Excerpted from THE DAILY CALLER
A Denver judge ruled Thursday that the recall elections against two Democratic state senators can move forward, setting the stage for either an historic vote — or another delay if the decision is appealed to the state’s supreme court.
Judge Robert Hyatt rejected attempts by Senate President John Morse and Sen. Angela Giron to have the petitions calling for their ouster tossed out because of their wording, which, they argued during hours of testimony on Wednesday, didn’t conform to the Colorado Constitution.
They made the same argument during hearings with the Colorado secretary of state, who had earlier certified that their opponents had collected enough valid signatures to trigger an election. They were rebuffed during that challenge as well.
The lawmakers’ attorney, Mark Grueskin, said that the petitions did not include language specifying that there would be an election to choose a successor if they are recalled.
“The Constitution is the Constitution,” Grueskin told the court, adding that the judge had no choice but to invalidate the petitions, even if it angered and disappointed those who signed them.
But Hyatt ruled that they “substantially comply with the law,” the Denver Post reports, adding that “recalls are a fundamental right of Colorado citizens.”
Morse and Giron came under fire for their support of Colorado’s controversial new gun-control laws that ban magazines that hold more than 15 rounds of ammunition and require universal background checks on all gun transfers.
Gov. John Hickenlooper set the date for the elections for Sept. 10, but Morse and Giron could still appeal Hyatt’s ruling,– adding another delay to what has already been a drawn-out battle.