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FOUNDED IN 1898 H VOL. 114, NO. 33 H DENVER, CO H AUG. 16, 2013 ©

THIS WEEK’S ISSUE:

Recall elections revised; no Supreme Court review Make room for the Libertarian candidate in upcoming recall elections BY PETER MARCUS

Morgan Smith remembers Rep. Don Friedman — Page 4

Miller Hudson looks at the issue of race — Page 5

Jennifer Riley-Chetwynd proud of Botanical Gardens — Page 10

PLUS: Letters from Leslie Hanks, Dan Kopelman and Chip Marks, page 4... ‘Those Were The Days’ with Betty Ford, Mary Estill Buchanan, Judy Brunelli & Frances Owens, page 5... and Politics UnCorked, pages 18-19.

The party THE COLORADO STATESMAN argued that it had not missed Recall elections to a 10-day statuoust Senate President tory deadline to John Morse of submit signaColorado Springs and tures from the state Sen. Angela time when the Giron of Pueblo were Secretary of once again thrown into State’s office flux this week after a certified the Denver District Court recall elections judge’s ruling essenfor Senate Libertarian Party Election reform activist tially made mail-ballot District 3 Chairman Jeff Orrok Marilyn Marks voting impossible. A (Giron) on July few days later, the 30 and Senate Colorado Supreme Court declined to hear District 11 (Morse) on July 31 in order to the case on appeal and let the District petition onto the Sept. 10 ballot. Statute Court ruling stand. says candidates have 10 days from when Judge Robert McGahey ruled from the the election is certified to submit signabench Monday evening after hearing a tures in order to appear on the ballot. A day’s worth of arguments on a lawsuit recent Democratic-sponsored bill — House brought by the Colorado Libertarian Party. Continued on Page 9

$2.00

‘Erotic Grammy’ recall candidate seeks $54 million Bubis claims GOP party officers conspired to slander her character BY PETER MARCUS THE COLORADO STATESMAN

Jaxine Bubis — the self-described “erotic grammy” who sought the El Paso County Republican Party’s nomination to replace Democratic Senate President John Morse in a recall election — is asking for $54 million in damages after members of her own party leaked her past as a romantic novelist. Bubis and Continued on Page 9

Jaxine Bubis

Three Denverites who made a difference — See their stories on pages 2-3

Become our fan on Facebook The Colorado Statesman Follow us on @ ColoStatesman Visit our website: coloradostatesman.com

Carolyn Metzler

Ivan Rosenberg

Don Friedman

June 1, 1934 — July 24, 2013

October 30, 1919 — August 4, 2013

March 21, 1930 — August 11, 2013

Denver Republican Party Activist

Denver City Councilman, Publisher

State Representative, R-Denver

‘Good bipartisan policy’ is goal of new leg director Tracee Bentley replaces Christine Scanlan as Hickenlooper’s liaison BY PETER MARCUS THE COLORADO STATESMAN

Tracee Bentley acknowledges that she has big shoes to fill. As Gov. John Hickenlooper’s new legislative director, she is replacing former Rep. Christine Scanlan, a Democrat, who served the governor since he was elected in 2010. “They’re so big I don’t think I can fill them,” Bentley laughed as she described the changing of the guard in the governor’s legislative office. “But I’ll do my best.” As legislative director for Hickenlooper, Scanlan led an aggressive agenda

that included a focus on energy issues, health care and education reform. Major bills landed on Scanlan’s desk, including a measure to create a health insurance marketplace and Tracee Bentley an early intervention program for child literacy. Scanlan recently took a position as chief executive and president of the Keystone Center, a nonprofit think tank that works on an array of public policy

issues. Scanlan believes Bentley will serve as a fine successor to carry the torch: “I think she’s great; I think she’ll be a great fit with the office,” she boasted of Bentley. But Bentley knows that Capitol insiders will carefully scrutinize the transition. She says she has been working with Scanlan regularly to ensure a smooth shift. Still, Bentley plans on doing things in her own unique way. “There was no guidebook trying to take it over for Christine Scanlan,” Bentley explained to The Colorado Statesman during a 20-minute interview on Monday. “But you’ll see, and everybody will see, that by default we just have Continued on Page 12


PAGE 9 ★ THE COLORADO STATESMAN ★ AUG. 16, 2013 “Women have the right of suffrage. It cannot be escaped.” — Victoria Woodhull

...Odd group of bedfellows on same side of recall lawsuit Continued from Page 1

Bill 1303, co-written by Giron — also states that ballots must be mailed no later than 18 days before the election, mandating all-mail voting. Meanwhile, Article XXI of the Colorado Constitution mandates that successor candidates have up to 15 days before the election to submit their signatures. The obvious conflict between statute and the constitution is what was at issue before McGahey. The conflict predates HB 1303, but it was renewed with the measure’s passage this year. The bill’s Democratic sponsors could have addressed the conflict, but did not. There would be no way for clerks to mail ballots 18 days before the election if candidates have until 15 days before the recall election to submit signatures. The lawsuit joined an odd group of bedfellows, including attorneys for Republican Secretary of State Scott Gessler and Mark Grueskin, a highprofile attorney who represents Democrats. Just last month, Grueskin challenged Gessler’s office for validating

the petition signatures of Republicans seeking to replace Morse and Giron in their respective districts. Grueskin had sought to invalidate the signatures for not including petition language that stated a demand for the election of a successor to the recall official. He lost that challenge on behalf of the Morse and Giron camps. This time, however, Grueskin found himself on the side of Gessler and the clerk and recorders of Pueblo and El Paso counties. For the secretary and clerks, an inperson election is a logistical nightmare; for Democrats, it means much more work turning out the vote since Democrats usually vote by mail; and for Republicans, having a Libertarian presence on the ballot could split the Republican vote. McGahey appeared torn between democracy and the constitution, noting that he did not want to disenfranchise any voters, or get into a political discussion. The biggest issue is that mail ballots have already gone out to military members overseas. But McGahey said he was forced to

rule in favor of the constitution. He placed onus on the legislature to correct the conflict, either through a referred measure that would amend the constitution, or through statute. “Unfortunately the process that has been created has a fatal flaw,” McGahey said of the legislature’s effort. “It doesn’t comport with… the language of Article XXI of the Colorado State Constitution … “With all due respect to the legislature, it either did not consider, or chose to ignore, the clear language of Article XXI… I find that both sad, and a little shocking,” the judge continued. Shifting in his chair to look up at the audience assembled in his courtroom, McGahey added, “I really wish I didn’t have to make the ruling because I know exactly what it’s doing… But I don’t feel like I have any choice. “I want to make it very clear that I don’t think the law enacted by the legislature appears at all stupid…” he clarified. “It’s intelligent; they thought about it hard. The problem is it doesn’t comport with the language of Article XXI.”

Throughout the hearing, attorneys argued that democracy and the right to vote must prevail over the constitution. “That is totally inconsistent with the fundamental right to vote…” argued Grueskin. “This is an error, or a condition, that they have created for voters. They didn’t create it for themselves. They ought not to have to give up half their voting rights in order to participate in this election.” Pueblo Clerk and Recorder Gilbert Ortiz, who sent out several tweets during the hearing, backed up those arguments. “Are we going to follow our Constitution and hurt our democracy in doing so?” he asked in one tweet. “Today it will be decided if we uphold the constitution at the cost of democracy,” he wrote in another. The Libertarian’s attorney, Aspen lawyer Matt Ferguson, later asked Ortiz to explain his tweets. The judge allowed the questioning because he felt it was representative of Ortiz’s character and credibility. Ortiz defended his Continued on Page 10

...Bubis says ‘Gang is capable of nothing short of terrorism’ Continued from Page 1

her legal counselor, Marc Harris, sent several notices to the alleged “debtors,” El Paso GOP Chairman Jeff Hays, state Republican Party Chairman Ryan Call, party activists Paul Paradis and Kit Roupe, and Senate District 11 Republican recall candidate Bernie Herpin. The complaints are not actually lawsuits and do not hold legal merit. However, in an “affidavit of obligation,” “affidavit of truth” and “formal criminal complaint,” Bubis and Harris allege that the “debtors” orchestrated a conspiracy to slander Bubis’ character in an attempt to remove her from the primary and clear the way for Herpin to petition onto the recall ballot. Morse is facing the recall after supporting a package of gun control measures in the legislature this year. The Sept. 10 ballot is two-part: First it asks voters whether to recall Morse, and then it contains a list of replacement candidates. The El Paso County Republican Party agreed to support one Republican candidate following a quasi primary process. Bubis and Herpin were the two Republicans in the district seeking the party’s nomination. But last month, El Paso County Republicans and members of the press received an email from Paradis that outlined Bubis’ bizarre past. She describes herself in her book, “Beantown Heat,” as a “grammy who writes erotic romance.” Paradis, the owner of Paradise Gun Sales in Colorado Springs, said at the time that he wanted to expose Bubis’ past in an attempt to shield the party from embarrassment. Since disclosing the information, the story has gone national, appearing as a top story on FoxNews.com this week and used as fodder by political satirist Bill Maher. The book itself, which was available for download online and published by eXtasy Books — contains extremely explicit and graphic scenes depicting raunchy sex and other romantic encounters. Much of the content is not fit for publication in a family newspaper such as The Colorado Statesman. Bubis spoke to The Statesman on Wednesday, explaining that since her past as a romantic novelist has come to light, she has been the subject of intense media scrutiny, which she believes has defamed her and destroyed her reputation. She further alleges that the mainstream Republican Party conspires to destroy grassroots candidates. “There’s a pattern of people running for office in this country being

mistreated because they weren’t the anointed ones,” she said during a phone interview. “This time they broke the law… If I can stop them from doing it to somebody else, I have to try.” Bubis said she first heard of her past entering the spotlight on June 20 when Rep. Dan Nordberg, R-Colorado Springs, received a tip that Bubis had written pornography. Bubis’ campaign had been wooing Nordberg for an endorsement. Bubis told Nordberg, “I no longer believed that pre-marital sex was heroic and for that reason I was currently pulling back my novels to rewrite them to make them more in line with my more mature moral views of sex in a committed relationship as being within god’s law,” according to the affidavit of truth. She said of her romantic writing that it took place 10 years ago when she was a stay-at-home mother helping to contribute to her family. She said she took creative writing classes that resulted in “Beantown Heat.” Bubis points out that the attack did not end with Nordberg being clued in to her creative writing. Republicans all across El Paso County began receiving copies of the book and tips about her past. In some cases, the book was left on Republicans’ doorsteps, according to Bubis. In most cases, Paradis left the book, she states. Then the robocalls started. Roupe, a former legislative candidate and wellknown business owner in the community, recorded a message for party leaders that said, “I was shocked… “It turns out candidate Jaxine Bubis writes pornography for a living…” The robocall continued, according to the claim. “While I don’t like material that objectifies women my biggest concern is that her statements were untruthful. Bubis claims she only did this once. That’s not true. According to Amazon.com, she has published eight erotic novels… Please don’t let Jaxine Bubis embarrass our community…” The claim also alleges that those who leaked the book “stole” copyrighted material with the intent to “slander, libel and defame” Bubis. “I was astounded, angry and very upset that anyone would steal from me to embarrass and degrade my character in a low and dirty way,” Bubis states in the affidavit of truth. “I could not believe that this was being done by a fellow Republican.” Bubis believes that Paradis and Roupe worked to discredit her as a candidate to pave the way for Herpin, who ultimately won the nomination. She also alleges that Hays and Call

worked as party leaders to further the effort by supporting the attacks and investigation into Bubis’ background. “These are powerful people,” Bubis states in the claim. “They are capable of anything… I have no idea what they’ll do in the future. This Gang is capable of nothing short of terrorism in my mind. “The Republican Party persecutes anyone who stands up against them,” she continued. “They try to publically humiliate you, destroy your reputation, make calls all over town about you and make you fearful even in the safety of your home. “I will have this smear hanging over my head for as long as the Internet is running…” Bubis concluded.

A not so traditional claim The claim itself was prepared by Harris, who Bubis describes as a “friend of a friend of a friend.” Harris is not an attorney, but as he told The Statesman, “The Sixth Amendment to the Constitution of the United States, it says in there that you are afforded assistance of counsel. I’m assistance of counsel.” The documents that Harris compiled contain 24 legal maxims, many of which resemble maxims written in the 19th Century by legal writer Herbert Broom. Those same maxims have been used in liens found to be spurious that have been compiled by the Sovereign Citizens Movement. So-called sovereign citizens do not believe they are accountable to local, state or federal law. They do not recognize U.S. currency and they are “free of any legal constraints.” The FBI has classified the group as potential domestic terrorists. Left-leaning political blog Coloradopols.com, which first reported Bubis’ claim in a post by “ProgressiveCowgirl” on Aug. 9, compared the documents prepared by Harris to templates used by members of the Sovereign Citizens Movement. Those “sovereignty documents” can be found at NaturallyPrudent.com. The website states, “We can learn how to operate within the commercial system that’s been put into place or to reacquaint ourselves with being ‘sovereign’ Americans. For in America, the PEOPLE ARE THE GOVERNMENT.” The claim organized by Harris also states that it is a “USSEC Tracer Flag Not a point of Law,” which comes from the sovereign theory that the government doesn’t exist. Bubis also describes herself in the claim as “bondservant to the Creator, a

private woman at peace; with a living soul; a state in fact as BE’ing (hereinafter: Affiant, One, I), with the purpose and intent of establishing a public record: One now comes, over the age of majority, being of sound mind and body under pain and penalty of bearing false witness before YHVH (spelled in Hebrew) and man depose with firsthand knowledge with the best information available …” That description is also similar to language used in claims filed by the One People’s Public Trust; a group that believes people should live their lives “according to their own free will and free will choices.” But Harris vehemently denies being connected to the sovereign movement. He acknowledges having studied some of its theories, but says he compiled Bubis’ claim on his own without using templates. “Maxims of law go back to Roman and Greek and Babylonian law; it goes back to the beginning,” Harris explained why he used Broom’s maxims. “A maxim is something one has stated and held true over time and can’t be refuted… Those maxims there have to do with affidavits and commercial law. “What is a sovereign? A sovereign is someone that answers to no one because they are the pinnacle for whatever the government is that they are a part of…” Harris continued. “They don’t have to ask permission. Now, what is a citizen? A citizen is a member of a civil society that comes out of Roman law… So, how is it that you can be a sovereign and a citizen at the same time? It’s oxymoronic… The sovereignty movement is stupid.” But Harris also acknowledges that he has been berated for having stated in the past that Colorado does not exist. However, he explains that his statement was simply a reflection of the word “exist.” “Exist means ‘to live; living,’” explained Harris. “If you don’t exist then you are a fiction. And Colorado is a fiction, just like every other political or corporate subdivision. They’re all fictions. What they are is they are persons. And under the law, ‘person’ is a corporation, co-partnership, association, subdivision — anything but a man or a woman. So, if you are a ‘person,’ you’re saying that you are a fiction, and because of that you do not exist.” Harris explains the $54 million figure that Bubis is asking for as being 18 times three, which he says goes back to “antiquity.” “When you harm a man or a woman Continued on Page 12


PAGE 10 ★ THE COLORADO STATESMAN ★ AUG. 16, 2013 “If women want any rights they had better take them.” — Harriet Beecher Stowe

...Marks gets involved in court case to poke holes in 1303 Continued from Page 9

stance that the right to vote should prevail. Grueskin and attorneys for Gessler also pointed out that the Republican candidates petitioning onto the recall ballots had no problem submitting their signatures within the statutory timeline. “It’s hardly a secret that they were recruiting candidates as early as June 10,” Grueskin pointed out of the Libertarian’s effort. Matt Grove, the attorney representing Gessler, said it would be a major burden on the secretary and clerks to comply with the judge’s ruling while also following HB 1303. “It’s going to be impossible to comply with polling place elections while complying with 1303…” he said, noting that the law mandates all-mail voting. “If the court is going to rule that the election code is unconstitutional… that’s going to leave the clerks without any guidance.” But Ferguson kept his argument simple, convincing the judge that he had no choice but to rule on the side of the constitution. “It was a perfect storm of events that led to this lack of harmony to the constitution and statute…” said Ferguson. “But the constitution should prevail.” Grueskin on Wednesday asked the Colorado Supreme Court to hear an appeal. But the high court late Thursday split 3-3 on whether to hear it. The two-page written order did not offer an explanation.

Justices Michael Bender, Nathan Coats and Monica Marquez voted to review the ruling. Justices Nancy Rice, Allison Eid and Brian Boatright voted not to review the decision. Liberal Justice Gregory Hobbs did not cast a vote. Grueskin told The Colorado Statesman on Wednesday that he believed it was important for the Supreme Court to hear the case in order to protect the democratic process. “The right to vote is a fundamental constitutional right,” explained Grueskin. “The courts have said the right to be a candidate is important, but not a fundamental constitutional right… If we’re really at a point in our process where it’s OK to sacrifice their right to vote, that’s a point of which I think there’s a line in the sand.”

Punching holes in 1303? The larger issue is whether the ruling on Monday punched the first holes in HB 1303, which began and ended as a controversial and polarizing piece of legislation. Democrats pushed the bill, which also includes same-day voter registration. It is a boost for Democrats to register voters on Election Day and send ballots to all voters by mail, since both provisions positively impact the left. From the beginning, Republicans and Gessler fought the measure, suggesting that it was crafted with liberal interests in secret without consultation from the secretary’s office or from any Republicans.

The more than 100 pages of legislation was introduced as a late bill in April just a month before the legislative session would end. Critics could not believe that Democrats would introduce such a complicated and controversial elections reform bill so late in the session. Even though the bill’s defenders point out that the conflict between statute and the constitution existed prior to HB 1303, its opponents suggest that Democratic sponsors could have at least worked to correct the conflict. The judge’s ruling only opened the door for criticism. “Republicans warned Sen. Morse, Sen. Giron and Gov. [John] Hickenlooper of the grave consequences that would arise if they rammed through their shoddy election reform legislation,” read a statement from state GOP Chairman Ryan Call. “They ignored us. Now, it appears that our servicemen and women are the ones who will bear the brunt of Sens. Morse and Giron’s careless work.” One of the bill’s biggest critics was Marilyn Marks, an Aspen elections reform activist who has for years been fighting for a secret yet transparent elections process. She has filed multiple court cases, some of which have revealed that mail balloting can lead to a loss of anonymity and fraud. Marks was the one who put the Libertarian Party in touch with Ferguson to represent them in their lawsuit, and made them aware of the conflict. She says she had no part in funding the lawsuit. But she was still

front and center Monday sitting in the plaintiff’s box. For Marks, playing a role in the court case was simply a way to poke at HB 1303: “The 2013 mandated mail ballot delivery clearly prejudices candidates and voters as it facilitates and encourages voting before some candidates have announced their run for office,” she said. “Lawmakers who rushed through the 2013 mail-only election bill and those who question the basis of the recall lawsuit attempt to blame the conflict on election methods of simpler times, without acknowledging that we the people in modern times continue to express our commitment to the power of the provisions of 100-year-old reforms,” Marks continued, noting that the constitutional provision dates back to 1912. She points out that lawmakers had multiple opportunities to correct the conflict between statute and the constitution when drafting and debating HB 1303. Before the bill passed in April, the Pueblo County Republican Party ran an ad in the Pueblo Chieftain that called attention to the provision. The ad points out that Giron and Sen. Evie Hudak, D-Westminster, were already facing possible recall elections, and may have realized that an all-mail approach would have benefited them. The recall effort against Hudak did not gather steam, but proponents were successful against Giron and Morse after they supported a package of gun control measures that became the focus Continued on Page 15

...The (r)evolution continues when it comes to race relations Continued from Page 5

with the federal government committing to hire and promote women and minorities. The C&P I had left was, for the most part, a white male enterprise. My new repair crew had nine black and three white installers. Bill Lattimore was one of the more militant, edgy, “black power” workers in our garage. He was particularly perturbed by the ready availability of drugs throughout his community, and he blamed this plague on a conspiracy of police and business leaders who desired to suppress black neighborhoods. I would verbally joust with him on this issue and ask whether he honestly believed there were formal, scheduled meetings where white leaders developed a drug distribution strategy in order to undermine black families? Drug dealers regularly distributed their wares at 13th and T streets each afternoon at 4 p.m. The junkies began to gather shortly after lunch, and we had adopted an internal policy that no phone orders would be worked within four blocks of this “drop” area after noon each day. Too many of our workers had been mugged and their trucks broken into by desperate addicts short on funds. Bill challenged me one day with the argument that if the phone company, as a private employer, was arranging its business schedule around the dangers of the drug trade, “…do you think the cops don’t know what’s going on?” I realized, of course, that he was right. What was excused as benign neglect in practice played out as a malicious malfeasance. There was reason to be angry. Before I departed for the Navy, I supervised the test center where Geraldine Anderson ran the dispatch desk. She held a Master’s degree from the Sorbonne and had been promised a promotion into management after a probationary year or two as a clerk. When I returned to C&P three years later, I was astonished to find she was still working on the dispatch desk. I had given her an excellent performance rating, and there was no excuse for this delay. Once I accepted a transfer to Mountain Bell in Denver, Gerry

approached me and asked if I would provide an affidavit on her behalf in an EEO complaint she was planning to file. It probably wasn’t a smart career move on my part, but I figured the right hand (Mountain Bell) would probably never figure out what the left hand (C&P) was doing so I agreed to be deposed. Rather than offering her the promotion she deserved, C&P settled for offering a substantial financial payment to have her go away. Happily, Gerry went on to serve as vice president at one of America’s largest natural gas companies. My complicity was lost in the chaos of the subsequent break-up of the Bell System. Arriving in Denver I was provided a tour of the city by Mountain Bell. They made a point of showing me the “ghetto neighborhood” of Park Hill. I was amused and told my boss that just because black people lived there didn’t make it a ghetto — that I, in fact, had worked in a genuine ghetto and well knew what they looked like. Park Hill appeared to be simply another middle class neighborhood. I’m not sure that I convinced him of that, but he did let me know that Denver contained another group of people I could feel superior to — Chicanos and Mexicans. Since my godmother was Anna Chavez and Hudsons arrived in Santa Fe in the 1850s, I was silently disgusted by his ignorant prejudices. When I first ran for the Colorado Legislature in 1978, Wellington Webb endorsed my candidacy for reasons that have dimmed with memory and that may well have served a political agenda I didn’t fully apprehend. But, with virtually everyone else in the Denver Democratic Party supporting my primary opponent, I was more than appreciative — I was grateful. Later, when Wellington ran for Mayor in 1991, I stood solidly in his corner as I did again in 1995 and 1999. I’ve also harbored a soft spot for Wilma Webb, who was one of only three Democrats to walk off the House floor in 1982, together with David Skaggs and myself, when the Republican caucus “locked in” their members on the Long Bill. The previous day House Democrats had

unanimously voted to stage a walkout against the binding caucus. Yet, when the time arrived, only three of us followed through. Perhaps we were behaving badly, but we kept our word and Wilma’s commitment deserves respect in my book. The state Capitol still employed elevator operators when I arrived in 1979. Hazel was an amply proportioned African American who was generally overlooked by legislators too self-important to even greet her. She was one of those preternaturally cheerful individuals who can brighten your day and she never missed a thing. Ignored as though she were deaf, Hazel listened attentively to every conversation. If she liked you Hazel served as the Legislature’s “gossip central.” As I was departing late one night she said to me, “What’s the matter with these people Mr. Hudson? I see more him’n and him’n, and her’n and her’n, and him’n and her’n down here than I’ve seen in my whole life. Are they all crazy?” “No,” I replied, “I think most politicians are just oversexed.” “You’re right about that,” she chuckled, “Yep, you’re right about that!” Last year we hosted Joyce as our “Obama daughter,” a first generation African American born in New York City, whose parents are from Cameroon and whose father works for the United Nations. Joyce labored criminally long hours for six months turning out Denver’s Democratic vote for the President’s re-election. She chose to remain in Colorado following the campaign, as so many “visitors” to Colorado do, and we helped her move into a Capitol Hill apartment. Joyce and the diverse friends she made during the campaign could produce a “We Are the World” commercial. We know this because they appeared at our door singing carols last Christmas. Personally I’ve learned that placing my finger on the scales in favor of fairness has been the way I could make things better. I didn’t always have the courage to do that, though I’ve gotten better at it as the years have passed. Perhaps the discussion we need is not

so much about race, as it is about being Americans. I can assure you our enemies don’t see the differences or make the distinctions we frequently dwell on. Black or white or brown, they’re more than happy to kill us all. What Americans have historically shared is a commitment to community, to individual responsibility and equal opportunity. Diversity has been our abiding strength and the fear of change our recurring weakness.

The (r)evolution continues Four years ago when Colorado Senate President Peter Groff stepped aside to accept an appointment with the Obama administration, I sat with his father during the Democratic vacancy election to select his replacement. Regis Groff held the same seat thirty years earlier as Senate Minority Leader while we were serving together in the Colorado Legislature. African Americans had filled this Northeast Denver Senate seat for nearly half a century. Mike Johnston, a white schoolteacher and public education reformer, defeated three black opponents on the first ballot cast by the vacancy committee. Regis nudged me and whispered, “You know Miller, this Obama thing cuts two ways. My folks don’t believe they have to vote for you any more just because you’re black.” The President was right: when it comes to race, our kids, all our kids, are better than we were, and their kids should be better still. Fifty years ago this month Martin Luther King gave his “I Have A Dream” speech from the steps of the Lincoln Memorial. I was lucky enough to have been there. Our nation continues to inch ever closer to the more perfect union he envisioned. This has been and will continue to prove a halting progress, but I believe the better angels of our nature are certain to prevail one day. Miller Hudson served two terms in the Colorado House of Representatives. He continues to live in Denver and comment on the political scene.


PAGE 15 ★ THE COLORADO STATESMAN ★ AUG. 16, 2013 “Organize, agitate, educate, must be our war cry.” — Susan B. Anthony

...Secretary of State adopts temporary rules for recall elections Continued from Page 10

of the recall effort. “The ‘all mail ballot’ approach cannot be used to conduct recall elections under the current law. Giron and Hudak are desperate to change the current law so that their recalls will see the mails flooded with ballots going to people who would never go to the polls to vote for them in a recall,” states the GOP ad. “The arrogance that caused these lawmakers to disobey the clearly and repeated expressed will of the people cannot be now brushed aside as ‘oversight’ or a little legislative carelessness,” opined Marks. “It can only be seen for what it is, and yet another reason to reserve essential recall powers for ourselves, the voters.” Gessler was put in an odd position. Even though he vehemently opposed the elections reform bill during the session, his office was forced to defend it on Monday. But he still pointed out that the court case raises serious concerns. “1303 amplifies the problems,” Gessler said just before Judge McGahey ruled. “I can’t blame this all on 1303 by any stretch. I did not like the legislation, but I’m not going to blame it all on 1303.” Following the judge’s ruling, Gessler added, “The judge was very clear that the legislation that was passed last session created some real problems. We defended that legislation because I think that’s my duty to do that. The

judge struck those parts down. Our job right now is to make this election work.” El Paso County Clerk and Recorder Wayne Williams agreed that his job now is to make the election work. But as one of the clerks who opposed HB 1303, he couldn’t help but take a quick jab. “It illustrates what happens when you rush through a bill without getting input from folks like Sec. Gessler, or myself, or other folks involved in the elections process, or activists, or citizens,” said Williams. “And it illustrates why that should never have been a late bill.”

Conducting the election Now with court challenges behind them, clerks — with guidance from the secretary of state — are required to conduct successful recall elections. The ballot itself is two-part: First it asks voters whether the candidate should be recalled, and then it asks voters to choose a replacement candidate. In SD 11 in Colorado Springs, Republican Bernie Herpin will make the ballot as a replacement candidate; in SD 3 in Pueblo, Republican George Rivera will appear on the ballot. Jeff Orrok, chairman of the Colorado Libertarian Party, said he is working to place Gordon Butt of Colorado Springs on the ballot in SD 11. As a minor party, Libertarians must collect 575 valid signatures to do so and submit the petitions by Aug. 26 — 15 days

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before the Sept. 10 election. “We get to play ball now, and we’re going to have to scramble like mad to get our signatures, but we believe we can get a lot of help from all of the people who wanted to see their recall go through,” said Orrok. “I believe people will come out of the woodwork to help us along. It’s an achievable goal.” Richard Anglund, a Democrat from Pueblo, has filed paperwork to run as a replacement if Giron is recalled. Anglund did not return multiple requests for comment left by The Statesman to find out why, as a Democrat, he would want to replace a sitting Democrat in a recall election. On Friday, the secretary of state’s office adopted temporary rules to conduct the recall elections: • Successor candidate petitions are due no later than 5 p.m. on Aug. 26; • The secretary of state will verify petitions within one day; • A person may file a protest within five days after the secretary rules; • Counties must publish the election notice by Aug. 30; • All electors must vote in-person; • Procedures are offered for requesting an emergency mail ballot; • Same-day voter registration is available; • Mail ballots will be issued to military and overseas voters They will be able to access final ballots using an online ballot delivery website; If a military or overseas voter can’t

NOTICES OF PUBLIC TRUSTEE SALES

obtain an official ballot after Aug. 27, they may return the ballot issued before Aug. 12 and all votes will be counted; Following the eight-day post election period, if a military or overseas voter returns the second ballot, the county must count that ballot, regardless of whether the voter returned the first issued ballot; • Counties must designate polling locations, and they must remain open from 7 a.m. to 7 p.m. on Sept. 10; • Counties must appoint the necessary number of election judges, with at least one supervisor; • Parties with a candidate on the ballot, an unaffiliated candidate who is on the ballot, or a registered issue committee supporting or opposing the recall question may appoint one or more election watchers; • Counties must appoint the canvass board by Aug. 26; and • Counties must upload results to the election night reporting system. “The Supreme Court has settled this issue,” said Gessler. “We’ve already begun rolling our sleeves up to make these elections a success. Every eligible voter will have the opportunity to cast a ballot, including our military service members, under the plan we are putting together. Voters in El Paso and Pueblo counties can rest assured these elections will be conducted with the integrity they expect and deserve.” — Peter@coloradostatesman.com

NOTICES OF PUBLIC TRUSTEE SALES

PUBLIC NOTICE Denver NOTICE OF SALE Public Trustee Sale No. 2013-0778 To Whom It May Concern: On 6/11/2013 the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in Denver County. Original Grantor: RICARDO LUNA AND MARIA E LUNA Original Beneficiary: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR COMMERCIAL FEDERAL BANK, FSB Current Holder of Evidence of Debt: WELLS FARGO BANK, N.A. Date of Deed of Trust (DOT): 7/28/2003 Recording Date of DOT: 8/5/2003 Reception No. of DOT: 2003160492 DOT Recorded in Denver County. Original Principal Amount of Evidence of Debt: $100,000.00 Outstanding Principal Amount as of the date hereof: $43,929.36 Pursuant to C.R.S. §38-38-101 (4) (i), you are hereby notified that the covenants of the deed of trust have been violated as follows: The lender declares a violation of the covenants of said Deed of Trust for reasons including, but not limited to, the failure to make payments as provided in the Deed of trust and Negotiable instrument. THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN. The property described herein is all of the property encumbered by the lien of the deed of trust. Legal Description of Real Property: LOT 13 AND SOUTH 1/2 OF LOT 12, BLOCK 2, DOWNING’S ADDITION TO THE CITY OF DENVER, CITY AND COUNTY OF DENVER, STATE OF COLORADO.

Which has the address of: 3112 Marion Street , Denver, CO 80205 NOTICE OF SALE The current holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust. THEREFORE, Notice Is Hereby Given that on the first possible sale date (unless the sale is continued) at 10:00 a.m. Thursday, October 10, 2013, at the Denver County Public Trustee’s Office, 201 West Colfax Avenue, Denver, Colorado, I will sell at public auction to the highest and best bidder for cash, the said real property and all interest of said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law. Dated: 6/12/2013 Debra Johnson DENVER COUNTY Public Trustee The name, address and telephone numbers of the attorney(s) representing the legal holder of the indebtedness is: ARONOWITZ & MECKLENBURG, LLP EMILY JENSIK Colorado Registration #: 31294 1199 BANNOCK STREET , DENVER, COLORADO 80204 Phone #: (303) 813-1177 Fax #: Attorney File #: 9105.05884 First Publication: 8/16/2013 Last Publication: 9/13/2013 Publisher: The Colorado Statesman

PUBLIC NOTICE Denver NOTICE OF SALE Public Trustee Sale No. 2013-0785 To Whom It May Concern: On 6/11/2013 the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in Denver County. Original Grantor: THOMAS A TRUJILLO AND CHRISTINE M TRUJILLO Original Beneficiary: JPMORGAN CHASE BANK, N.A. Current Holder of Evidence of Debt: THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. F/K/A THE BANK OF NEW YORK TRUST COMPANY, N.A., AS TRUSTEE FOR CHASE MORTGAGE FINANCE CORPORATION MULTI-CLASS MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-S6 Date of Deed of Trust (DOT): 5/24/2007 Recording Date of DOT: 6/6/2007 Reception No. of DOT: 2007086963 DOT Recorded in Denver County. Original Principal Amount of Evidence of Debt: $136,000.00 Outstanding Principal Amount as of the date hereof: $134,359.49 Pursuant to C.R.S. §38-38-101 (4) (i), you are hereby notified that the covenants of the deed of trust have been violated as follows: The lender declares a violation of the covenants of said Deed of Trust for reasons including, but not limited to, the failure to make payments as provided in the Deed of trust and Negotiable instrument. THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN. The property described herein is all of the property encumbered by the lien of the deed of trust. Legal Description of Real Property: LOTS 47 AND 48, BLOCK 5, WESTLAWN GARDENS, CITY

AND COUNTY OF DENVER, STATE OF COLORADO. Which has the address of: 235 South Irving Street , Denver, CO 80219 NOTICE OF SALE The current holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust. THEREFORE, Notice Is Hereby Given that on the first possible sale date (unless the sale is continued) at 10:00 a.m. Thursday, October 10, 2013, at the Denver County Public Trustee’s Office, 201 West Colfax Avenue, Denver, Colorado, I will sell at public auction to the highest and best bidder for cash, the said real property and all interest of said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law. Dated: 6/13/2013 Debra Johnson DENVER COUNTY Public Trustee The name, address and telephone numbers of the attorney(s) representing the legal holder of the indebtedness is: ARONOWITZ & MECKLENBURG, LLP EMILY JENSIK Colorado Registration #: 31294 1199 BANNOCK STREET , DENVER, COLORADO 80204 Phone #: (303) 813-1177 Fax #: Attorney File #: 1068.06235 First Publication: 8/16/2013 Last Publication: 9/13/2013 Publisher: The Colorado Statesman

PUBLIC NOTICE Denver NOTICE OF SALE Public Trustee Sale No. 2013-0779 To Whom It May Concern: On 6/11/2013 the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in Denver County. Original Grantor: WILLIAM L EDLIN AND MARCIA L EDLIN Original Beneficiary: LONG BEACH MORTGAGE COMPANY Current Holder of Evidence of Debt: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR LONG BEACH MORTGAGE LOAN TRUST 2004-1 Date of Deed of Trust (DOT): 8/7/2003 Recording Date of DOT: 8/21/2003 Reception No. of DOT: 2003175943 DOT Recorded in Denver County. Original Principal Amount of Evidence of Debt: $200,000.00 Outstanding Principal Amount as of the date hereof: $157,251.00 Pursuant to C.R.S. §38-38-101 (4) (i), you are hereby notified that the covenants of the deed of trust have been violated as follows: The lender declares a violation of the covenants of said Deed of Trust for reasons including, but not limited to, the failure to make payments as provided in the Deed of trust and Negotiable instrument. THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN. The property described herein is all of the property encumbered by the lien of the deed of trust. Legal Description of Real Property: LOTS 7 AND 8, BLOCK 15, MOUNTAIN VIEW PLACE, CITY AND COUNTY OF DENVER, STATE OF COLORADO.

Which has the address of: 2229 South Corona Street , Denver, CO 80210 NOTICE OF SALE The current holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust. THEREFORE, Notice Is Hereby Given that on the first possible sale date (unless the sale is continued) at 10:00 a.m. Thursday, October 10, 2013, at the Denver County Public Trustee’s Office, 201 West Colfax Avenue, Denver, Colorado, I will sell at public auction to the highest and best bidder for cash, the said real property and all interest of said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law. Dated: 6/12/2013 Debra Johnson DENVER COUNTY Public Trustee The name, address and telephone numbers of the attorney(s) representing the legal holder of the indebtedness is: ARONOWITZ & MECKLENBURG, LLP JENNIFER TRACHTE Colorado Registration #: 40391 1199 BANNOCK STREET , DENVER, COLORADO 80204 Phone #: (303) 813-1177 Fax #: Attorney File #: 1068.06232 First Publication: 8/16/2013 Last Publication: 9/13/2013 Publisher: The Colorado Statesman

PUBLIC NOTICE Denver NOTICE OF SALE Public Trustee Sale No. 2013-0794 To Whom It May Concern: On 6/12/2013 the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in Denver County. Original Grantor: RICHARD EARL BECKHAM Original Beneficiary: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR AMERICA’S WHOLESALE LENDER Current Holder of Evidence of Debt: FEDERAL NATIONAL MORTGAGE ASSOCIATION Date of Deed of Trust (DOT): 8/15/2002 Recording Date of DOT: 9/18/2002 Reception No. of DOT: 2002164986 DOT Recorded in Denver County. Original Principal Amount of Evidence of Debt: $140,000.00 Outstanding Principal Amount as of the date hereof: $134,450.61 Pursuant to C.R.S. §38-38-101 (4) (i), you are hereby notified that the covenants of the deed of trust have been violated as follows: The lender declares a violation of the covenants of said Deed of Trust for reasons including, but not limited to, the failure to make payments as provided in the Deed of trust and Negotiable instrument. THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN. The property described herein is all of the property encumbered by the lien of the deed of trust. Legal Description of Real Property: LOT 4, BLOCK 4, MONTBELLO NO. 5, CITY AND COUNTY OF DENVER, STATE OF COLORADO.

Which has the address of: 12940 East 48th Avenue , Denver, CO 80239 NOTICE OF SALE The current holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust. THEREFORE, Notice Is Hereby Given that on the first possible sale date (unless the sale is continued) at 10:00 a.m. Thursday, October 10, 2013, at the Denver County Public Trustee’s Office, 201 West Colfax Avenue, Denver, Colorado, I will sell at public auction to the highest and best bidder for cash, the said real property and all interest of said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law. Dated: 6/13/2013 Debra Johnson DENVER COUNTY Public Trustee The name, address and telephone numbers of the attorney(s) representing the legal holder of the indebtedness is: ARONOWITZ & MECKLENBURG, LLP JENNIFER TRACHTE Colorado Registration #: 40391 1199 BANNOCK STREET , DENVER, COLORADO 80204 Phone #: (303) 813-1177 Fax #: Attorney File #: 3030.00634 First Publication: 8/16/2013 Last Publication: 9/13/2013 Publisher: The Colorado Statesman

8 recall elections revised; no supreme court review 081613  
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