Republican gubernatorial hopeful Mark Holtzman asked Denver District Court on Thursday to immediately place his name on the primary ballot – even though it’s still unclear if he has enough valid signatures.
The complaint filed by Holtzman’s legal team late Thursday contends the secretary of state’s office may certify the primary ballot today – as required by law – leaving Holtzman in “immediate danger” of not being included. His attorneys argued that while Holtzman could suffer “irreparable harm” by being left off the ballot, no one would suffer by his being included.
“No harm can result either to the Secretary or to the other candidate running for the Republican nomination for Governor, Bob Beauprez, should the court grant the requested relief,” the complaint states.
If for any reason Holtzman is later ruled ineligible, “the secretary can be ordered not to count votes cast for plaintiff.”
The suit also asks the court to find that Holtzman has gathered the required 1,500 signatures from the 1st and 7th congressional districts. Last week, Secretary of State Gigi Dennis ruled Holtzman was short in both.
Holtzman attorney John Head said he will file additional requests with the court today.
Dana Williams, Dennis’ spokeswoman, said certification of the ballot is in a holding pattern.
“Our staff is still doing all the work to certify the ballot so when we get direction from a court, we won’t hold up the process,” she said.
Former U.S. Attorney Mike Norton, a Beauprez supporter, beat Holtzman’s attorney to the courtroom, filing a suit Thursday morning. He asked Denver District Court to affirm Dennis’ finding. Norton also requested that the court order the secretary to reject another 10,000 signatures of Holtzman’s 21,000 that he alleges are flawed for various reasons.
Norton filed on behalf of three Republicans with ties to Beauprez and Gov. Bill Owens, who backs Beauprez: Chris Castilian, a lawyer and former deputy chief of staff to Owens; Melanie Worley, a Douglas county commissioner who has contributed to Beauprez’s campaign; and Betty Jean Woodis, also a contributor to Beauprez’s gubernatorial campaign and his congressional races.
Beauprez’s campaign manager, John Marshall, said Beauprez’s campaign is not involved with Norton’s suit.
Also Thursday, Owens and Dennis responded to a request for documents and communications related to her appointment.
Clear Peak Colorado said it filed the requests because of rumors that Dennis is a potential running mate of Beauprez. Dennis said she has not been approached by Beauprez.
But the Democratic group was unhappy with the response and filed a follow-up request, spokesman John Willard said. It is “implausible,” he said, that there are no records of phone calls or e-mails between Owens and Dennis.
Jon Anderson, Owens’ chief legal counsel, fired a letter back.
“It is insulting to infer that the Office of the Governor would purposefully withhold the release of documents in direct violation of state statute,” he wrote.
Staff writer Chris Frates contributed to this report.
