Notice of Opposition
Notice of Opposition
STATE OF COLORADO
1437 Bannock Street, Room 256
Denver, CO 80202
v.
raising both jurisdictional and merits defenses to the arguments raised in the
motion. The Secretary intends to respond fulsomely to those arguments. But
because the motion contains a request for a temporary restraining order, the
Secretary provides notice now that she opposes the granting of such “extraordinary
relief” before the issues presented in Plaintiffs’ motion can be fully litigated. Soskin
petitions are able to circulate while the request for a preliminary injunction is
briefed and decided. Plaintiffs argue that irreparable harm is presumed when the
injury is to a constitutional right, citing the “participation and voting rights of S.D.
25 electors.” Mot. 12. The Secretary of course disputes that anyone is suffering any
constitutional injury at all and will brief that issue in due course. But even if a
that has no right to vote) will incur any harm as long as their request for injunctive
relief is litigated prior to any recall election occurring. And it will be.
any doubt that Plaintiffs’ preliminary injunction motion will be fully litigated well
• The Department of State then has 28 days to review the sufficiency of the
petition. § 1-12-108(8)(c)(I).
• There is then a mandatory fifteen-day protest period. § 1-12-108(9).
12-111(1).
sufficiency and an election would be set between 30 and 60 days later. § 1-12-
before any voter is able to cast a vote in a recall election, if one is ever held.
Plaintiffs are therefore not at risk of having their constitutional right to vote
their recall power, which right “must be liberally construed in favor of the ability to
Plaintiffs’ request for injunctive relief in due course, with the response of the
granted) due 21 days after the motion was filed, or October 3. See C.R.C.P. 121, § 1-
15. Plaintiffs would then have 7 days to file a reply, to October 10. If an evidentiary
hearing or oral argument is needed, it can be set for a date following the close of
briefing.
PHILIP J. WEISER
Attorney General
s/ Michael Kotlarczyk
This is to certify that on September 13, 2022, I duly served the foregoing
NOTICE OF OPPOSITION TO REQUEST FOR TEMPORARY RESTRAINING
ORDER upon all counsel of record who have entered their appearance on behalf of the
parties in Case No. 2022CV32620 via the Colorado Courts e-Filing System.
s/ Xan Serocki
Xan Serocki