Voters in two Colorado legislative recall elections over new gun laws don’t have to first vote “yes” or “no” on the recall to have their votes for a successor validated, the state Supreme Court said last week.
A state constitutional requirement saying voters must first vote on the recall before voting for a candidate violates rights to voting and expression under the U.S. Constitution, the Colorado high court said. The court’s brief statement came in response to a question from Democratic Gov. John Hickenlooper.
The decision is the latest twist in recalls that have triggered legal challenges and drawn the attention of big-money contributors like New York Mayor Michael Bloomberg and the National Rifle Association. Bloomberg wrote a check for $350,000 to support the Democratic candidates targeted for recall, according to the latest campaign finance disclosures.
Hickenlooper said in a filing through the state attorney general that the question is important because the Sept. 10 elections could require a recount or even be invalidated if someone raises a legal challenge afterward.
The legal filing from Hickenlooper noted that a “virtually identical provision” of California election law that required a vote on the recall before voting for a candidate was declared unconstitutional in 2003, during the recall of former Gov. Gray Davis.
Election ballots were expected to be printed Aug. 27, but the decision from the state Supreme Court won’t present an issue, the Colorado secretary of state’s office said.
The recalls involve two Democrats: Colorado Springs Senate President John Morse and Sen. Angela Giron, of Pueblo. Both supported new gun restrictions this year, including limits on the size of ammunition magazines and expanding background checks to include private and online firearm sales. No Republicans voted for the proposals.