June 16, 2010 08:45 PM UTC

Will Norton Make The Ballot?

•  
• by: MountainDem

Not sure if this is legit or not, but one of my old Republican buddies sent this over to me this morning.  If it is legit and Jane was as sloppy as it appears she was in gathering signatures then I don’t think we’ll be seeing her name on any ballot anytime soon.

DISTRICT COURT, CITY AND COUNTY OF DENVER , COLORADO

Address of Court: 1437 Bannock Street ,

Denver, CO 80202

___________________________________________

Plaintiff/Petitioner:         THOMAS BJORKLUND

v.

Defendant/Respondent: THE HONORABLE BERIE BEUSCHER, Colorado Secretary of State            

___________________________________________

Attorneys for Petitioner

Adam B. Kehrli (#33210)

PATTERSON, NUSS & SEYMOUR, P.C.

5613 DTC Parkway, Suite 400

Greenwood Village , Colorado 80111

Phone Number:   (303) 741-4539

Fax Number: Not designated  

       D COURT USE ONLY D

Case Number: 07 CV 127

Division: A

VERIFIED PETITION FOR REVIEW

COME NOW, the the Petitioner, Thomas Bjorklund, by and through his attorneys, Patterson, Nuss, & Seymour, P.C., and herby submits his Verified Petition For Review.  In support, the Petitioner states and avers as follows:

1.      Thomas Bjorklund is a citizen of the State of Colorado .

2.      The Honorable Bernie Beuscher (hereinafter “Beuscher”)is the Secretary of State, for the State of Colorado, whose business address is 1700 Broadway, Suite 200, Denver, CO 80290.

3.      Jurisdiction is conferred pursuant to C.R.S. § 1-1-113(1).

4.      Venue is appropriate in this judicial district by virtue of C.R.C.P. 98(c).  

GENERAL ALLEGATIONS

5.      On or about June 9, 2010, Beuscher issued a Statement of Sufficiency , pursuant to C.R.S. § 1-4-908, verifying that Jane Norton, proposed Republican Candidate for the United States Senate, submitted a sufficient number of signatures to be placed on the August 10, 2010 primary election ballot.

6.      Specifically, Ms. Norton submitted a total of 33,336 signatures, of which 20,133 were accepted by Beuscher’s office.

7.      Beuscher has a duty to substantially comply with the provisions of C.R.S. § 1-1-101 et seq., in certifying the signatures to the petition submitted by Ms. Norton and/or her campaign.  

8.      In certifying the sufficiency of the number of signatures,  Beuscher, and/or his office, failed to comply with his duty as more fully set forth herein.

FIRST CLAIM FOR RELIEF

(Notarial Acts Disqualification)

9.      Petitioner Bjorklund incorporates the prior allegations as if fully set forth herein.

10.  The Colorado Notaries Public Act, C.R.S. § 12-55-101, et seq., provides, among other things, that a Notary Public may not perform any notarial act in connection with a transaction in which the notary has a disqualifying interest.    

11.  The notaries used by the Jane Norton for U.S. Senate Campaign (“Campaign”) performed notarial acts in which the notaries had a disqualifying interest, to wit:

a.       The notaries used by the Campaign to obtain signatures were parties to the transaction; and/or

b.      The notaries used by the Campaign received an advantage, right, title, interest, cash or property, as a direct result of the notarizations;

12.  By certifying the sufficiency of the signatures obtained and notarized, Beuscher failed to perform his duty, and said signatures must be disallowed.

SECOND CLAIM FOR RELIEF

(Ineligible Circulators)

13.  The Petitioner Bjorklund incorporates all previous allegations as if set forth fully herein.

14.  To be a valid circulator, a person must, among other things, be a resident of the State of Colorado, a citizen of the United States, and be registered to vote and affiliated with the political party mentioned in the petition at the time the petition is circulated.  C.R.S. § 1-4-905.  

15.  The signature circulators used by the Campaign were ineligible to obtain signatures because:

a.       One or more of the circulators listed multiple residence addresses as their residence,

b.      one or more of the circulators do not reside in the State of Colorado ,

c.       one or more of the circulators are not a citizen of the United States ;

d.      one or more of the circulators are not registered to vote, nor affiliated with the political party mentioned in the petition.

16.  Because the circulators violated C.R.S. § 1-4-905, they were not authorized to circulate the petitions for the Campaign and any signatures obtained must be disallowed.

FOURTH CLAIM FOR RELIEF

(Signature Disqualifications)

17.  The Petitioner Bjorklund incorporates all previous allegations as if fully set forth herein.

18.  Section 1-4-904, C.R.S., requires, among other things that a petition shall be signed only by eligible electors.

19.  One or more of the signatures on the petitions were not signed by eligible electors.

20.  One or more of the signatures on the petitions were not signed by a person affiliated with the Republican Party.

21.  Because one or more of the signatures obtained by the Campaign were not signed by eligible electors, the signatures must be disallowed.

WHEREFORE, the Petitioner Thomas Bjorklund, respectfully requests that this Court declare that the Honorable Bernie Beuscher violated his duties as required by C.R.S. 1-1-113 and 1-4-904, invalidate those signatures unlawfully obtained, and for other such relief as the Court deems just and proper.

Dated this 14th day of June, 2010.

                                                           PATTERSON, NUSS & SEYMOUR, P.C.

                                                           __________________________________

                                                           Adam B. Kehrli, #33210

                                                           Attorneys for Petitioner Bjorklund

           Petitioner’s Address:

           1430 E. Sherwood Dr .

           Grand Junction , CO 81501

VERIFICATION

           I, Adam B. Kehrli, hereby verify the foregoing to be true and accurate.

                                                                              _________________________

                                                                              Adam B. Kehrli, #33210

                                                                              Attorney for Thomas Bjorklund

STATE OF COLORADO       )

)ss.

COUNTY OF DENVER         )

Subscribed and sworn to before me on this 14th day of June, 2010, by Adam B. Kehrli.

Witness my hand and official seal.

My commission expires:

__________________________

Notary Public

CERTIFICATE OF SERVICE

I hereby certify that on this 14th day of June, 2010, a true and correct copy of the foregoing was electronically filed via Court Link, addressed to the following:

Colorado Secretary of State

1700 Broadway, Suite 200

Denver , CO 80290

Colorado State Attorney General

1525 Sherman Street

Denver , CO 80203

Original Signature on File

____________________________

                                                                                               Adam B. Kehrli