A further court hearing resulted in the election being conducted in-person rather than by mail, which also led to Giron complaining of voter suppression.
In the election, held on September 10, 2013, both Morse and Giron were recalled by the voters of their districts and replaced with Republicans George Rivera and Bernie Herpin, respectively.
[1][2][3] The initial recall petitions targeted Senate President John Morse and State Representative Mike McLachlan.
[6] During the petition drive, groups supporting Morse accused the firm collecting the signatures of hiring convicted felons and gathering personal information.
[7] National groups opposing the recall included America Votes, believed to be financially supported by New York City Mayor Michael Bloomberg,[7] as well as California billionaire Eli Broad.
[13] A group backing Morse alleged that fifty of the signatures on the petitions were forged, including one individual who had been dead for two years.
[14] A spokesman for BFDF immediately issued a statement calling for an investigation and stating that if anyone committed fraud the guilty party should be prosecuted "to the fullest extent of the law.
[21] On July 9, 2013, Morse filed suit in the Denver District Court seeking an injunction to block the recall election.
[22] At the same time Secretary of State Gessler filed suit to force Democratic Governor John Hickenlooper to set a date for the recall election.
[34] Sonia Negrete Winn, a Democrat, also sought to be on the ballot to replace Giron,[35] but failed to obtain the required signatures to be a candidate.
[37] At the same time, Libertarian Jan Brooks turned in petitions to be on the ballot against Morse while Democrat Richard Anglund announced his write-in candidacy against Giron.
[46] Giron noted that "We were less than two weeks out and we didn't know what the rules were," referring to the change from mail-in ballots to in-person voting.
[47] With the recall of Morse and Giron, Herpin and Rivera were elected to the State Senate to replace them, defeating their respective write-in opponents.
[48] Giron and Democratic National Committee Chair Debbie Wasserman Schultz claimed that the recall defeat was due to voter suppression.
[50] Wasserman Schultz also stated that the money spent by the NRA and the Koch brothers made it impossible for Democrats to win.
[51] Charles C. W. Cooke, writing in the National Review Online, stated that it was a grassroots effort, triggered by the perception that the two senators were not listening to the concerns of the public.
[52] Ashby Jones of The Wall Street Journal viewed it as a major win for the NRA and a "stinging defeat" for Mayor Bloomberg.
[53] Reuters journalist Keith Coffman stated that the defeat was a sign that Democrats who control Colorado government had reached too far, not just on gun-control, but in other areas also, such as not considering religious exemptions for same sex adoptions, or same-day voter registration.
The day after the election, when Giron had been recalled by 12 points, they released the poll and company director Tom Jensen explained why they had not initially done so, citing numerous unusual results.