The lawyer for the Bloomberg-backed Morse recall defense group, Mark Grueskin, has sued to invalidate the Morse recall petition over a technicality – that the petition didn’t specifically call for a replacement, just the recall of Morse. Only it turns out that lack of replacement language is due to boilerplate language in Secretary of State forms dating back at least to Democrat Bernie Buescher’s tenure.
The lack of mentioning a replacement didn’t come from a legal document that someone drafted – it came from an official Secretary of State form, with gaps that recallers simply fill in.
Learning this, liberals will try to blame Gessler.
But hold the honey badger.
The operative portion of the form that El Paso residents pulled to recall Morse – the one Grueskin is attempting to invalidate – is just the same as the language used during the Bernie Buescher era of the Secretary of State.
The form that the Morse recall organizers filled out stated:
Petition to recall (insert name of person sought to be recalled) from the office of (Insert title of office).
This is an updated form from 2010, when the form was created by Democratic Secretary of State Bernie Buescher. You can see that form at the end of the post. The important part is this:
PETITION TO RECALL __________________________ FROM THE OFFICE OF _______________________
Think of it this way…a liberal lawyer being paid by Mayor Michael Bloomberg is suing a citizen’s group for filling in the blanks of a state-drafted, state-sanctioned recall form that has been used by Republican and Democratic Secretaries of State for a very, very long time.
This legal challenge is grasping, folks. Grasping at jack squat.
UPDATE: The Morse recall group’s legal counsel, Erik Groves, weighs in:
“We have reviewed the protest that was filed and find it to be without merit and contrary to decades of law supporting the fundamental right of the people to recall their elected officials. The committee used a petition form that was edited and approved by the Secretary of State’s office and complies with all the requirements clearly specified in both the Colorado Constitution and the Colorado Revised Statutes. We are supremely confident that the protest will be found to be groundless and the recall of John Morse will continue as planned.”
If Morse was real man he would step down and if Giron was a real woman she would step down. Obviously they want to drain Colorado funds to fight thier demise, thumb thier noses at the people who elected them and say "you can't make me". Well I belive the Colorado system will prevail and these leeches sucking us dry will be voted out and god help the sucessors, as we Colorado citizens have proven that we won't put up with ignoring the will of those who voted them in. Goodbyye scum.
@Jenny Migliorato Any incumbent of the two parties – Because neither of the major parties represent my beliefs. I am an independent because I reject both of the ruling two parties. I do so because I believe in the Constitution of the United States and the power it grants the People to rule themselves. Both parties have formed a duopoly that usurps that power – they have stolen our country. Albeit, while the sheepish look on and mindlessly follow. The two parties are both composed of career politicians who seek only to serve themselves. They have set up a system that prevents other viable parties from forming to oppose them. They are our new 'nobility.' Laws that apply only to the commoners and not the rulers, favorable rulings in exchange for the best gifts (lobbying), and passing power from generation to generation (i.e., Kennedy, Bush, Pelosi – all career politician families) – Sound like 'The People' or 'nobility' is in charge?
@Quark Hadren. Let me get this straight. You vote AGAINST any incumbent because you are an independent? Why wouldn't you vote for the candidate that most closely represents your beliefs. Incumbent or not, if they believe the sane as you why vote against them. Voting based on party instead of merit is lame.
Oh. I should clarify – Giron has done the same thing.
I'll say this about that. I am an independent because I believe the two-party duopoly has usurped our political process. As a rule I vote AGAINST any incumbent of either party. If an independent is available, I vote for them. I only vote for the challenger when an independent is not available. So, I have voted for a Democrat when a Republican is incumbent, and vice-versa. But if this makes it to court – she is not forced to withdraw it by her own party – I will never, ever vote for any Democrat ever again under any circumstances…..
John Morse surely understands that in return for all of Bloomberg's $$$ he is going to be wearing Bloomberg around his neck during the recall election campaign.
Isn't it government by the people? So if an elected official gets recalled shouldn't they know that the people don't want them in office any more?
In the meantime, Morse is using the signers personal info to call them and pressure them to change their minds.
I'm with you all the way Colorado. It's time to fight back. Good for you guys.
Excellent outlay of forms and details. Morse retaliation holds no water.
They are so sad to try this if we filed a law suite every time the Government did something we did no agree with we would be suing 364 days a year. they know they were wrong because they did what they did out of greed and for there self satisfaction to get what they thought would make them look good to ob and then they would get somewhere with the political bunch. They are liars and cheats and now the have to pay the piper.
Bloom and Co. knows Morse can't run and win, so do what they can to stall, and Morse will do some more harm.
Granted that ol' gruesome Grueskin is hanging his legal challenge on a "technicality" –
it's nowhere near as simple as laid out in this article (unsurprising given the typical depth of what passes for "analysis" here.
For those interested, the relevant constitutional language follows:
Key language on which the challenge rests:
"A petition signed by registered electors entitled to vote for a successor of the incumbent sought to be recalled, equal in number to twentyfive percent of the entire vote cast at the last preceding election for all candidates for the position which the incumbent sought to be recalled occupies, demanding an election of the successor to the officer named in said petition, shall be filed…"
Colorado Constitution Article XXI, Section 1, Recall of Officers:
http://ballotpedia.org/wiki/index.php/Article_XXI,_Colorado_Constitution#Section_1
as someone who is from ca that helped recall governor gray davis, they got nothing.
Missing opportunities to listen/object at appropriate times seems to be a pattern with this guy.
In their defense.. no need to say anything if the recall failed.
Outstanding observation Tim!
They had a chance to object to the language (or possible lack thereof) back in April when the Petition was approved by the Secretary of State. Instead, they chose to sit on their posteriors and whine while the voters signed the Petition. The term "estoppel" comes to mind. It is rather shortsighted of the friends of Morse to think they could stop the recall on a mere technicality without severe backlash at the next regular election (notice, here, that they are not challenging the signatures). These are the same masters-of-the-obvious who get warnings put on things like electric hair dryers that read, "do not use while bathing." And, let's not forget the 900 pound elephant in the room… the Petition IS a demand to elect a successor!
One would think that Bloomberg and his cronies might get tired of getting a lump of coal in their Christmas Stockings at some point in time.. And they would straighten up and be honest and ethical people..
They'll try anything to end the inevitable.
Desperation