The basic complaint is that the language of the recall petition does not specifically state that the recall is a replacement election. (I'm unclear of what the petition actually says -- I see a stated petition online, but I'm not sure if it is the one that is up for debate). A
Colorado Appellate Court decision seem to take a strict compliance view on the subject. As with many legislative recalls, we shouldn't be surprised if this goes up to the State Supreme Court for a final decision
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