07/15/2013 10:03 am ET Updated Jul 15, 2013

Scott Gessler Files Suit Against Hickenlooper To Set Recall Election Date


Republican Secretary of State Scott Gessler filed suit against Democratic Gov. John Hickenlooper late Sunday in a move meant to force the governor to set a dates for the recall elections for Senate President John Morse, KDVR first reported.

More than 10,000 valid signatures were verified by the secretary of state's office on July 5 (only around 7,000 were needed for the recall effort) and Hickenlooper has 60 days from then to sent the election dates.

Hickenlooper's office is holding off on setting a date for the recall until after a Denver District Court hearing on a preliminary injunction from a Morse supporter seeking to nullify the Morse recall altogether, The Denver Post reports.

El Paso County Clerk Wayne Williams is also at odds with Hickenlooper and complained last week that a recall election date should be set now so there is time for preparation, like ballot printing and mailing, can take place. Williams said that ideally he would like to see the election take place on Aug. 27.

Gun rights activists are seeking recall elections of Sens. Giron and Morse over their support for a gun control package that Hickenlooper signed into law earlier this year including expanded background checks to include all private gun sales and transfers and a 15-round limit on ammunition magazines.

“Giron’s disregard for the majority of her constituents to vote no on anti-Second Amendment issues and her general disregard of our Constitution and the rights of the citizens of Colorado demonstrates she must be removed from the Senate,” Victor Head, a plumber who has organized the recall through Pueblo Freedom and Rights group, said to The Denver Post.

Head told ABC World News that he had never set up a recall campaign before and didn't know how to before this year. "I'm a plumber," Head said. "I've never done anything like this in my life."

However, Giron remains defiant saying resignation "hasn't even crossed her mind," The AP's Kristen Wyatt tweeted, and that she did, in fact, listen to her constituents, Wyatt added:

Morse has also responded to the recall effort with defiance. “[W]e had 20 6-year-olds shot in the face, and we have the other side arguing we should do nothing, and I’m sorry, that doesn’t cut it," Morse said in response to the recall effort to the Associated Press referring to the 2012's Connecticut school shooting.

Morse says he will not resign and says that even if he loses his seat the gun control measures were too important to dodge in the wake of 2012's Aurora theater massacre and the Sandy Hook shooting in Conn. “Keeping Coloradans safe from gun violence is very worth your political career," Morse said.



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