Colo. judge won't block recalls over gun votes

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Associated Press

Posted on July 19, 2013 at 1:06 PM

Updated Friday, Jul 19 at 1:07 PM

DENVER (AP) — Two Democratic Colorado state senators who supported gun restrictions say they won't appeal a Denver judge's ruling refusing to stop recall elections against them, meaning their political fate lies with voters now.

State Senate President John Morse of Colorado Springs and Pueblo Sen. Angela Giron (HEE'-rawn) had argued the recall petitions against them are invalid because they didn't ask for an election for a successor like the state Constitution mandates.

Denver District Court Judge Robert Hyatt ruled Thursday afternoon that the petitions shouldn't be thrown out on "hyper-technical grounds."

After the ruling, Gov. John Hickenlooper signed an executive order setting elections for both senators on Sept. 10. No Colorado state legislator has ever faced a recall election.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

A Denver judge refused Thursday to stop recall elections for two Colorado Democratic state senators who supported gun restrictions, even though the lawmakers are challenging the validity of the petitions.

Denver District Court Judge Robert Hyatt ruled against Senate President John Morse of Colorado Springs and Pueblo Sen. Angela Giron, who tried to have recall elections blocked because of missing wording on the 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 and shouldn't be thrown out on "hyper-technical grounds."

The lawmakers sought a preliminary injunction from the judge, which prompted the ruling. The lawmakers haven't said whether they plan to appeal.

After the ruling, Gov. John Hickenlooper signed an executive order setting elections for both senators on Sept. 10. No Colorado state legislator has ever faced a recall election.

Morse's campaign adviser Kjersten Forseth said "he believes in what he's done" and he's prepared to talk to voters.

"He needs to be judged on the entirety of his record, not just a few votes," she said.

Both lawmakers are being targeted because of their support for legislation that limits most ammunition magazines to 15 rounds and an expansion of background checks to include online and private firearm sales. Most Colorado sheriffs are also suing to overturn the laws, which took effect July 1.

Proponents of the recall and the sheriffs suing said the new laws violate the Second Amendment.

Attorney Mark Grueskin, who represented Morse and Giron, has argued that the recall petitions that were circulated for both lawmakers didn't tell signers everything they needed to know.

The petitions asked whether the lawmakers should be recalled but didn't ask whether an election should be held to appoint a successor. Grueskin said that omission invalidates every signature.

Richard Westfall, an attorney for the recall petitioners, said they followed the rules and relied on the guidance of elections officials who provided a form template used for recalls for years. The recall language Grueskin and Democrats argue is so critical is procedural, he said.

"There's no question whatsoever that the proponents of this case acted in complete good faith and tried mightily to comply with laws," Westfall said.

Grueskin argued that the fact the recall template language has been used for so long by secretaries of state poses a conundrum: "If government makes a mistake often enough does it stop becoming a mistake?"

Hyatt ruled the language isn't an "essential inclusion" in recall petitions.

"Colorado citizens' right to exercise the power of recall is a fundamental right, the exercise of which is to be liberally construed," he said.

While Giron's district favors Democrats, Morse faces a tougher challenge. When he was re-elected in 2010, he won by a couple hundred votes.

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