Supporters of embattled Colorado Senators John Morse and Angela Giron suffered another legal setback this week when District Judge McGahey ruled against mail ballots mandated by HB1303, the recent election reform law championed by Giron and Morse, because it conflicted with the State Constitution.
The ruling against the mail ballot provision is the latest in a series of failed legal challenges brought by lawyers for Giron and Morse. In the last legislative session Giron sponsored and Morse co-sponsered the election reform law which included various changes which could jeopardize election integrity. The ruling also means that Morse and Giron supporters cannot rely on mail ballots in the coming recall election, and instead must work for election day turnout. This will likely cause issues for both opponents and proponents of the recall election. In an off year, recall election in which voters will be forced to come to polling locations that are different than the precinct polling locations, it is likely turnout will be very low and the opposing campaigns ground games will be essential.
Recall supporters now have an advantage in the September 10 election since many of the voters they need to turn out have already shown support for the recall by signing the petition. The opposition would have greatly benefited from the new mail ballot system.
In addition to failed legal challenges, supporters of Giron and Morse have pushed failed narratives which have largely backfired.