Political War Over Colorado Recalls - senators supported gun control in conservative districts

DENVER (CN) - Colorado's Secretary of State sued Gov. John Hickenlooper to force recall elections for two state senators who supported gun control measures while representing conservative districts.

Secretary of State Scott Gessler, a Republican, determined in June that petitions to recall Senate President John Morse, D-Colorado Springs, and state Senator Angela Giron, D-Pueblo, had enough signatures to proceed to ballot, according to Gessler's request for a writ of mandamus in Denver County Court.

Morse and Giron were vocal supporters of legislation that banned high-capacity ammunition magazines statewide and mandated background checks for all gun buyers. The bills were passed and signed into law in March in a largely partisan effort that drew angry protests from lawmakers' pro-gun constituents.

Gessler says he gave Hickenlooper copies of the certified petitions against Morse and Giron on July 5 and July 10 respectively, and says the governor has ignored his constitutional duty to set dates for the recall elections.

Gessler's complaint paints the delay as an affront to the petitioners' civil rights.

"Scott Gessler, Colorado Secretary of State, has a duty of enforce to provisions of Colorado's election code," the complaint states. "But the state constitution does not authorize him to set the date for these recall elections. The only way that the Secretary can preserve voters' fundamental constitutional right to recall officials and fulfill his statutory duty to enforce election laws, is if this court orders the Governor to do what the Colorado Constitution requires: set a date for the recall elections of Senators Morse and Giron."

http://www.courthousenews.com/2013/07/17/59428.htm