Court denies appeal from group suing to remove Lamborn from ball - KOAA.com | Continuous News | Colorado Springs and Pueblo

Court denies appeal from group suing to remove Lamborn from ballot

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The U.S. Tenth Circuit Court of Appeals denied a request for an appeal from the group looking to kick Rep. Doug Lamborn off the GOP primary ballot.

This reinforces a ruling from a federal judge that effectively allowed the six-time incumbent congressman to stay on the June primary ballot.

Kyle Fisk, the spokesperson for the group who asked for the appeal, issued a written statement Wednesday reacting to the decision.

He wrote in part:

"The legal challenges exhausted, we are exceptionally disappointed in the abject failure of Secretary Williams' decision to place Lamborn back onto the primary ballot to in spite of a state court ruling finding that Lamborn committed petition fraud. It is a shame that in this action, Secretary Williams chooses to ignore the findings of circulator fraud and voter affiliation in his desire to place his good friend Doug Lamborn back on the ballot."

Lamborn's spokesperson Dan Bayens provided a written statement of his own in response to Fisk's comments, which read: 

“Name calling and hate are sad and we’re not going to engage with sore losers.”

Wednesday's ruling is the latest development in a back and forth legal battle that has lasted nearly a month.

The ruling issued Tuesday afternoon refutes a Colorado Supreme Court ruling issued last week that found one of the petition circulators hired by the Lamborn campaign was not a Colorado resident. The Colorado Supreme Court ruling meant the signatures he collected were disqualified. putting Lamborn below the 1,000 signature minimum to stay on the ballot.

Federal Judge Philip A. Brimmer ordered Colorado Secretary of State Wayne Williams to stop enforcing the portion of Colorado law that required residency in order to get signatures on the ballot. 

Brimmer also ordered Williams to certify Doug Lamborn to appear on the Fifth Congressional District ballot unless there are other disqualifying infractions that would prohibit him from appearing on the ballot.

Lamborn was first elected in in 2006 and has served six terms as the Congressional Representative for one of Colorado's most reliably Republican-voting districts.  No Democrat has ever been elected since the district's formation in 1972.  Lamborn last faced a Primary challenge in 2008. 

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