A Denver District Court ordered today that Holtzman’s name be removed from the primary ballot in 48 hours unless the Colorado Supreme Court decides to hear his appeal.
“There is no evidence or basis in law to set aside or overturn the Secretary of State,” ruled Judge Robert S. Hyatt, referring to the secretary’s decision more than two weeks ago that Holtzman did not have enough valid signatures to make the Aug. 8 primary ballot.
Because the judge found Holtzman had “absolutely no reasonable probability of success on the merits” of his case, he would suffer no “irreparable harm” by not being on the ballot. Therefore, Hyatt ordered his name be removed from the ballot pending a 48-hour stay.
The ruling came after Holtzman’s legal team suddenly switched gears, telling Judge Robert S. Hyatt they would forego presenting evidence showing that Holtzman had enough valid signatures to be an official candidate. Instead, they will appeal the court’s decision last week that state law requires 1,500 signatures from each of the seven congressional districts, not merely 10,500 signatures from anywhere in the state. The appeal is expected to be filed Tuesday.
Appearing outside Denver City Hall, Holtzman said he ws confident he had collected enough signatures, but said a court evidentiary hearing was expected to take weeks he did not have. He also said the Supreme Court was the end of the line for his campaign, and if he loses, he will back GOP nominee Bob Beauprez.
“We will accept and abide by the decision of the Supreme Court,” Holtzman said. “I will support the Republican nominee because the alternative is unthinkable for Colorado’s future.”
