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...

By Michael Roberts

March 22, 2011

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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

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Michael Roberts began his career with Westword in 1990 as music editor. In 1999, he took on a new role, full-time media reporter, as author of a column called The Message. In 2008, he became the lead writer for Westword's news blog, The Latest Word, a position he held until January 2023. Michael continues to freelance for Westword, covering everything from business to sports and the media; he also contributes to Jazziz, a national music magazine. He holds a bachelor's degree from what is now Colorado Mesa University and master's degrees from the University of California, Los Angeles, and Northwestern University.

Contact: Michael Roberts

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