Saturday, January 22, 2011

Impeach Scott Gessler?

Article XIII of the Colorado constitution lays out the grounds and process of impeachment. First, the Secretary of State is a state officer and all state officers are eligible for impeachment,
The governor and other state and judicial officers, shall be liable to impeachment for high crimes or misdemeanors or malfeasance in office 
Second, a majority of all House members must vote to impeach. Note that is not a majority of those voting but a majority of all members. The Colorado House has 65 seats so 33 would be needed for impeachment, currently Republican's hold a 33-32 majority. Next the process moves to the Senate and 2/3rds must vote for conviction. There are 35 seats in the Colorado Senate and Democrats control the chamber 20-15 so 3 Republican's would have to vote for conviction to remove Gessler from office.

I'd say there's no chance that Gessler could ever be impeached by our GOP controlled House. Even if he were I seriously doubt there are 3 Senate Republican's who would vote to convict. So impeachment is out. Next, on to the recall provisions...


Andrew Oh-Willeke said...

There has been considerable conservative discontent with Gessler's conduct and I don't think it would be at all surprising for some GOP House and Senate members (just one out of 33 is needed in the House and just 3 of 15 are needed in the Senate) to defect and find that malfeasance has taken place - something determinable with regard to sources well beyond the criminal code.

Anonymous said...

Oh Andrew Willeakey,

"Considerable" conservative discontent? I haven't seen any worth mentioning. but, you got to practice saying the word.

I think the left is just in an uproar because finally a sec of state is taking on the tough issues (like providing actual proof of citizenship to vote, etc).

Nice to see "Progress NOWhere" decide to go after him. What a joke.

Anonymous said...

Oh and "Spelling errors and typos are the result of gremlins in my keyboard."??? on your personal blog there attorney Andrew.

Are those gremlins also to blame for the multitude of left leaning websites keyed into your blog too?

If you consult so much with the lefty looking glass, how do you really know what conservatives feel about Scott Gessler?