Colorado judge refuses to block recall elections over gun control votes

Rocky1

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Quote:Colorado judge refuses to block recall elections over gun control votes

Published July 18, 2013
Associated Press

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

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. Afterward, Gov. John Hickenlooper signed an executive order setting elections for both senators on Sept. 10. They will be the first recall elections ever for a Colorado state legislator.

"I have already been elected twice, I am excited by the prospect of being elected a third time," Morse said in a statement announcing he won't continue his legal challenge. Giron also said she won't appeal.

"This last legislative session was my best yet and this is a great opportunity to continue talking to folks in Pueblo about all our successes," she said in a statement.

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, had 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 argued that omission should invalidate 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 said the fact the recall template language has been used for so long by secretaries of state posed 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.


Read more: http://www.foxnews.com/politics/2013/07/...e#ixzz2ZTTbLw6o
 
Quote:
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.


True, more D's in her district.

But, there was a whole bunch of Dems that signed her recall petition. That [beeep] has gotta be pukin her liberal guts out today.

I feel it'll be real close with jiron. morse should already be considered a done deal. Sumbitch outta resign today and save the state some money.
 
Originally Posted By: doggin coyotes

True, more D's in her district.

But, there was a whole bunch of Dems that signed her recall petition. That [beeep] has gotta be pukin her liberal guts out today.

I feel it'll be real close with jiron. morse should already be considered a done deal. Sumbitch outta resign today and save the state some money.



No you don't want him to resign because then our illustrious governor can appoint his replacement, no doubt another fall in line liberal would get the seat.

Are they still going to run that pro gun democrat against Giron over there? (forgot this name)
 
Originally Posted By: Furhunter
Are they still going to run that pro gun democrat against Giron over there? (forgot this name)

George Rivera(the retired police commander) is the only name I've heard mentioned. He's Republican.


I like what I've heard Rivera say. But it seems like all the bastards change once they get in a position with a little authority. Just the nature of a politician.
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It's called political perks doggin... free meals, free drinks, free hookers, free vacations with/without the wife and family, contributions to campaign funds, college tuition for your children, and all you have to do is vote yes/no on this one little itty bitty bill. And, after the first time round, it gets to be easier and easier, and it just comes natural after awhile. Then directly your brain goes out with yesterday's shredded scandal documents, and you become a full fledged politician! Rather than try to fake it you just walk down the hall, see who's holding the biggest fist full of money, and ask how they want you to vote. Thereafter contriving reasonless explanations for your criminal foibles in attempts to cover up your ineptitude and greed, all while lying out your @ss trying to get reelected to another term.
 
Originally Posted By: doggin coyotesOriginally Posted By: Furhunter
Are they still going to run that pro gun democrat against Giron over there? (forgot this name)

George Rivera (the retired police commander)?

That's still the plan. I haven't heard a Republican mentioned yet.

I like what I've heard Rivera say. But it seems like all the bastards change once they get in a position with a little authority. Just the nature of a politician.
smile.gif


Is that the same cat the RMGO is backing against her. I donated a few bucks to a guy off their site a couple months ago, wondering if it was him. I looked on their site this morning again to find the same info and couldn't find it.
 
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For some reason I was thinking Rivera was D (maybe he once was?). But he is officially R now.
smile.gif


Either way he is the only one I've heard of so far that has said he will run if jiron's recall is successful. I don't know who the D's have in mind.

The local group here (Pueblo Freedom & Rights) in district 3 is backing Rivera.

I don't think I've heard RMGO officially name who they would support in district 3. Surely it would be Rivera.
 
I would think the Democrats would be optimistic and not name anyone until such time as these two are officially removed from office.
 
Originally Posted By: Rocky1I would think the Democrats would be optimistic and not name anyone until such time as these two are officially removed from office.



Yeah. Well I'm being optimistic and thinking BOTH of them are as good as RECALLED, RECALLED, RECALLED. Dems might as well get it over with and name the next azzholes in line now.

Dear God I hope I'm correct in my optimism.
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Honestly(and I say this sadly)I don't think we can pull it off with jiron. Way to many blind, ignorant, hard core D's in district 3.
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It will probably take God's intervention to get er done.
 


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