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2013 Colorado recall election
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June 2026
September 2023
2013 9 10 2013 Colorado Senate recall election Colorado legislative no 2012 Colorado Senate election 2012 2014 Colorado Senate election 2014 2 of the 35 seats in the Colorado Senate 18 File:Colorado-Sen-John-Morse.jpg 150x150px John Morse(defeated) Colorado Democratic Party District 29 20 0 2 24,188Votes against recalling Democratic incumbent 45.84% File: Sen._Bill_Cadman_%286241451343%29.jpg Bill Cadman Colorado Republican Party District 12 15 2 2 28,582Votes for recalling Democratic incumbent 54.16% President John Morse Colorado Democratic Party Morgan Carroll Colorado Democratic Party File:2013 Colorado Senate recall election results.svg 350px Results:#CA0120 Republican gain#D3D3D3 No election 20 15 18 17
The Colorado recall election of 2013 was a successful effort to recall two Democratic members of the Colorado Senate following their support for new gun control legislation. Initially four politicians were targeted, but sufficient signatures could only be obtained for State Senate President John Morse and State Senator Angela Giron.
During the petition drive, national organizations on both the gun rights and gun control sides became involved by providing mailings and donations. Once the petitions were submitted, Morse and Giron challenged the effort in court, but were denied the injunction that they had requested from the court. A further court hearing resulted in the election being conducted in-person rather than by mail, which also led to Giron complaining of voter suppression.
In the election, held on September 10, 2013, both Morse and Giron were recalled by the voters of their districts and replaced with Republicans George Rivera and Bernie Herpin, respectively. It was the first time a state legislator in Colorado had been recalled. In the 2014 Senate elections 13 months later, both Rivera and Herpin were defeated by their Democratic opponents.
Background
thumb|250px|right|Former Colorado Senate President John Morse
In early 2013, the Colorado legislature passed a series of gun control bills following the theater shooting in Aurora, Colorado and the Sandy Hook school shooting in Newtown, Connecticut.Barabak Mark Z. The Nation; Gun laws trigger Colorado recall bid; The leader of the state Senate is facing an unprecedented effort to oust him. Los Angeles Times July 8, 2013 5ARichardson Valerie Recall effort takes aim at Democrats after gun bills The Washington Times March 27, 2013 A-3Bartels Lynn Gun-related recall efforts carry risks Denver Post April 5, 2013 10A The new laws provided for a ban on magazines holding more than fifteen rounds of ammunition, a universal background check, and a requirement that buyers pay a fee for the background check.
The initial recall petitions targeted Senate President John Morse and State Representative Mike McLachlan. Two additional petitions were also filed against Senators Evie Hudak and Angela Giron.Lee Kurtis Focus now on recall efforts Denver Post May 12, 2013 1B All four are members of the Colorado Democratic Party.
The recall drive against Morse was spearheaded by the Basic Freedom Defense Fund (BFDF) and the El Paso County Freedom Defense Committee.Lee Kurtis Money flows to both sides in recall effort Denver Post May 14, 2013 4A The recall drive against Giron was led by Pueblo Freedom and Rights.Tucker Jeff Gun group moves to recall Giron The Pueblo Chieftain April 12, 2013
During the petition drive, groups supporting Morse accused the firm collecting the signatures of hiring convicted felons and gathering personal information. Recall backers said that Morse's group was misleading the public. In addition, the recall drives brought in support from national groups on both sides of the issue. The National Rifle Association (NRA) supported the recall effort with mailers and donations.Lee Kurtis Rarities and recalls Denver Post May 19, 2013 1B National groups opposing the recall included America Votes, believed to be financially supported by New York City Mayor Michael Bloomberg, as well as California billionaire Eli Broad.
Submission and certification of petitions
thumb|250px|right|Former Colorado Senator Angela Giron
On June 3, 2013, BFDF turned in over 16,000 signatures petitioning to recall Morse to the Colorado Secretary of State, Republican Scott Gessler, of which only 7,178 needed to be certified in order to force a recall election.Colorado: Petitions Submitted For Recall Vote The New York Times June 4, 2013 14ASchrader Megan Gun-rights activists turn in signatures to recall Sen. John Morse The Gazette Colorado Springs, CO June 3, 2013Perrotte Ken Ken Perrotte column The Free Lance-Star Fredericksburg, VA June 13, 2013 In addition, over 13,000 signatures were turned in to recall Giron, of which 11,285 needed to be certified.Wyatt Kristen 2nd Colorado lawmaker could face recall over guns Deseret Morning News Salt Lake City June 10, 2013 Efforts to recall McLachlan failed, collecting only about 8,500 signatures of the 10,587 needed.Attempt to recall State Rep. McLachlan falls short Associated Press May 22, 2013Recall campaign against Hudak is suspended Denver Post May 23, 2013 2A Likewise, the efforts to recall Hudak also failed, falling short of the 18,962 signatures needed.
A group backing Morse alleged that fifty of the signatures on the petitions were forged, including one individual who had been dead for two years.Noon Alison Fraud alleged in Morse recall campaign The Gazette Colorado Springs, CO June 28, 2013 A spokesman for BFDF immediately issued a statement calling for an investigation and stating that if anyone committed fraud the guilty party should be prosecuted "to the fullest extent of the law." The group calling for the recall also alleged that Morse's volunteers were harassing those that signed the petition, requesting that they remove their name from the petition.Byrnes Jesse Harassment claims surface in Morse recall campaign The Gazette Colorado Springs, CO July 2, 2013
Challenges
Immediately after the signatures for recalling Morse were certified, he filed a challenge to the petitions.Petersen Barry For June 18, 2013, CBS CBS Evening News June 18, 2013 Mark Grueskin, Morse's attorney, said: "The petitions circulated are as valid as the back of a matchbook. All of the signatures are invalid."Jones Ashby Key Gun-Control Backer Faces Recall in Colorado The Wall Street Journal June 19, 2013 The recall petition was also certified for the effort against Giron.Schrader Megan Enough signatures valid for recall election against state Sen. Giron, officials say The Gazette Colorado Springs, CO June 24, 2013 Both Senators claimed the petitions were invalid because they did not use the explicit language that Morse and Giron claim was required under the state constitution.Roper Peter Giron campaign follows Morse's legal strategy The Pueblo Chieftain June 27, 2013 The initial hearings were before the Secretary of State's Office,Lee Kurtis Attorneys in Morse recall effort argue petition language Denver Post June 28, 2013 6A which denied the challenges.Lee Kurtis Petitions valid in Morse recall effort Denver Post July 4, 2013 6A
On July 9, 2013, Morse filed suit in the Denver District Court seeking an injunction to block the recall election.Roper Peter Fight nears battle for votes The Pueblo Chieftain July 10, 2013 1A At the same time Secretary of State Gessler filed suit to force Democratic Governor John Hickenlooper to set a date for the recall election.Lee Kurtis Gessler hires attorney to force Hickenlooper to set recall dates Denver Post July 16, 2013 6A On July 18, 2013, Denver District Court Judge Robert Hyatt issued a preliminary ruling that the recall process must proceed even while Morse and Giron challenged the process in court.Moreno Ivan Judge: Recalls against Colo. senators must go on Associated Press July 18, 2013 Hickenlooper then set the recall election for September 10.Killough Ashley Colorado sets recall elections for two pro-gun control lawmakers CNN Wire July 19, 2013
Election
Campaign
Once the election date was set as September 10, national organizations on both sides of the gun-control debate started to weigh in. On the recall, pro-gun rights side was the National Rifle Association and Americans for Prosperity, while on the gun control side was the Mayors Against Illegal Guns and Mayor Bloomberg.Kornacki Steve UP for August 4, 2013 MSNBC August 4, 2013 Morse went door-to-door in an effort to gain voter supportSchrader Megan Morse, the man in the cross-hairs, campaigns door-to-door The Gazette Colorado Springs, CO August 14, 2013 and both sides of the campaigns accused the other side of mud-slinging.Schrader Megan Recall combatants spar over campaign ads The Gazette Colorado Springs, CO August 22, 2013 6A Morse supporters were upset about an ad alleging ethical misconduct by Morse, noting that he had been cleared of those allegations. Giron supporters were accused of misrepresenting the issue as a choice on women's rights and abortion.
Financial donations were also an issue. Bloomberg and Broad donated $350,000 and $250,000, respectively, to support the Senators.Siddiqui Sabrina Michael Bloomberg Donates $350,000 To Colorado Democrats Facing Recall Over Gun Vote http://www.huffingtonpost.com/2013/08/28/bloomberg-colorado-recall_n_3831029.html The Huffington Post September 13, 2013 August 28, 2013 The Democratic Legislative Campaign Committee also spent $250,000 to oppose recall.Wilson Reid Gun debate resonates in Colorado Washington Post August 29, 2013 A03 The NRA spent over $108,000 to support the recall efforts. In total, the Morse and Giron side spent approximately $3,000,000 opposing the recall, while the recall supporters spent about $500,000.Coffman Keith Recall ousts Colo. senator for gun control support: Another targeted official reportedly trails in the vote Chicago Tribune September 11, 2013 17C
Replacement candidates
Early in the recall process, Republican George Rivera announced his candidacy for Giron's senate seat.Severance Ryan Republican to challenge for Giron's seat The Pueblo Chieftain May 12, 2013 Rivera was planning to run against Giron in the 2014 elections but stated he would put his name on the ballot during the recall process.Roper Peter Anatomy of a recall election The Pueblo Chieftain June 9, 2013 Rivera had to turn in a petition with 1,000 signatures in order to qualify to be on the ballot and turned in 1,500 signatures on July 26.GOP candidate in recall race submits signatures Associated Press July 26, 2013 Sonia Negrete Winn, a Democrat, also sought to be on the ballot to replace Giron,Bartels Lynn Union town not always unified on Dems Denver Post July 28, 2013 4B but failed to obtain the required signatures to be a candidate.Roper Peter Ortiz appealing ruling The Pueblo Chieftain August 14, 2013 In Morse's district, Republican Bernie Herpin announced his interest in replacing Morse and submitted sufficient signatures to qualify for the ballot.Bartels Lynn Hick seeks ruling from high court Denver Post August 27, 2013 5A
Ballot challenge
On August 7, 2013, the Libertarian Party filed a lawsuit stating that they were denied access to have their candidate on the ballot due to a conflict between state law and the state constitution.Schrader Megan Colorado recall ballots go out as Libertarian Party tries to halt the process The Gazette Colorado Springs, CO August 9, 2013 State law provided for ten days to obtain ballot petition signatures, while the state constitution provided for fifteen days. On August 12, Colorado District Court Judge Robert McGahey ruled that the state constitution's provisions had to be followed, and that prospective candidates had until August 26 to turn in their petitions. The Colorado Supreme Court declined to hear an appeal.Lee Kurtis Court lets recall ruling stand Denver Post August 16, 2013 2A The ruling meant that election officials would be unable to conduct the election by mail, as is usual for Colorado, and would have to open up polls for in-person voting. Morse stated that not voting by mail was "bad for everybody."Colorado Recall Without Mail Ballots Changes Dynamic http://denver.cbslocal.com/2013/08/16/colorado-recall-without-mail-ballots-changes-dynamic/ September 13, 2013 KCNC-TV Denver August 16, 2013
On August 27, 2013, Hickenlooper asked the Colorado Supreme Court to clarify if a voter had to vote for recall in order to vote for a replacement candidate. At the same time, Libertarian Jan Brooks turned in petitions to be on the ballot against Morse while Democrat Richard Anglund announced his write-in candidacy against Giron. On August 28, the Supreme Court ruled that a voter did not have to vote to recall in order to vote for a replacement, but that the Senators could only be recalled by a majority vote.Bartels Lynn High court, Bloomberg thicken plot Denver Post August 28, 2007 4A Secretary of State Gessler announced that Brooks did not have sufficient signatures to qualify for the ballot, leaving only Republican opponents on the ballot.
Detailed results
District 3
Polling
When asked "Will you vote 'yes' or 'no' on the question of whether Angela Giron should be recalled from the office of State Senator?"
Poll source Date(s)administered Samplesize Margin oferror Yes No UndecidedPublic Policy PollingPublic Policy Polling https://web.archive.org/web/20140331041531/http://www.publicpolicypolling.com/pdf/2013/SD3Results.pdf March 31, 2014 September 7–9, 2013 579 ± ? 54% 42% 4%
Results
Morse conceded on the evening of September 10.Slevin Colleen In Colorado recall vote, state Senate president in a fight to keep his seat Washington Post September 11, 2013 A07 Initial poll returns seemed to indicate that Giron would win her recall election. The final votes were 9,131 to recall Morse and 8,812 to keep him, a 1.78% difference.Bunch Joey Angela Giron ousted in Colorado recall election, thanks supporters in Pueblo http://www.denverpost.com/breakingnews/ci_24064647/sen-giron-has-theoretical-advantage-going-into-recall September 13, 2013 Denver Post September 10, 2013 The final results also ousted Giron, 19,451 to 15,376, an 11.7% difference. Giron's recall was more surprising, as the district is 47% Democratic to 23% Republican, and news reports stated that Giron was stunned at the results. Other sources stated that Giron remained defiant.Giron concedes, joins Morse in recall defeat http://www.chieftain.com/home/1831735-120/pueblo-recall-chieftain-com September 13, 2013 Pueblo Chieftain September 10, 2013 dead https://archive.today/20130921061548/http://www.chieftain.com/home/1831735-120/pueblo-recall-chieftain-com September 21, 2013 Giron has claimed that the recall was due to voter suppression.Voter suppression in Angela Giron recall? Hardly http://www.denverpost.com/editorials/ci_24088344/voter-suppression-angela-giron-recall-hardly September 13, 2013 Denver Post September 13, 2013 Giron noted that "We were less than two weeks out and we didn't know what the rules were," referring to the change from mail-in ballots to in-person voting.Oldham Jennifer Colorado Voters to Decide Recall of Gun-Control Backers https://www.bloomberg.com/news/2013-09-10/colorado-voters-to-decide-historic-recall-of-gun-control-backers.html September 13, 2013 Bloomberg.com September 9, 2013
With the recall of Morse and Giron, Herpin and Rivera were elected to the State Senate to replace them, defeating their respective write-in opponents.Killough Ashley Pro-gun control Democrats ousted in Colorado recall CNN Wire September 11, 2013 Colorado State Senate District 3, 2013 Recall Question: "Shall Angela Giron Be Recalled?"Colorado Recall Election Results 2013 http://results.enr.clarityelections.com/CO/47986/118604/en/summary.html State of Colorado November 10, 2014 19451 15376
Colorado State Senate District 3 successor election, 2013
Republican Party (United States) George Rivera 19,301 88.16
Democratic Party (United States) Richard Anglund (write-in) 2,592 11.84
21,893 100
Republican Party (United States) Democratic Party (United States)
District 11
Colorado State Senate District 11, 2013 Recall Question: "Shall John Morse Be Recalled?" 9131 8812
Colorado State Senate District 11 successor election, 2013
Republican Party (United States) Bernie Herpin 8,895 83.2
Libertarian Party (United States) Jan Brooks (write-in) 1,796 16.8
10,691 100
Republican Party (United States) Democratic Party (United States)
Aftermath
Reactions
Giron and Democratic National Committee Chair Debbie Wasserman Schultz claimed that the recall defeat was due to voter suppression.DNC head Wasserman Schultz blames Colorado loss on 'voter suppression' https://www.foxnews.com/politics/dnc-head-wasserman-schultz-blames-colorado-loss-on-voter-suppression/ September 13, 2013 Fox News September 12, 2013Brockman Jen Colorado recalls are all about voter suppression, Dems say http://tv.msnbc.com/2013/09/12/colorado-recalls-are-all-about-voter-suppression-dems-say/ September 13, 2013 MSNBC September 12, 2013 The Denver Post disputed this, saying that the result wasn't caused by voter suppression but the fact that more people showed up to vote against Giron than to vote for her. Gessler said that the Democrats fared worse where more people turned out. Wasserman Schultz also stated that the money spent by the NRA and the Koch brothers made it impossible for Democrats to win.
Charles C. W. Cooke, writing in the National Review Online, stated that it was a grassroots effort, triggered by the perception that the two senators were not listening to the concerns of the public.Cooke Charles C. W. A Famous Victory in Colorado http://www.nationalreview.com/article/358190/famous-victory-colorado-charles-c-w-cooke September 13, 2013 National Review September 11, 2013 Ashby Jones of The Wall Street Journal viewed it as a major win for the NRA and a "stinging defeat" for Mayor Bloomberg.Jones Ashby Gun-Rights Supporters Score Big Win in Colorado Recalls https://www.wsj.com/articles/SB10001424127887323864604579069500613178582 September 13, 2013 The Wall Street Journal September 11, 2013
Reuters journalist Keith Coffman stated that the defeat was a sign that Democrats who control Colorado government had reached too far, not just on gun-control, but in other areas also, such as not considering religious exemptions for same sex adoptions, or same-day voter registration.Coffman Keith Over-aggressive agenda may have doomed two recalled Colorado Democrats https://www.reuters.com/article/us-usa-colorado-election-idUSBRE98B01620130912 September 13, 2013 Reuters September 11, 2013
Polling
Polling firm Public Policy Polling conducted a poll of Giron's district between September 7 and 9, asking likely voters if they supported the recall of Giron, whether they supported various components of the gun control bill, whether they approved of the NRA and Governor Hickenlooper, and who they would vote for in a hypothetical 2014 gubernatorial election between Hickenlooper and Republican Tom Tancredo, as well as various methodological questions. The results found voters supported recalling Giron by 54% to 42%, with 4% undecided.http://www.publicpolicypolling.com/pdf/2013/SD3Results.pdf Colorado Senate District 3 Survey Results Public Policy Polling September 11, 2013 November 10, 2014
However, the firm did not release the poll results before the election. The day after the election, when Giron had been recalled by 12 points, they released the poll and company director Tom Jensen explained why they had not initially done so, citing numerous unusual results. These included the district supporting her recall by such a wide margin, despite having been carried by 20 points by Democratic President Barack Obama in the 2012 election; and voters saying they supported universal background checks by 68% to 27% and being split 47% to 47% on limiting high-capacity ammunition magazines to 15 bullets. Jensen opined that "if voters were really making their recall votes based on those two laws, that doesn't point to recalling Giron by a 12 point margin" and that the NRA had done a "good job of turning the election more broadly into 'do you support gun rights or are you opposed to them.'"http://www.publicpolicypolling.com/main/2013/09/reflecting-on-the-colorado-recalls.html Reflecting on the Colorado recalls Public Policy Polling September 11, 2013 November 10, 2014 Their decision not to release the poll before the election caused significant controversy, with some statisticians and journalists criticising them and others supporting them.https://psmag.com/news/use-abuse-polling-american-politics-66266 The Use and Abuse of Polling in American Politics Pacific Standard September 16, 2013 November 10, 2014
2014 elections
In the November 2014 Senate elections 13 months later, both Rivera and Herpin were defeated by large margins by their Democratic opponents. Rivera lost to State Representative Leroy Garcia and Herpin lost to State Representative Michael Merrifield, a noted gun control advocate.http://www.9news.com/story/news/politics/elections/2014/11/05/colorado-dems-win-back-2-seats-lost-over-gun-bills/18546459/ https://archive.today/20141106190856/http://www.9news.com/story/news/politics/elections/2014/11/05/colorado-dems-win-back-2-seats-lost-over-gun-bills/18546459/ dead November 6, 2014 Colorado Dems win back 2 seats lost over gun bills 9News November 5, 2014 November 11, 2014 http://kwgn.com/2014/11/05/pro-gun-gop-recall-winners-fall-colo-senate-majority-hangs-in-balance/ Pro-gun GOP recall winners fall; Colo. Senate, House control up for grabs KWGN November 5, 2014 November 11, 2014 dead https://web.archive.org/web/20141110163826/http://kwgn.com/2014/11/05/pro-gun-gop-recall-winners-fall-colo-senate-majority-hangs-in-balance/ November 10, 2014 Rivera lost by 22,814 votes (45.06%) to 27,813 (54.94%) and Herpin lost by 14,978 votes (41.52%) to 18,815 (52.16%).http://results.enr.clarityelections.com/CO/53335/148826/Web01/en/summary.html Official Results November 4, 2014 General Election Colorado Secretary of State December 5, 2014 Despite reclaiming the two seats, the Democrats lost their overall majority in the Colorado Senate.http://blogs.denverpost.com/thespot/2014/11/08/colorado-state-senate-majority/115049/ It's official: GOP wins 18-17 majority in Colorado Senate The Denver Post November 8, 2014 November 11, 2014
Campaign to recall Evie Hudak; her resignation
On October 4, 2013, Colorado Secretary of State Scott Gessler approved a second petition to recall Colorado State Senator Evie Hudak, also an advocate of gun control; the signature gatherers had 60 days to collect 18,300 or more signatures to force a recall election in Colorado Senate District 19 which encompasses Arvada, Colorado and Westminster, Colorado.Mitchell David Recall effort begins against state Sen. Evie Hudak http://kdvr.com/2013/10/04/recall-effort-begins-against-state-sen-evie-hudak/ October 4, 2013 KDVR.com October 4, 2013 Hudak later resigned rather than face recall.Colorado State Sen. Evie Hudak (D) resigns before recall petition deadline http://www.thedenverchannel.com/news/local-news/colorado-state-sen-evie-hudak-d-resigns-before-recall-petition-deadline November 27, 2013 Denver ABC 7 - Denver November 27, 2013 dead https://web.archive.org/web/20131129212731/http://www.thedenverchannel.com/news/local-news/colorado-state-sen-evie-hudak-d-resigns-before-recall-petition-deadline November 29, 2013 Because she resigned, the Democrats were able to appoint a replacement; if she had been recalled, the Republicans could have gained a majority in the state senate.
Notes
References
2
External links
Result of the 2013 Recall Election, Colorado Secretary of State
Recall
Category:Gun politics in the United States
Colorado 2013
Category:Colorado General Assembly elections
Category:2013 state legislature elections in the United States