Current Garfield Re-2 board member and former board president Tony May’s protest to a recall effort put together by the Coalition for Responsible Education in Re-2 was denied by hearing officer Sheila Reiner on Monday.

May said he is moving forward with an appeal of that denial, which had to be filed by the end of the business day on Wednesday.

The effort to recall May moved forward in March when the Garfield County Clerk confirmed the coalition had gathered enough signatures to proceed.

The group needed 2,038 signatures to trigger a recall election and submitted 2,441 validated signatures. Initially, the requirement was set at 2,378 signatures but was later adjusted. The total is determined by the votes cast in the last election. The coalition managed to surpass both thresholds.

During a meeting on March 27, May and his attorney, Drew Kraniak, presented their case against the recall to hearing officer Sheila Reiner. Reiner rejected the protest on Monday, prompting May’s decision to appeal.

“I’ve entered a formal protest to this politically motivated recall with the Garfield County Clerk with intention to defend solely on non-compliance of recall filing,” May said. 

May referenced subsection 7.5 of the Colorado Revised Statute 1-12-108, which states that a petition must be filed within a sixty-day period after the approval from a designated election official. The petition was approved on Nov. 24 and was submitted Monday, Jan. 26.

Reiner clarified that the petition was turned in on a timely manner.

“When Clerk Harmon approved it to form on a Friday afternoon, that circulation is to begin the following Monday, so it is still provided the 60 days that is required in the law for the circulation time frame. I don’t see that they did anything wrong,” Reiner said. 

Reiner shared insights into her decision-making process, emphasizing her conclusion that the coalition complied with legal requirements in circulating the petition.

“In the end, I just decided that substantial compliance was stronger than the other arguments,” Reiner said. “Ultimately, I found that the coalition that circulated the petition did it within the framework of the law.”

Garfield County Clerk and Recorder Jackie Harmon outlined the election timing constraints, emphasizing the scheduling requirements relative to the presidential primary. An election can not take place until 60 days after a presidential primary, which took place on March 5. This marks May 5 as the first possible election date for the Re-2 recall election. Harmon said the election is expected to take place sometime in June.

“This election is asking the citizens of Re-2 whether they wish to recall Mr. Tony May,” Harmon said.

Harmon also mentioned the process for potential successors to get their names on the ballot, highlighting the logistical challenges involved in preparing for the election. In order for a name to be put on the ballot as May’s successor, a community member will need to file a petition and collect 50 signatures in doing so. 

May will continue his duties on the Re-2 school board until the potential recall election.