News

Marcus Giavanni files complaint over exclusion from Denver mayoral ballot: Read it here

The morning after ten Denver mayoral candidates qualified for the ballot, Marcus Giavanni, whose petition was deemed "insufficient," said he would file a complaint about his exclusion -- and he's done just that.

The document, on view below, targets Denver clerk and recorder Stephanie O'Malley and argues that the rejection of many allegedly invalid signatures was improper.

The complaint notes that Giavanni, referred to as Mark Andrew Nelson-Giavanni, turned in 427 signatures; 300 valid signatures were required to reach the ballot. Of this total, 176 were denied, leaving him 124 short. However, the document states:

Upon examination, it now appears that O'Malley's office erroneously rejected well in excess of 124 valid signatures. It appears that O'Malley's office failed to adopt the standard of substantial compliance under Fabec v. Beck, 922P.2d330, 341 (Colo 1996). Under Fabec, the right to petition is a fundamental right under the Colorado Constitution which should be liberally construed. Her office must not impose strict, technical statutory compliance to the extent that the people's right to petition their government is unfairly impeded thereby.

Givanni's attorney, Richard Daily, asks the court to act quickly, given that the mayoral election is slated for May 3. Here's the complete complaint:

Marcus Giavanni Petition to Appear on Denver Mayoral Ballot

More from our Politics archive: "James Mejia: A Denver mayor's race profile," "Doug Linkhart: A Denver mayor's race profile," "Michael Forrester: A Denver mayor's race profile," "Michael Hancock: A Denver mayor's race profile," "Danny Lopez: A Denver mayor's race profile," "Chris Romer: A Denver mayor's race profile," "Carol Boigon: A Denver mayor's race profile," "Thomas Andrew Wolf: A Denver mayor's race profile," "Eric Zinn, mayoral hopeful, wants Denver to lose a million pounds," "Gerald Styron, Denver mayor candidate, once threatened to bring a gun to Westword," "Paul Noel Fiorino: A Denver mayor's race profile," "Dwight Henson: A Denver mayor's race profile," "Theresa Spahn: A Denver mayor's race profile," "Jeff Peckman: A Denver mayor's race profile," "Vincent Macieyovski: A Denver mayor's race profile," "Ken Simpson: A Denver mayor's race profile," and "Mark Gruber: A Denver mayor's race profile."

KEEP WESTWORD FREE... Since we started Westword, it has been defined as the free, independent voice of Denver, and we'd like to keep it that way. With local media under siege, it's more important than ever for us to rally support behind funding our local journalism. You can help by participating in our "I Support" program, allowing us to keep offering readers access to our incisive coverage of local news, food and culture with no paywalls.
Michael Roberts has written for Westword since October 1990, serving stints as music editor and media columnist. He currently covers everything from breaking news and politics to sports and stories that defy categorization.
Contact: Michael Roberts