Colorado: State Supreme Court strikes down voting rules in Recall Election | Examiner.com

The Colorado Supreme Court ruled that Colorado’s constitutional provisions governing the process for casting votes in Recall elections violate the First and Fourteenth Amendments to the U.S. Constitution, forcing last-minute changes to ballots and voting instructions in Colorado’s legislative Recall elections. The Colorado Supreme Court’s Order (to be followed by a full written Opinion at a later date) was issued in response to an interrogatory (request for judicial clarification) filed late last Friday by Colorado Governor Hickenlooper, seeking the court’s guidance on whether the requirements of the Colorado Constitution (Article XXI Section 3) for voting on the Recall question and possible successor candidates are consistent with the the First and Fourteenth Amendments to the U.S. Constitution:

Colo. Const. art. XXI, § 3 requires an elector who wishes to vote for a successor candidate in a recall election to also cast a ballot on the recall issue. Is this requirement consistent with the First and Fourteenth Amendments to the United States Constitution?

Colorado: State Supreme Court asked for guidance on recalls | Associated Press

Gov. John Hickenlooper wants guidance from the Colorado Supreme Court on how to count votes in two legislative recall elections, asking whether people have to answer “yes” or “no” first on whether they support the recalls to have their votes for a successor validated. The question is important because if it’s not resolved a legal challenge could then require a recount or even invalidate the entire election, according to a filing late Friday from Attorney General John Suthers on behalf of the Democratic governor. “A successful challenge would, at a minimum, require a recount, although a direr outcome — such as the invalidation of the entire election based on the distribution of faulty ballots — cannot be ruled out,” the court filing said.

California: What happens next after the mayor leaves office? | KFMB

Two candidates in a recall election to replace Mayor Bob Filner, who will officially leave office next Friday, have already filed their intentions to run, according to the City Clerk’s Office. Former Assemblyman Nathan Fletcher and Tobiah Pettus both ran last year in a campaign that Filner ultimately won. Fletcher, now an executive at Qualcomm, gained nearly 24 percent of the vote in the June 2012 primary election, but that was not enough to make the runoff. He made a splash during the campaign when, after he failed to secure an endorsement by the Republican Party of San Diego County, he turned Independent. Later, he re-registered as a Democrat. Pettus gained 0.71 percent of the primary votes.

Colorado: Election day voter registration attacked by GOP, defended by Democrats in Colorado | The Gazette

A politically polarizing new election law will get its first test run during the Sept. 10 recall elections in Pueblo and Colorado Springs. Same-day voter registration became mandatory with an elections overhaul bill that was signed into law in May. Democrats say allowing voters to register on election day provides greater access to the polls; Republicans say it will lead to rampant election fraud. It’s a debate being played out across the nation this year as states weigh the issue. The new law – HB1303 – will get its first test run during elections that are historic for being the first recall elections of state-level officials in Colorado. Voters will decide in two weeks whether to keep Sen. John Morse, D-Colorado Springs, and Sen. Angela Giron, D-Pueblo, in office.

Colorado: Emergency, not absentee, ballots available in recall election | The Pueblo Chieftain

For those with illness, disabilities or who can’t be present to vote at the polls in the September recall election, emergency ballots will be available. Absentee ballots will not be issued, Pueblo County Clerk and Recorder Gilbert “Bo” Ortiz said Tuesday. Emergency ballots, in this special election, are similar to absentee in a general election, but Ortiz urged voters to cast their ballots at polling centers.

Voting Blogs: Another legal challenge? Colorado law mandates a vote on the recall question for a successor vote to count | Recall Elections Blog

The Citizen Center’s Marilyn Marks has pointed out that the Colorado Recall requires that voters must cast a ballot on the yes-or-no recall question if they want to vote for a successor candidate. Just to be clear: Colorado, like California, has what I call a two-step/same-day recall vote — voters cast one ballot which has two parts: step one is the question of “Should this official be recalled?” and step two is “Who should be named as a replacement?” Colorado’s Constitution very clearly states that if you don’t vote on the recall question, any second vote is tossed out and doesn’t count. This is a ripe avenue for litigation, as California had the same provision in 2003. A US District Court tossed it out as unconstitutional (the case was not appealed). San Diego is facing the same question (which may very well be tossed out there as well). This one could be another minefield for the Secretary of State and the local Clerks.

Colorado: Concerns over military voting in recall election | The Pueblo Chieftain

It’s a scramble to make sure the recall elections of state Sens. John Morse and Angela Giron are fair after a judge ruled that candidates can join the race up until 15 days before the election. Some are concerned about the more than 900 military and overseas voters who’ve already received ballots that will likely be outdated by the time the Sept. 10 election day arrives. “Military service members overseas are going to have a difficult time voting and, if they do vote, many are going to lose the right to a secret ballot,” said Garrett Reppenhagen, a veteran and member of the nonprofit Vet Voice Foundation. For all elections, military members can vote through email, fax or a secure website, but they waive their right to a secret ballot when voting this way. One person in the county elections office sees their name and vote. “I think just trusting the fact that one person is going to see your ballot, and it’s not necessarily secret isn’t comforting to every service member and every voter,” said Reppenhagen.

Colorado: State Supreme Court declines to hear recall appeal | The Denver Post

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.

Colorado: Pueblo County Clerk asks high court to restore mail-ballot recall | The Pueblo Chieftain

Pueblo County Clerk Gilbert “Bo” Ortiz filed his appeal to the Colorado Supreme Court this afternoon, arguing that a Denver judge’s decision this week should be overruled and that a mail-ballot recall election on Sept. 10 should go forward as originally planned. State Sens. Angela Giron, of Pueblo, and John Morse, of Colorado Springs, face recall elections that day. Both are Democrats being targeted for supporting gun-control laws this year. Ortiz’s appeal says District Judge Robert McGahey erred in upholding the state constitution’s wording that says recall candidates should have until 15 days before the election to petition onto the recall ballot.

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: 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.”

Michigan: Law could lead to fewer recall elections | Columbus Ledger Enquirer

Michigan consistently leads the country in the number of elected officials facing recall, but major changes to its recall rules could change that. Citizens hoping to remove public officials from office must adhere to new requirements under a law signed seven months ago. Though experts are cautious in predicting a drop in recalls at this point — in part because drives targeting new officeholders couldn’t start until earlier this month — they won’t be surprised if a decline occurs. Michigan has “taken a lot of bite out of the recall,” said Joshua Spivak, a national expert on recalls and a senior fellow at Wagner College in New York. Key changes include shortening the time to collect recall signatures from 90 to 60 days and giving voters a choice between the officeholder and a challenger, not an up-or-down vote followed by a replacement election later on.

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: 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: 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: 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: 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.

Wisconsin: Assembly Speaker Robin Vos wants quick action on elections bill – State elections board wants go-slow approach | Journal Sentinel

Assembly Speaker Robin Vos plans to proceed quickly with a wide-ranging election reform bill despite objections from the state elections board. “Our main message to the committee today is please slow down,” said Michael Haas, elections director for the Government Accountability Board. “The legislation addresses some significant policy areas of election and campaign finance…that would benefit from more vetting.” But Vos, a Rochester Republican, said quick passage is necessary to enact election safeguards and properly train poll workers before the next election in spring 2014. “We adjourn on June 30, so it is my intention to get a bill passed by June 30,” Vos said, referring to the end of the Assembly’s floor period. He said he is happy to discuss components of the bill in a bipartisan fashion but stressed the need for additional safeguards in election law.

Wisconsin: Elections bill would make it harder to recall municipal and school officials | Journal Sentinel

Municipal and school officials could be recalled from office only if they have been charged with a crime or ethics violation, under a sweeping elections bill quickly moving through the state Assembly. Under other provisions of the bill by Rep. Jeff Stone (R-Greendale), new limits would be enacted on when people can vote in clerks’ offices before an election, ballots could more easily be thrown out and restrictions would be eased on when lobbyists can give campaign donations to legislators and the governor. The bill wouldn’t affect state and county elected officials, who can be recalled for any reason under the Wisconsin constitution. As a result, the proposal would not have prevented the recall election of Gov. Scott Walker last year or the attempted recall of Milwaukee County Executive Tom Ament after the pension scandal in 2002.

Arizona: Senate kills measure to make recall election changes | East Valley Tribune

A plan to revamp the state’s recall laws for all future elections fell apart Thursday as some Republican senators broke party ranks. On an 18-10 vote the Senate killed a House-passed measure which would have required both a primary and a general election in the event of a recall. Foes said they saw no reason to alter a system that has been in place since the early days of Arizona statehood. And its fate may have been sealed by a late alteration that created an even more convoluted system where a recalled official actually could be defeated in his or her own partisan primary and yet still be on the general election ballot.

Colorado: Questions linger following election canvass | Center Post Dispatch

Although the election canvass totals matched the votes cast for Center’s March 19 recall election, questions remain on why the canvass was conducted without checking mail-in ballot signatures against the State’s SCORE system. Town Clerk and Treasurer Christian Samora and Center Municipal Judge James Sanchez conducted the canvass, counting ballots, but not the actual results of the various races. Recalled candidates John Faron and Moe Jones requested, last week ,that during the canvass the signatures be checked with the system to verify that those who signed the ballot were those who received it in the mail. This comes after reports of rogue ballots being circulated by the recall committee in Center and several challenges made during the election process by watchers.

Arizona: Panel OKs altering recall election rules, election, recall, pearce | YumaSun

Hoping to avoid another ouster of one of their own, Republican legislators on Thursday voted to change the rules for recall elections. The measure approved by the House Judiciary Committee would require there be both a primary as well as a general election once a public official is recalled. Now, there is a single winner-take-all election. That distinction is important. That would mean only Republicans get to vote in the first step of the process in a recall of a GOP lawmaker. Whoever survives that partisan primary would face off against the Democrat and any others in the general election — assuming there is anyone else running in what might be a largely one-party district. Rep. Steve Smith, R-Maricopa, sponsor of HB 2282, made no secret of his interest: He was a supporter of Senate President Russell Pearce, the Mesa Republican who was ousted in a 2011 recall.

Voting Blogs: The Year in Recalls – 168 recalls in 2012; 509 petitions taken out | The Recall Elections Blog

As it is this blog’s second year, we are now looking at our second recap, and the number are pretty impressive. In 2012, there were at least 168 recalls in 93 different jurisdictions. Here’s my article in The Week examining the phenomena. This is an increase from last year, when there were 151 recalls. This year, I also compiled a list of how many times recall petitions were reported to have been taken out — 509 times. There were also numerous reported recall threats, but I never saw a follow-through, so I didn’t include those. I should point out that I am fairly certain that there are almost certainly recalls that I missed, so the 168/509 numbers should be seen as a floor, rather than a ceiling.

Michigan: Snyder signs bills to overhaul recall rules despite opposition from Senate minority leader | The Detroit News

Without ceremony, Gov. Rick Snyder signed two bills Thursday that make sweeping changes to the process for recalling an elected official. Critics say the bills could make it nearly impossible to recall a state senator or representative by limiting signature gathering to 60 days — instead of the current 90-day window — and limiting recalls to May and November election dates. The legislation changes the dynamic of a recall election by requiring a challenger to run in the recall race against the elected official who is being recalled instead of holding a referendum on the incumbent. One of the bills creates a process for a special primary election to nominate a recall challenger. Governors, however, would still be subject to a yes-or-no recall vote, as stipulated in the state constitution.

Michigan: Legislature passes recall election reforms to the ire of Democrats | Washington Free Beacon

Republicans in Michigan capped off a prolific lame duck session that included turning the home of the United Auto Workers into a right-to-work state by passing recall reforms. The Michigan legislature on Friday pushed through a bill that will limit the ability of interest groups and residents to recall elected officials. Challengers now have 60 days to file recall petitions, down from 90, and recall votes now require opposition candidates rather than up-or-down votes. Liberal activists have campaigned to recall Republican Gov. Rick Snyder since May 2011. That chorus has gained a few key labor voices since Dec. 11 when Snyder made Michigan the 24th right-to-work state in the nation and the second in the industrial Midwest.