Republican gubernatorial hopeful Marc Holtzman filed an emergency motion with the Colorado Supreme Court on Tuesday, requesting his name remain on the primary ballot until the court rules on his appeal.
Holtzman’s legal team also asked the court to reverse Denver District Court Judge Robert S. Hyatt, who ruled last week that Holtzman needed 1,500 signatures from each of the state’s seven congressional districts to make the Aug. 8 primary ballot.
Bob Beauprez, the only official Republican candidate for governor, filed a written opposition to Holtzman’s request.
Secretary of State Gigi Dennis found nearly three weeks ago that Holtzman did not meet that requirement in the 1st and 7th districts. Hyatt on Monday ordered Holtzman’s name removed from the ballot in 48 hours unless the Supreme Court decides to hear his appeal.
The fight has centered on the interpretation of one statute, which says:
“Every petition in the case of a candidate for an office to be filled by vote of the electors of the entire state shall be signed by at least one thousand five hundred eligible electors in each congressional district.”
Holtzman’s argument to the Denver District Court and the Colorado Supreme Court:
The requirement of 1,500 signatures does not mean that number from each district, but can be construed to permit signatures from registered Republicans located anywhere in the state of Colorado. A candidate need only collect a total of 10,500 signatures from anywhere in the state.
Denver District Court Judge Robert S. Hyatt ruled:
The language used by the legislature is “plain, clear and unambiguous.” The law is intended to require a candidate to get “broad-based” support from throughout the state.
