“Denver judge sides with Libertarians in Colorado recall lawsuit”
It’s rather sad that we’ve reached a time in our history as a republic that we have to literally celebrate a ruling that doesn’t find constitutional emanations or penumbras through which to actively deconstruct the original intent of constitutional language, rendering it, by clever recalibration, an embrace of textualism, and an acceptance of incoherent rules for what constitutes legitimate interpretation, a plaything of philosopher kings in black robes.
But we’re here, so, you know – huzzah!
[A] ruling by District Court Judge Robert McGahey makes it nearly impossible for the clerks to allow voters to cast ballots by mail, said Secretary of State Scott Gessler. And, clerks say, taxpayers in El Paso and Pueblo counties, where the recall elections will take place, will now have to incur costs of more than $200,000 to hold the elections.
In a lawsuit filed last week by the Libertarian Party of Colorado, the group alleges the secretary of state’s office and county clerks did not give them ample time to gather signatures to get their candidates on the ballot to challenge Democratic Sens. John Morse of Colorado Springs and Angela Giron of Pueblo.
Under the Colorado Constitution, a candidate has up to 15 days before the Sept. 10 election date to submit signatures so that their name appears on the ballot.
With Monday’s ruling, Libertarians, and any other potential candidates, now have until Aug. 26 to gather enough signatures to get on the ballot — making the tight turnaround impossible for clerks to then print and mail ballots to voters.
“It cannot be ignored,” McGahey said of the state constitution in his oral decision from the bench.
McGahey also called House Bill 1303, a sweeping elections bill passed by Democrats this year that requires all mail-in elections, “flawed” as it conflicts with the constitution.
According to the state statute cited by Gessler’s office, a 10-day window from July 18, when the governor set the recall election date, allows candidates to submit 1,000 signatures to the secretary of state’s office to have their names appear on the ballot.
Republicans Bernie Herpin and George Rivera submitted enough signatures, and their names are the only ones that currently appear on ballots in Colorado Springs and Pueblo, respectively.
“We’re extremely pleased the judge recognized the constitution is the supreme law of the land,” said Jeff Orrok, chairman of the Colorado Libertarian Party. “The 26th is fast approaching, and we’ll look to get our candidates on the ballot.”
Both El Paso County Clerk Wayne Williams and Pueblo County Clerk Gilbert Ortiz said Monday the ruling could possibly disenfranchise some overseas voters.
Hundreds of ballots have already been mailed to overseas voters and printed for residents of El Paso County’s Senate District 11 and Pueblo’s Senate District 3. Those ballots will now have to be updated with any new candidates who may qualify for the election.
“Are we going to follow our constitution and hurt our democracy in doing so?” asked Ortiz earlier in the day.
Got that? The question for Ortiz is, how can we have a democracy when the constitution keeps getting in the way? The question is not, how can we have acted within the framework of the state’s constitution to make sure we were complying with it in the first place — and therefore avoiding the disenfranchisement of all voters, not just those we hoped would ensure the status quo while keeping insurgents off the ballot to begin with?
Because the latter? Inconvenient. And besides, this whole constitution thing. Really? You were serious about tha
Reached for comment, Rick Moran noted that he thinks recall elections are costly and borderline anti-democratic, and that conservatives who push for such fruitless, symbolic battles would be better served just waiting for the next election before attempting to reclaim their constitutional rights. At which point, if they elect the right kind of Republicans and win back the state house, they can engage in the fruitless, symbolic battles from a position of power, and then fund raise consistently on the need to reclaim our constitutional rights.
Because evidently, the Visigothic notion that the Constitution and the Bill of Rights aren’t ever up for popular election is something that Moran rejects. It’s all about the politics, you see. Principles are for priests and, homophonically, public schools.
Politics is an arena for savvy, three-dimensional thinkers. And these uncouth radicals with their perverse demands and anti-government bluster are taking all the sophistication and gamesmanship out of the sport.