Marc Holtzman is taking Colorado into uncharted territory.
In his quest to make the primary ballot, the Republican gubernatorial hopeful has become the first person to challenge what was once considered established state law.
And that may delay the secretary of state’s office’s certification of the Aug. 8 primary ballot, which in turn could hold up getting ballots to voters.
“A delay beyond a few days could be a problem for county clerks,” said Deputy Secretary of State Bill Hobbs.
State law requires that the ballot be certified by Friday and that each of the state’s 64 counties print their ballots by July 7. A delay in printing could mean voters don’t get their absentee or early voting ballots on time.
At issue is who has jurisdiction to hear Holtzman’s appeal of last week’s ruling by the secretary of state that he did not have enough valid signatures to make the ballot.
Hobbs suspended a hearing on the matter Wednesday, saying he would await guidance from a judge on how to proceed.
Although there is a five- day period to protest a ruling before the secretary of state, Holtzman’s legal team – Mark Grueskin and John Head – has contended that the process spelled out in state law does not apply here. The statute, they say, refers only to cases in which Dennis finds sufficient signatures and someone objects to that finding. The law does not make reference to candidates such as Holtzman who have insufficient signatures.
Grueskin said he will file suit in Denver District Court today and ask a judge to decide whether to delay certification of the ballot until the court rules on the jurisdiction issues. A court hearing could start as early as today.
After Hobbs’ decision to suspend the proceeding, Grueskin said: “The secretary of state is eminently fair.”
If a judge rules the secretary of state has jurisdiction over the matter, Holtzman will challenge in a state hearing Dennis’ findings that he didn’t make the ballot, Grueskin said.
Others such as U.S. Rep. Bob Beauprez, the only official Republican gubernatorial candidate, and former U.S. Attorney Mike Norton also have filed protests with the secretary’s office, saying they found more invalid signatures. They too are on hold until a judge determines the appropriate course of action.
Like many events in the past few weeks, the hearing Wednesday took a bizarre turn just as it appeared everything was settled.
Hobbs originally ruled that a letter sent by Holtzman’s attorneys counted as an official protest. Because Grueskin and Head did not introduce any evidence substantiating their appeal, Hobbs dismissed their protest.
After some legal wrangling with Grueskin and a brief recess, Hobbs withdrew his ruling, opting instead to suspend the hearing.
Staff writer Karen Crummy can be reached at 303-820-1594 or kcrummy@denverpost.com.
