A lawsuit against Colorado Secretary of State Scott Gessler was filed in Denver District Court Wednesday by the Libertarian Party of Colorado over access to the ballot in the upcoming recall elections.
The suit alleges Gessler violated provisions of the Colorado Constitution that provide fair access to the ballot by all qualified candidates, according to a news release from the party.
The elections are scheduled for Sept. 10. Senate President John Morse of Colorado Springs and Sen. Angela Giron of Pueblo, both Democrats, face recall efforts because of their support of gun legislation. Republican Bernie Herpin has qualified for the ballot in Colorado Springs and Republican George Rivera has qualified in Pueblo.
The issue stems from a July 22 emergency ruling by Gessler requiring 10-day deadline for successor candidates in nominating petitions for a recall election, according to the news release.
“Article XXI of the Colorado Constitution allows any qualified candidate the right to submit completed nominating petitions up to 15 days in advance of the election date,” the party says in its release.
“It is clear that this hasty rule by the Secretary of State conflicts with the Constitution, and we have filed suit to ensure that we have the full time granted by the people of Colorado,” said Jeff Orrok, Libertarian Party State Chair in the release.
“We oppose any attempt by the legislative or executive branches to deny our candidates, our members, and the voters of Districts 3 and 11 their fundamental rights and the ability to choose the best replacements for these overreaching senators.”
Richard Anglund of Pueblo and Gordon Butt of Colorado Springs are listed as co-plaintiffs in the suit, the release states.
Should a ruling be in the plaintiffs’ favor, the group expects the Gessler to accept nominating petitions through Aug. 26, according to the release.
Ryan Parker: 303-954-2409, rparker@denverpost.com or
