Colorado Secretary of State goes to Court to force Gov. John Hickenlooper to set a date for Gun Control Supporters Recall Elections

Colorado Senate President John Morse,
and right, Senator Angela Giron

Colorado Secretary of State Scott Gessler filed paperwork in district court this weekend to force Gov. John Hickenlooper to set a date for the recall elections of two Democratic gun-control supporters. 

“John Hickenlooper, the governor of Colorado, has refused to perform his constitutional duty to set a date for an election to recall Colorado state Senators John Morse and Angela Giron,” Gessler argued in the court filing. “His refusal to perform this mandatory and ministerial duty is frustrating the right of Colorado citizens to vote promptly on whether these senators should remain in office, and preventing election officials from complying with statutory deadlines for a recall election.”

The filing comes after Gessler’s office certified that Morse’s opponents had gathered enough signatures to trigger the election, and after his office rejected an attempt by both lawmakers’ supporters to have the petitions thrown out on a wording technicality. 

By law, the election is required to be held within 60 days of Gessler notifying Hickenlooper’s office that the recall is certified and valid, which occurred on July 5.

But Morse quickly filed a motion in district court asking for a preliminary injunction to keep Hickenlooper from setting a date until Morse’s attorney can again argue against the validity of the petition. 

Gessler argues that’s the 60-day clock began ticking on July 5 and that the legal challenge has no bearing on Hickenlooper picking a day for the vote.

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