Wednesday, May 2, 2018

Doug Lamborn foes seek further court consideration

Posted By on Wed, May 2, 2018 at 3:35 PM

click to enlarge Rep. Doug Lamborn: Let the primary campaign get under way. - GRIFFIN SWARTZELL
  • Griffin Swartzell
  • Rep. Doug Lamborn: Let the primary campaign get under way.

UPDATE:

Both appeals by the plaintiffs in the lawsuit regarding Rep. Doug Lamborn's petitions have been denied, prompting them to issue a lengthy statement, which says inpart:

Wayne Williams will endorse voter fraud by certifying Doug Lamborn to the primary ballot.

The legal challenges exhausted, we are exceptionally disappointed in the abject failure of Secretary Williams' decision to place Lamborn back onto the primary ballot to in spite of a state court ruling finding that Lamborn committed petition fraud. It is a shame that in this action, Secretary Williams chooses to ignore the findings of circulator fraud and voter affiliation in his desire to place his good friend Doug Lamborn back on the ballot. The Secretary has made it clear through public comments that his office will prioritize ballot access to any candidate, including those campaigns who clearly broke the law. 
Read the entire statement here:

———————ORIGINAL POST 3:35 P.M. WEDNESDAY, MAY 2, 2018——————-

After U.S. District Court Judge Philip Brimmer issued a ruling on May 1 stating that six-term Rep. Doug Lamborn should be placed on the June 26 Republican primary ballot, those challenging his petitions moved to continue the court challenge.

Read our story about Lamborn's tenure in Congress here.

The plaintiffs, five El Paso County Republicans, filed an appeal with the 10th Circuit Court of Appeals asking for a stay of Brimmer's order and reverse his finding that the state's residency requirement for petition circulators is unconstitutional.

Also, the plaintiffs filed a motion in the existing Colorado Supreme Court case, noting that Brimmer's decision was conditional and not absolute.

"The effect of Judge Brimmer’s order does not vacate the order of the Colorado Supreme Court to remove Lamborn from the ballot, instead it contemplates a state court reviewing the remaining criteria for circulators," plaintiff's spokesman Kyle Fisk tells the Independent in an email.

The group argues that Secretary of State Wayne Williams is "wrongly applying" Brimmer's decision and "choosing to ignore the court findings of circulator fraud and voter affiliation in his attempts to place Lamborn back on the ballot," Fisk says.

Specifically, Fisk notes, Brimmer's decision says Lamborn cannot be placed on the ballot unless he satisfies all other state law requirements, apart from the residency question.

At issue is Lamborn's petition for the 5th Congressional District nomination, which was circulated by several people who the plaintiffs say aren't truly residents of the state, weren't legitimately registered to vote in Colorado and weren't members of the party in Colorado. Circulators must swear to those statements on an affidavit. Here's more background on this case.

"It is undisputed that Lamborn’s circulators committed fraud," Fisk says, noting that two circulators were shown not to be Colorado residents. "Regardless of the constitutionality of that requirement of circulators, their lack of residency proves two things. One, they illegally registered to vote as Republicans, as you must be a resident to register. The judge’s order had nothing to do with a separate state provision requiring, as all states do, that you must be a resident in order to register to vote as a Republican in Colorado. The judge did not rule in any way on the requirement of circulators to be affiliated with the proper party so that qualification still exists. And most importantly, both circulators committed fraud when they lied to the state of Colorado, claiming to be a resident, when in fact, they were proven in court to be residents of Missouri and California."

Fisk asserts that both circulators lied on their affidavits, rendering them invalid.

These are the grounds, he notes, upon which Williams should keep Lamborn's name off the ballot.

"We call on the Secretary of State to properly apply the complete findings of the Colorado Supreme Court and follow the partial ruling by Judge Brimmer and not ignore the Colorado state proceedings on these separate flaws with Lamborn’s signatures that Judge Brimmer, expressly, did not address," he writes.

Lamborn's campaign issued a statement saying, in part, it's time to move on and stop the "legal maneuverings."

"As we have said all along, we believe voters – not lawyers and judges – should decide the outcome of elections," the statement said.

Secretary of State spokesperson Lynn Bartels tells the Indy via email, "We are looking at it [Brimmer's ruling] but at this point Lamborn is on the ballot."

Lamborn faces four primary opponents: El Paso County Commissioner Darryl Glenn, State Sen. Owen Hill, former Green Mountain Falls mayor Tyler Stevens and retired Texas judge Bill Rhea.

Stephany Rose Spaulding is the sole Democrat running for the office.

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