the state capital. Now gun rights advocates are looking to change that. Organizers have received official go-ahead to start gathering signatures in a bid to oust state Sen. Evie Hudak, a Democrat from the Denver suburb of Westminister, who was the target of a failed recall petition drive earlier this year. The group, certified by Colorado’s secretary of State, has until Dec. 3 to collect just over 18,900 signatures to force a vote. The stakes: control of the state Senate, which Democrats hold by a tenuous 18-17 edge.  Hudak, who is in her second term, was one of four lawmakers originally targeted after the Democratic-controlled Legislature passed a series of sweeping gun controls in response to mass shootings last year in Aurora, Colo., and Newtown, Conn. The measures, signed into law by Democratic Gov. John Hickenlooper, include a requirement for universal background checks and a limit on ammunition magazines like the one used in the July 2012 theater shootings in Aurora, another suburb of Denver.

California: Ten years after Gray Davis recall, California still feels effects | Los Angeles Times

Ten years ago, California erupted in an anti-government, anti-establishment convulsion unlike any ever seen. Disgruntled voters seized the chance for a rare do-over, recalling their staid and serious governor, Gray Davis, and replacing him less than a year after his reelection with one of the most famous and exuberant personalities on the planet. It was only the second time in U.S. history a sitting governor was booted from office. The spectacle — a snap election featuring a color wheel of 135 candidates, including a former child actor, a porn star and a handful of professional politicians — shook California from its usual political slumber and captivated an audience that watched from around the world. A decade on, the effects are still being felt, albeit subtly, and not the way proponents imagined, or the way actor-turned-governor Arnold Schwarzenegger, the chief beneficiary, so grandly promised.

Colorado: Final election results show Morse lost by 319 votes | Colorado Springs Independent

The final results are in for the recall election of Senate President John Morse — and it was a squeaker. With additional ballots counted, it turns out that Morse lost by just 319 votes. With the deadline for receiving military and overseas ballots passed, all possible remaining legal votes in the Senate District 11 Recall Election have been collected and tabulated. The El Paso County Clerk and Recorder’s Office announces the official final result of the election as follows: The final results include an additional 76 ballots from military and overseas voters and 22 polling place provisional ballots that were counted after signatures were verified.

National: The Recall Is the New Normal: The Rise of the Permanent Campaign | Pacific Standard

Last week, in a first for the state of Colorado, two state legislators were recalled by their constituents. Senator Angela Giron (D-Pueblo) and Senate President John Morse (D-Colorado Springs) were sent packing in large part due to their votes in favor of new gun laws passed and signed into law earlier this year. As I’ve noted elsewhere (here and here), recall elections are a rarity in the United States, but they’re becoming increasingly common. There have only been 38 state legislative recall elections since states first began adopting the procedure in 1908. Seventeen of those—nearly half—have occurred just since 2010. And some of them, particularly the recent Colorado ones, would have to be labeled as political successes for their backers. A vocal and passionate minority (in this case, gun owners) wanted to punish some lawmakers for their votes and send a message of intimidation to others. They did that. My guess is that the recall will only become more popular in the coming years. Now, I remember quite a few people predicting the same thing after the successful 2003 recall of California Governor Gray Davis. In fact, it would be another five years before anyone would attempt to recall a state legislator, and another three years after that until an attempt to unseat another governor. Why would it not catch on then but catch on now?

Colorado: Officials reviewing voter fraud allegations | Colorado Springs Gazette

About 268 voters registered to vote or changed their address through election day to vote in the Senate District 11 successful recall of Sen. John Morse, D-Colorado Springs. The historic recall elections Tuesday in El Paso and Pueblo counties were the first under a new law that allows election day address changes and voter registration. Christy Le Lait, who ran Morse’s campaign to stay in office, said a stunt illustrating how to abuse that law that was covered widely by the media has cast a pall of doubt over those votes. “What is real, what isn’t, what’s fraud?” Le Lait asked. “I don’t even know how you start to look at that.” Morse, the sitting Senate president, was removed from office by 343 votes in the special election taken to the ballot by citizens angered by stricter gun laws who signed a recall petition. Le Lait said there are no plans to challenge the election results, which could be certified any day.

Colorado: Allegations of voter suppression efforts ignore the reality of recall elections | The Recall Elections Blog

We now have the usual flip side of the “gypsy voter fraud” allegations that we heard yesterday — an equally specious complaint of voter suppression. Part of the complaint is that the mail-in ballot law was tossed out for the recall. Nothing can be said about that — that’s the rules, and you got to play’em. The other, more important claim, is that the turnout is exceptionally low, even for a recall. However, this may not be borne out by facts. With a few, very noteworthy exceptions, recalls usually see lower turnout. Let’s look at another high profile state legislative recall. Arizona state Senate President Russell Pearce faced a recall which took place on an election day (albeit a true off year election). Election Day recalls should have higher turnout than a regular special election like in Colorado, and since Pearce was such a lightening rod, you might expect great turnout. Instead, 23,296 people voted, down from 31,023 who voted in the 2010 general election (when it was a safe seat).

Colorado: Democrats Accuse Opponents Of Voter Suppression | Huffington Post

The first recall election in Colorado’s history will determine on Tuesday the fate of two Democratic lawmakers, Senate President John Morse and state Sen. Angela Giron (Pueblo), who stand to lose their seats after voting for stricter gun laws earlier this year. But while national attention has focused on both recall fights as a referendum on gun control, anti-recall operatives say they’re battling an entirely different issue: Voting laws. Morse and Giron became the target of recall efforts after they supported a comprehensive gun control package that passed the state legislature in March. The reforms included background checks for all firearms purchases and a ban on high-capacity magazines that hold more than 15 rounds. Gun rights advocates, bolstered by the National Rifle Association, initially sought to recall four Democrats but only collected the required signatures to challenge Morse and Giron. But as the recall fight reaches an end, several Democrats working on the ground told The Huffington Post that if either Morse or Giron is defeated, it will be because their opponents were able to suppress voter turnout by making it difficult for constituents to cast their ballots. Turnout is typically low in recall elections, but one Democratic official estimated turnout of less than 15 percent across both counties.

Colorado: Gov. John Hickenlooper critical of Jon Caldara’s recall voting “stunt” | Denver Post

Gov. John Hickenlooper is the latest to weigh in with concerns about Jon Caldara’s residency switch Saturday so he could vote in the recall election of Senate President John Morse of Colorado Springs.  Caldara, a longtime Boulder resident, said he was was trying to make a point that a new election law passed by Democrats and signed into law by Hickenlooper in May undid residency requirements that had been in Colorado law for years. “We are hearing disturbing reports that some people are being encouraged to go to the polls, not to legitimately vote, but to disrupt the process,” Hickenlooper said in a statement issued today. “That would be unlawful and makes a mockery of the democratic process. We urge the county clerks in Pueblo and El Paso counties to make clear that people engaged in attempting to disrupt the elections are open to criminal prosecution. We’ve also reached out to the attorney general to help us ensure fair elections take place this week.” Morse and another Democratic senator, Angela Giron of Pueblo, face recall elections Tuesday for their support for gun legislation in the 2013 session. The Independence Institute opposed the bills, and Caldara talks about the election law on the group’s web site. The governor’s spokesman, Eric Brown, on Sunday talked about “political stunts.”

Colorado: County clerk discounts voter fraud allegations | The Gazette

As voters continued to cast ballots early in the recall election Saturday, questions swirled about voter fraud and ballot box stuffing. The fears are, so far, unfounded. Although Jon Caldara, president of the think tank Independence Institute, cast a blank ballot in the election Saturday to prove a point that ‘gypsy voting’ is very real. Caldara lives in Boulder but attested a Colorado Springs address was his permanent residence in a sworn affidavit. “It is easy to move voters around,” Caldara said Saturday morning after casting a ballot he left blank at the Garden of the Gods voting center. “The whole purpose of this was to finally show what I think and I speculate happens often, that people come and use this same-day voter registration to move voters around.”

National: Recall elections becoming routine around nation | Walla Walla Union-Bulletin

There was a time, not so long ago, when the phrase “permanent campaign” described a state of mind. Now, as the number of state legislators who find themselves facing recall efforts mounts, the permanent campaign is taking on a much more literal meaning. The recall election, once reserved for forcing out elected officials accused of crimes, ethics violations or gross misconduct, has become an overtly political tool — there’s even an app for recalls now. Since 2011, voters in four states have successfully mounted petition drives to recall state legislators over new laws curbing the influence of public unions or expanding the reach of background checks on gun purchasers. The number of recalls has spiked dramatically in recent years. Of the 32 successful recalls in the United States since 1911, one third — 11 — have taken place since 2011.

Colorado: A tale of two recall elections: Big contrasts in Colorado Springs, Pueblo | The Gazette

About 2,800 voters in Pueblo have already cast ballots in the recall election over three days of early voting, but in Colorado Springs polls have yet to open. It’s a contrast that has raised eyebrows at more than one advocacy group for public engagement and voting rights. “It’s a huge concern for us,” said Elena Nunez, executive director of Colorado Common Cause. “It’s the first time in many, many years voters won’t be able to get mail ballots and that’s created a lot of confusion and uncertainty about where people can vote.” Nunez said giving voters more chances to access the ballot is particularly important given the uncertainty leading up to the recall elections. Several court rulings have changed how the election would be handled – causing several iterations of election rules. Voters in Pueblo and Colorado Springs will decide on Sept. 10 whether to recall their state senators for gun legislation passed during the 2013 legislative session. Only residents within the districts of Sen. John Morse, D-Colorado Springs and Sen. Angela Giron, D-Pueblo get to vote.

Voting Blogs: A. Lawyers, Guns and Money — Q. What to Expect When You’re Expecting a Recall | The Recall Elections Blog

On September 10th, Colorado will be holding its first ever state-level recalls against two Democratic state Senators, Senate President John Morse and Angela Giron, for their support for gun control legislation. Petitioners actually went after two other legislators and discussed recalling the Governor, but they failed to turn in petitions for those officials. In many ways, these recalls are different than most famous recalls of recent years against Wisconsin Governor Scott Walker and California Governor Gray Davis in that the primary goal here is symbolic. These recalls will not result in Republicans gaining control of the Senate (absent a Democratic Senator flipping parties). Morse is term-limited and out of office in 2014. Democrats are not actively looking to draft new gun control laws, and since the Democrats control the House and the Governor’s office, the laws will likely not be revoked until a new full election.

Colorado: Judge tosses some of Scott Gessler’s rules for recall election | The Denver Post

A Denver District Court judge on Thursday ruled that the office of Secretary of State Scott Gessler went overboard when establishing rules for the first-ever recall elections of state legislators. “I do not think any of the matters that we’re about to deal with were enacted or adopted by the secretary of state’s office in bad faith,” Judge Robert McGahey said. “But I think some of them were wrong.” Two Democrats — Senate President John Morse of Colorado Springs and Sen. Angela Giron of Pueblo — face ouster over their support for gun-control legislation during the 2013 session. Their elections are Sept. 10.

Colorado: Ortiz will open voting Friday after Denver judge approves use of voter cards | The Pueblo Chieftain

Pueblo voters can start casting ballots in the contentious Sept. 10 recall election beginning Friday at one location — the Pueblo County election’s office at 720 N. Main St., from 9 a.m. to 6 p.m. County Clerk Gilbert “Bo” Ortiz made that announcement today after a Denver district court judge ruled that Ortiz could use voter information cards as a quick way to get voters through the process. All voters will have to sign a signature card affirming their identity. The recall election is for state Sen. Angela Giron, D-Pueblo. “We’ll have that one polling place open starting Friday and also on Monday, Labor Day,” Ortiz said after Denver District Judge Robert McGahey ruled on a number of challenges to the recall rules proposed by Secretary of State Scott Gessler.

Colorado: Voter ID card before judge | The Pueblo Chieftain

Pueblo County Clerk Gilbert “Bo” Ortiz was back in Denver District Court Wednesday challenging a rule that bars him from using county-created identification cards as proof of voter identity in the Sept. 10 recall election for state Sen. Angela Giron, D-Pueblo. Denver District Judge Robert McGahey said he would rule on that question and others related to the recall elections Thursday. For instance, the Libertarian Party is challenging the legality of letting voters use an “emergency” email ballot that does not protect their identity. Ortiz already has sent out the yellow voter cards to Senate District 3 voters and each has the voter’s name, address and a voter identification number. Ortiz intended them for fast “express” voting. Secretary of State Scott Gessler advised Ortiz late Tuesday those cards can’t be used as proof of identity. Gessler said Ortiz must stick to previously accepted documents for voter identification, such as a utility bill, driver’s license or passport.

Colorado: Election complaint filed against recall candidate Bernie Herpin | The Gazette

A Manitou Springs woman has filed a complaint against recall election candidate Bernie Herpin for ads he sent out attacking the Democratic senator he hopes to replace. The door hanger, which says “Paid for by Bernie Herpin for Senate District 11” advocates for the recall of Sen. John Morse, D-Colorado Springs. Ann Schmitt says in the complaint that candidate committees are supposed to refrain from spending money or advocating in issue campaigns. The recall portion of the ballot is an issue campaign – with committees advocating for voters to vote ‘yes’ or ‘no’ to kick Morse out of office. The second portion of the ballot is a candidate campaign – with the Republican candidate Herpin advocating for votes to replace Morse if he is recalled. So Morse’s campaign, which is an issue committee, would be unable to campaign against Herpin who is a candidate and vice-versa.

Colorado: Court issues guidance to count recall votes | The Coloradoan

Voters in two Colorado legislative recall elections over new gun laws don’t have to first vote “yes” or “no” on the recall to have their votes for a successor validated, the state Supreme Court said Tuesday. A state constitutional requirement saying voters must first vote on the recall before voting for a candidate violates rights to voting and expression under the U.S. Constitution, the Colorado high court said. The court’s brief statement came in response to a question from Democratic Gov. John Hickenlooper. The decision is the latest twist in recalls that have triggered legal challenges and drawn the attention of big-money contributors like New York Mayor Michael Bloomberg and the National Rifle Association. Bloomberg wrote a check for $350,000 to support the Democratic candidates targeted for recall, according to the latest campaign finance disclosures.