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DISTRICT COURT, CITY AND COUNTY OF DENVER, COLORADO 1437 Bannock St. Denver, CO 80203 Plaintiff: COLORADO DEMOCRATIC PARTY v. Defendants: SCOTT GESSLER, in his official capacity as Secretary of State for the State of Colorado, and ERIC WEISSMANN. Attorney for Plaintiff Name: Martha M. Tierney, #27521 Address: Heizer Paul Grueskin LLP 2401 15th Street, Suite 300 Denver, CO 80202 Telephone: (303) 376-3711 Facsimile: (303) 595-4750 E-mail: mtierney@hpgfirm.com
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COURT USE ONLY

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Case Number: Div./Ctrm:

PETITION FOR REVIEW OF SECRETARY OF STATE DETERMINATION AND REQUEST FOR DECLARATORY JUDGMENT
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The Colorado Democratic Party (CDP), by and through its counsel, Heizer Paul Grueskin LLP, and pursuant to C.R.S. 1-1-113, 1-4-909, and 13-51-105 hereby petitions this Court for review of the Secretary of States determination that certain signatures on the Petition to Nominate Eric Weissmann to the Office of Congress Representing the Republican Party (Petition) in Colorados Second Congressional District are sufficient and for a declaration that the Petition is insufficient. INTRODUCTORY STATEMENT The CDP files this Petition for Review of Secretary of State Determination pursuant to 11-113, 1-4-909, and 13-51-105. This action arises from!the Colorado Secretary of States (Secretary) determination of insufficiency of the Petition on April 10, 2012. Section 1-4909(1.5), C.R.S., requires a candidate whose petitions have been certified insufficient to file an action for review within five days of the date of the insufficiency determination. Weissmann petitioned this Court for review in a separate action filed by LexisNexis on Saturday April 14, 2012 (the Weissman Action). The CDP reviewed the Petition and believes that the Secretary failed to
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reject all petition signatures that do not meet the requirements of petitions signatures under Colorado law. The CDP intends to file a motion to intervene in the Weissmann action as soon as the Court opens on Monday April 16, 2012. However, Section 1-4-909 is unclear as to whether, if this Court finds that Weissmann cured enough deficiencies to meet the one thousand signature threshold, that such decision would be considered a decision by the designated election official triggering another opportunity for the CDP to petition for review of the sufficiency finding pursuant to section 1-4-909(1). As a result, in order to protect its rights under section 1-4-909(1), C.R.S., and so that the Petition is reviewed one time instead of two, the CDP files this action today. Should this Court decide that the CDP will have an opportunity to file a petition for review within five days of any determination by this Court of sufficiency of the Petition, then the CDP will dismiss this matter without prejudice and re-file it at the appropriate time. Should this Court determine that, for purposes of efficiency, it is appropriate to hear the CDPs petition for review at the same time as Weissmanns petition for review, then the CDP seeks this Court to consolidate this action with the Weissmann Action. PARTIES, VENUE, & JURISDICTION 1. The CDP is the nominating body for federal and state Democratic candidates for office in Colorado, is duly organized, existing and operating under the laws of the State of Colorado, and is a "major political party" as defined in C.R.S., 1-1-104(22). The CDP has nominated a candidate, Jared Polis, to the general election for the office of Colorados Second Congressional District. 2. Defendant Scott Gessler (Secretary) is the Secretary of State for the State of Colorado. 3. Defendant Eric Weissmann is seeking to be placed on the ballot as a candidate for the office of Congress from Colorados Second Congressional District, and submitted the Petition which is the subject of this action. 4. Venue is proper under C.R.C.P. 98(b)(2) in that this action is against the Secretary, a public officer holding office within the county. 5. Pursuant to C.R.S. 1-1-113, 1-4-909, and 13-51-105, jurisdiction is proper in this Court. GENERAL ALLEGATIONS 6. Candidates for political party nominations to be made by primary election may be placed on the primary election ballot by petition under C.R.S. 1-4-801. 7. In his role of administering and enforcing Colorados election laws and code, the Secretary determines the validity of petitions under C.R.S. 1-4-908. 8. Pursuant to C.R.S. 1-4-801(2)(b), Weissmann needed to submit one thousand valid petition signatures in order to be placed on the ballot.
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9. On April 2, 2012, Weissmann turned in his petition sections. 10. After review, the Secretary found that Weissmann failed to submit one thousand valid petition signatures and issued a Statement of Insufficiency on April 10, 2012. 11. On April 12, 2012, the CDP obtained a copy of Weissmanns petitions and the Secretarys worksheet showing which signatures were accepted, which were rejected, and why a particular signature was rejected. 12. On April 14, 2012, Weissmann filed an action in this Court for review of the Secretarys determination of insufficiency, attaching affidavits from some circulators and two notaries public, seeking to cure some deficiencies that resulted in the rejection of entire petitions due to errors with the notary jurat and the circulator affidavit, including (1) omission of the notary seal; (2) the notary entered the name of an affiant in the notary jurat that differed from the name of the circulator; and (3) the date of the circulator affidavit did not match the date reflected in the notary jurat. 13. On April 12-14, the CDP carried out its own review of Weissmanns petitions and found that some petition signatures that were accepted by the Secretary should have been rejected. Specifically, the CDP found that even if Weissmann is able to cure some discrepancies with the notary jurats and circulator affidavits, many signatures contained within petition sections that were rejected wholesale based upon the notary jurat and circulator offenses would still not be acceptable due to other deficiencies. These other deficiencies include signers who (1) did not fully complete the signature lines on the petition; (2) are not registered voters in the Second Congressional District; (3) are not affiliated with the Republican party; and (4) placed an address on the petition which does not match the address where the signer is registered to vote in the statewide voter registration database. 14. Specifically, the CDP has determined that even if Weissmann is able to cure all of the defects associated with the notary jurat and circulator portions of the petitions, he would still have fewer than the one thousand valid petition signatures required by Section 1-4801(2)(b) - an insufficient number to place him on the ballot. 15. The CDP has an interest in ensuring that all candidates seeking to be placed on the ballot for election in the Second Congressional District have met the requirements established by Colorado law before they are placed on the ballot. FIRST CLAIM FOR RELIEF (Violation of C.R.S. 1-1-113) 16. The CDP incorporates the allegations contained in paragraphs 1-15 above. 17. The Colorado Election Code sets out clear rules for candidates seeking to petition on to the ballot, including the signature requirements for the petition set forth in 1-4-801. 18. The Colorado Election Code sets out clear rules for signatures on petitions in 1-4-904. 19. The Colorado Election Code sets out clear rules for circulators circulating petitions in 1-4905. 20. Weissmanns Petition does not meet the requirements of 1-4-801 because it does not contain one thousand valid signatures. 21. Weissmanns Petition does not meet the requirements of 1-4-904(1), (2)(a) and (3) because not all petition signers are eligible electors in the Second Congressional District, not all petition signers are affiliated with the Republican party, and not all petition signers -3

signed their own signature, printed their name, respective residence address, including street number and name, the city, county, and the date of their signature on the Petition. 22. Weissmanns Petition does not meet the requirements of 1-4-905 because some circulator affidavits were not signed in the presence of a notary public, some circulator affidavits do not contain the same name as the name contained on the notary jurat, and some notary jurats do not contain a notary seal. 23. As a result of these deficiencies, Weissmanns Petition is insufficient. 24. The Secretarys acceptance of certain petition signatures that violate 1-4-904(1), (2)(a) and (3) and 1-4-905 constitutes a breach or neglect of duty, or other wrongful act under C.R.S. 1-1-113. SECOND CLAIM FOR RELIEF (Declaratory Judgment pursuant to C.R.S. 31-51-105) 25. The CDP incorporates the allegations contained in paragraphs 1-24 above. 26. Section 13-51-105, C.R.S., gives Courts the power to declare rights, status and other legal relations whether or not further relief is or could be claimed. 27. Weissmanns Petition does not meet the requirements of 1-4-904(1), (2)(a) and (3) because not all petition signers are eligible electors in the Second Congressional District, not all petition signers are affiliated with the Republican party, and not all petition signers signed their own signature, printed their name, respective residence address, including street number and name, the city, county, and the date of their signature on the Petition. 28. Weissmanns Petition does not meet the requirements of 1-4-905 because some circulator affidavits were not signed in the presence of a notary public, some circulator affidavits do not contain the same name as the name contained on the notary jurat, and some notary jurats do not contain a notary seal. 29. The CDP seeks a declaration from this Court that Weissmanns Petition is insufficient because it does not contain one thousand valid signatures as required by 1-4-801(2)(b). PRAYER FOR RELIEF WHEREFORE, Plaintiff the Colorado Democratic Party requests that the Court enter judgment in favor of Plaintiff and against Defendants and enter an ORDER that: A. Finds the Secretary improperly accepted certain petition signatures in violation of Colorado law; B. Declares that the Weissmann Petition is insufficient because it does not contain one thousand valid signatures. C. Orders the Secretary not to place Weissmann on the 2012 Republican Party primary election ballot; D. Enjoins the Secretary from certifying the Republican Party primary election ballot with Weissmann on the ballot. E. Awards such other and further relief as this Court deems appropriate. -4

WHEREFORE, CDP requests that the Court enter an order declaring Weissmanns Petition insufficient and finding that the Secretarys acceptance of certain petition signatures that violate 1-4-904(1), (2)(a) and (3) and 1-4-905 constitutes a breach or neglect of duty, or other wrongful act under C.R.S. 1-1-113.. Dated April 15, 2012.

Respectfully submitted, s/ Martha M. Tierney Martha M. Tierney, #27521 Heizer Paul Grueskin LLP ATTORNEYS FOR PLAINTIFF, COLORADO DEMOCRATIC PARTY

Address for Plaintiff: Colorado Democratic Party 777 Santa Fe Drive Denver, CO 80204

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