Morse’s attorney files for injunction to stop recall

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Senate President John Morse, D-Colorado Springs, faces a recall election on Sept. 10.

DENVER — After losing an appeal to the Secretary of State’s office last week, the attorney for embattled Senate President John Morse filed a brief in district court Tuesday seeking an injunction against the recall election facing the lawmaker.

The motion filed by Democratic attorney Mark Grueskin is based on the same argument that didn’t sway Deputy Secretary of State Suzanne Staiert — that the recall petitions, submitted by constituents upset by Morse’s support of gun control laws and validated by Secretary of State Scott Gessler in June, should be thrown out because they failed to include language informing signers that a recall election would be held to pick Morse’s successor.

Without an injunction, it’s up to Gov. John Hickenlooper to scheduled a date for a recall election.

Sources tell FOX31 that a possible date is already determined.

Grueskin is hoping that a judge will issue an injunction, which is the only thing that could prevent Hickenlooper from settling on a date so that El Paso County officials can move forward with preparations for the election.

Democrats, already well aware of the political imperative of defending its Senate majority next fall in order to validate the gun control legislation they passed this past year, are facing a difficult decision as to how to proceed; they know a recall election will cost a few million dollars to fight without a guarantee of victory for Morse and that the lawmaker’s abrupt resignation, which would avert a recall and enable a party vacancy committee to choose a replacement, would also be viewed as a retreat of sorts.

Republicans, meanwhile, are scheduled to meet in Colorado Springs Tuesday night for an informal but binding poll to determine which one of the two interested candidates would be the GOP’s candidate on a potential recall ballot.