The Colorado Recalls Explained

Article author: 
David Kopel
Article publisher: 
The Volokh Conspiracy
Article date: 
11 September 2013
Article category: 
Colorado News
Medium
Article Body: 

Yesterday voters in Colorado recalled two State Senators. One result was not a surprise, and the other is a shock. Of course the votes are Second Amendment victories for the right to arms, but more fundamentally, they are Fourteenth Amendment victories for Due Process of Law...

Former State Senate President John Morse represented Colorado Springs, plus the somewhat hipster mountain community of Manitou Springs. While El Paso County is strongly Republican, the interior city of Colorado Springs has been center/center-left for years. Senate District 11 was carved to make the election of a Democrat possible, and it worked...

Pueblo, the largest city in southern Colorado, delivered the result that stunned almost everyone. For more than a century, Pueblo has been a Colorado stronghold of working-class union Democrats... In 2010, Democratic Senator Angela Giron won her race by about 5:4. This year, Giron chaired the Senate’s State Affairs Committee, helping to shepherd gun control bills to the Senate floor...

Based on the latest campaign disclosure reports, Morse/Giron enjoyed an 8:1 spending advantage over recall advocates, in terms of direct contributions to campaigns. Michael Bloomberg contributed $350,000 to fight the recalls.. Another wealthy contributor gave $250,000 to oppose the recalls...

It’s one thing for a deliberately polarizing legislator like Morse to lose a close race in a swing district. It’s quite another for Giron to lose by 12 points in a district that is 47% Democratic and 23% Republican. One reason is that in blue collar districts like Pueblo, there are plenty of Democrats who cling to their Second Amendment rights. As the Denver Post noted, 20% of the voters who signed the Giron recall petitions were Democrats.

The Colorado Senate is now 18-17 Democratic, and 19-16 pro-Second Amendment. On gun issues, and on many others, the balance of power is now held by moderate Democrats, rather than by the hard left faction formerly led by Morse...

Senators Bernie Herpin (Colorado Springs)... has dedicated a quarter century of his life as a civic volunteer to defense of the Second Amendment... he has a sense of what is politically realistic in a given situation...Thus, in the Republican nomination process, he was opposed by Dudley Brown’s fund-raising organization Rocky Mountain Gun Owners. Brown’s preferred candidate, a believer in the nutty legal theories of “sovereign citizens,” would certainly have lost the recall election.

Morse and Giron sealed their fates on March 4 [2013], the day that the anti-gun bills were heard in Senate committees. At Morse’s instruction, only 90 minutes of testimony per side were allowed on each of the gun bills. As a result, hundreds of Colorado citizens were prevented from testifying even briefly. Many of them had driven hours to come to the Capitol, traveling from all over the state.

That same day, 30 Sheriffs came to testify. They too were shut out, with only a single Sheriff allowed to testify on any given bill. So while one Sheriff testified, others stood up with him in support...

President Morse did not follow the standard practice of the Colorado legislature, by which any citizen who wishes to testify is allowed to be heard, at least briefly... When Morse shut that down, and Chairperson Giron went along, they crossed the double-red line of Colorado government...

And so, for abuse of office, John Morse and Angela Giron have been recalled from office by the People of Colorado, to be replaced by legislators who will listen before the vote.