PUEBLO UNITED FOR ANGELA ANNOUNCES LEGAL CHALLENGE TO RECALL PETITION
Protest to Secretary of State’s Presumption of Sufficiency Would Nullify Recall Attempt
The petitions filed with the Colorado Secretary of State to recall State Senator Angela Giron are all invalid, according to a legal challenge filed by S. Douglas McMillan, a registered voter from SD3 and constituent of Sen. Angela Giron. The challenge would nullify the purported sufficiency of the signatures and result in a judicial declaration that no election can be held to recall Senator Giron.
According to the protest, the Colorado Constitution and Colorado Revised Statute clearly outlines a requirement that petitions be drafted to expressly include a demand for the election of a successor to the recalled official. The petition circulated by Victor Head, Adam Head and Ernest Mascarenas failed to state a requirement of the election of a successor to Senator Giron.
“For people who believe in the Constitution, these proponents were cavalier about following its very specific requirements for a recall election,” said Mark Grueskin, an election lawyer representing McMillan. “This isn’t about a ‘T’ that wasn’t crossed or some missing punctuation mark. This is a substantive element of a recall petition that courts require in cases just like this one.”
“The campaign finance reports filed for Pueblo Freedom and Rights show that a lawyer was paid $4,000 back in April to help them with this campaign,” said Chris Shallow, campaign manager for the issue committee, Pueblo United for Angela. “They shouldn’t be upset with us for holding them accountable because, we presume, they would act based on the advice of their counsel to make this petition form complete.”
McMillan cites the waste of county funds as a major motivator in filing the protest. “Working out any group’s frustration about their own political agenda shouldn’t cost Pueblo County taxpayers more than $200,000 for a special election. Is this really the way we want our representatives to be determined – by recall elections that are forced on us by special interests with a grudge?”