KUSA -A lawsuit filed late Wednesday by the Libertarian Party of Colorado is challenging the ballots in two state senate recall elections, even as the ballots are being mailed away to overseas voters.
At issue is the deadline for candidates who want to be eligible to replace senators who might be recalled.
Secretary of State Scott Gessler says his office is working off of state statute that says candidates needed to file petitions within ten days of the date when the Governor announced the recall election.
The lawsuit cites language in the state constitution that sets the deadline as "not less than fifteen days before such recall election."
The suit seeks to allow Libertarian Gordon Butt to file as a candidate in the event Senate President John Morse is recalled. Democrat Richard Anglund to file as a candidate in the recall election of Sen. Angela Giron (D-Pueblo.)
Morse and Giron were both targeted for recalls in reaction to their votes in favor of new gun control laws.
Anglund and Butt both had their petitions to become candidates rejected by Gessler's office in the days following the July 29 deadline being used.
Gessler says that's the deadline he needs to use in order to comply with legal requirements to allow mail-in ballots and early voting, but acknowledges that the courts may decide that the later deadline in the constitution must be used.
If that happens, it's unclear whether there could be early voting or mail-in ballots in the election.
Any changes to the lineup of candidates would invalidate ballots that are already printed.
The El Paso County Clerk's office began mailing recall ballots to overseas voters on Thursday.
The case will be heard Monday morning in Denver District Court.
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