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DENVER—Former GOP congressman Tom Tancredo is negotiating with the American Constitution Party to run for Colorado governor and replace their candidate, Benjamin Goss, on the ballot.

The move would give the party prestige and Tancredo a way to get on the November ballot without running as a Republican. Ballots for the GOP primary have already been mailed, and there is no way Tancredo could replace one of the two Republicans in the primary.

Tancredo said he believes the two GOP candidates in the Aug. 10 primary, Scott McInnis and Dan Maes, have no chances of winning the general election against Democratic Denver Mayor John Hickenlooper.

He said conservative voters deserve a better choice, and gave both candidates until noon Monday to agree to step down if the primary winner is losing in the polls, or he will enter the race.

“I, for one, will do what is necessary within those limitations to avoid the electoral disaster looming on the horizon. That disaster would not be limited to the loss of the governor’s race, but of many down ticket races. The grassroots electorate would lack any incentive to get to the polls,” Tancredo said.

Goss confirmed the negotiations.

“We are talking to Tom,” Goss said. He declined to say whether he was stepping down voluntarily.

The American Constitution Party was founded on the belief the nation is governed by a constitution rooted in Biblical law and administered by representatives elected by the people to preserve, protect, and defend it against attacks by all its enemies.

State law requires unaffiliated voters to be unaffiliated for a year before they can run for office. Tancredo could also run as a write-in candidate, but he would have little chance of winning.

Tancredo had said conservative voters deserve better choices after both candidates ran into political trouble.

McInnis ran into opposition from members of his own party after he accepted responsibility for plagiarizing from a judge’s work. Maes was criticized for refusing to release his tax returns and for campaign finance violations after he billed his campaign $44,000 for mileage over the past year and a half.

Colorado Republican Party chairman Dick Wadhams said the party researched the bylaws for the American Constitution Party and determined replacing a candidate before the general election would be legal.

“I think that would really be stupid. My reaction at this moment is that Tom Tancredo will have the good judgment to not imperil our ability to win the governor’s race in 2010,” Wadhams said.

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