Recall petition against State Senator Angela Giron deemed sufficient

DENVER - A state senator's challenge to a petition for her recall were rejected Tuesday in a decision by the Secretary of State's office.

Gun rights advocates successfully collected enough signatures on their recall petition against Giron, who voted in favor of stricter firearm laws during the last legislative session. A similar petition against Democratic Senate President John Morse also has been approved by the Secretary of State's office.

In their protest, Giron's attorneys argued that the petition did not expressly call for an election as the Colorado Constitution requires. They said it left voters uninformed about what the process called for.

It was the same argument Morse unsuccessfully used in his protest.

"The 'demand' language that Protestor claims is necessary to the recall petition is not included in the constitutional or statutory sections that strictly specify what the petition must include," the decision from the Secretary of State's office states.

The decision also said Giron's protest cited a poll showing less than half of the respondents knew what would happen next in the recall process, but the argument was overruled because "the poll only asked residents of Senate District 11 (Morse's district), not the petition signers themselves."

The arguments were also rejected in Morse's cases.

"Barring any additional challenges, the Secretary of State’s office will submit the final certificate of sufficiency to the Governor," the Secretary of State's office wrote. "The Governor will set the date for the election."