DENVER - A judge has set a hearing for Monday at 9 a.m. to listen to a lawsuit that aims to keep Tom Tancredo's name off the November ballot.
But even if the lawsuit is successful, it may be too late to keep Tancredo's name off the ballot in some counties.
"I'm certain that in some counties, a ruling on Monday or Tuesday would be almost impossible to change the ballot in some counties," said Sec. of State Bernie Buescher, a Democrat. "But I have not surveyed each county to see where they are today."
The lawsuit, filed in Denver Tuesday morning by voters from Highlands Ranch and Golden, challenges Buescher's certification Friday of Tancredo's name on the November ballot by arguing that the long-time GOP congressman switched parties too late.
On July 27, Tancredo switched his party affiliation from Republican to the American Constitution Party in order to enter the governor's race as a third-party candidate, a decision that seems likely to split the conservative vote between himself and the GOP candidate, Dan Maes, thereby assuring the Democrat, John Hickenlooper, of winning the race.
In addition, Tancredo's ACP running-mate, Pat Miller, didn't switch her affiliation from the GOP until Aug. 24, when she was announced as Tancredo's choice for lietuenant governor.
"The goal is to make sure the American Constitution Party follows its own rules when it comes to ballot selection," said Richard Westfall, attorney for the plaintiffs. "This is an important precedent to be set. You can't allow a particular member of any political party be affiliated with a major political party and then at the eleventh hour just switch over and be the governor candidate for another party."
"Under their bylaws it says you have to be a member of the party, the ACP, for at least six months prior to being nominated, but they they can waive that," said Richard Kaufman, the attorney for Tancredo's campaign.
But the party's vacancy committee, made up of five members, cannot validate a candidate on its own, as it did with Tancredo's candidacy -- only the party's state assembly has that ability, the suit alleges.
"Tancredo and Miller's last-minute nominations are the result of, in the Tancredo campaign's own words, 'inter-party squabling'," the lawsuit states. "Tancredo's ACP nomination is nothing more or less than a failed gambit to force the duly nominated Republican candidate for Governor, Dan Maes, to withdraw his candidacy.
The plaintiffs are Joe Harrington, a voter from Highlands Ranch, and Marian Olson, a voter from Golden.
They emphasized that they were filing this action to challenge the ballot certification in their individual capacity only, and not on behalf of any candidate, political party, or other organization.
But Olson, well-known in political circles, is being described by one Democrat as "an obvious person to enlist to do this for Republicans." A member of the Jefferson County Citizens Budget Review Panel and active in liberty groups, Olson worked for FEMA under Presidents Ronald Reagan and George H.W. Bush.
Both Olson and Harrington have contributed to Maes' campaign, which says it is not involved in the suit.
"Our attorneys have reviewed the recent complaint by the disgruntled Maes voters related to this certification and are confident that the courts will find no grounds on which to overturn the decision by the one individual with authority to make such decisions," said Bay Buchanan, Tancredo's campaign manager.
Secretary of State Bernie Buescher, who certified the general election ballot last Friday at 5 p.m., is also named as a defendant in the suit.
"We're ready to defend the case," said Rich Coolidge, a spokesman for Buescher's office. "At the same time, the counties are all following their process of formatting and printing the ballots."
According to Coolidge, Tancredo's name being on the ballot will depend less on the eventual outcome of the lawsuit than on the speed with which a judge decides to act.
"The court is moving fast to comply with the federal MOVE act," Coolidge said, referring to the Military and Overseas Voter Empowerment (MOVE) Act that requires that servicemen and citizens overseas receive their mail ballots within 45 days of the election.
"But if a judge says hold on, then we'll slam on the brakes and hold off on printing the ballots," Coolidge said.
But even if the lawsuit is successful, it may be too late to keep Tancredo's name off the ballot in some counties.
"I'm certain that in some counties, a ruling on Monday or Tuesday would be almost impossible to change the ballot in some counties," said Sec. of State Bernie Buescher, a Democrat. "But I have not surveyed each county to see where they are today."
The lawsuit, filed in Denver Tuesday morning by voters from Highlands Ranch and Golden, challenges Buescher's certification Friday of Tancredo's name on the November ballot by arguing that the long-time GOP congressman switched parties too late.
On July 27, Tancredo switched his party affiliation from Republican to the American Constitution Party in order to enter the governor's race as a third-party candidate, a decision that seems likely to split the conservative vote between himself and the GOP candidate, Dan Maes, thereby assuring the Democrat, John Hickenlooper, of winning the race.
In addition, Tancredo's ACP running-mate, Pat Miller, didn't switch her affiliation from the GOP until Aug. 24, when she was announced as Tancredo's choice for lietuenant governor.
"The goal is to make sure the American Constitution Party follows its own rules when it comes to ballot selection," said Richard Westfall, attorney for the plaintiffs. "This is an important precedent to be set. You can't allow a particular member of any political party be affiliated with a major political party and then at the eleventh hour just switch over and be the governor candidate for another party."
"Under their bylaws it says you have to be a member of the party, the ACP, for at least six months prior to being nominated, but they they can waive that," said Richard Kaufman, the attorney for Tancredo's campaign.
But the party's vacancy committee, made up of five members, cannot validate a candidate on its own, as it did with Tancredo's candidacy -- only the party's state assembly has that ability, the suit alleges.
"Tancredo and Miller's last-minute nominations are the result of, in the Tancredo campaign's own words, 'inter-party squabling'," the lawsuit states. "Tancredo's ACP nomination is nothing more or less than a failed gambit to force the duly nominated Republican candidate for Governor, Dan Maes, to withdraw his candidacy.
The plaintiffs are Joe Harrington, a voter from Highlands Ranch, and Marian Olson, a voter from Golden.
They emphasized that they were filing this action to challenge the ballot certification in their individual capacity only, and not on behalf of any candidate, political party, or other organization.
But Olson, well-known in political circles, is being described by one Democrat as "an obvious person to enlist to do this for Republicans." A member of the Jefferson County Citizens Budget Review Panel and active in liberty groups, Olson worked for FEMA under Presidents Ronald Reagan and George H.W. Bush.
Both Olson and Harrington have contributed to Maes' campaign, which says it is not involved in the suit.
"Our attorneys have reviewed the recent complaint by the disgruntled Maes voters related to this certification and are confident that the courts will find no grounds on which to overturn the decision by the one individual with authority to make such decisions," said Bay Buchanan, Tancredo's campaign manager.
Secretary of State Bernie Buescher, who certified the general election ballot last Friday at 5 p.m., is also named as a defendant in the suit.
"We're ready to defend the case," said Rich Coolidge, a spokesman for Buescher's office. "At the same time, the counties are all following their process of formatting and printing the ballots."
According to Coolidge, Tancredo's name being on the ballot will depend less on the eventual outcome of the lawsuit than on the speed with which a judge decides to act.
"The court is moving fast to comply with the federal MOVE act," Coolidge said, referring to the Military and Overseas Voter Empowerment (MOVE) Act that requires that servicemen and citizens overseas receive their mail ballots within 45 days of the election.
"But if a judge says hold on, then we'll slam on the brakes and hold off on printing the ballots," Coolidge said.
