August 27, 2013 Updated: August 27, 2013 at 4:58 pm
A Manitou Springs woman has filed a complaint against recall election candidate Bernie Herpin for ads he sent out attacking the Democratic senator he hopes to replace.
The door hanger, which says "Paid for by Bernie Herpin for Senate District 11" advocates for the recall of Sen. John Morse, D-Colorado Springs.
Ann Schmitt says in the complaint that candidate committees are supposed to refrain from spending money or advocating in issue campaigns.
The recall portion of the ballot is an issue campaign - with committees advocating for voters to vote 'yes' or 'no' to kick Morse out of office.
The second portion of the ballot is a candidate campaign - with the Republican candidate Herpin advocating for votes to replace Morse if he is recalled.
So Morse's campaign, which is an issue committee, would be unable to campaign against Herpin who is a candidate and vice-versa.
At issue is whether Morse should be recalled from office on Sept. 10 for his leadership style and his support of gun legislation that became law this summer.
The complaint is a minor one that would require Herpin's campaign to pay a fine until it set up an issue committee to run the ads and money through.
But first the ads would have to be found in violation of campaign finance laws.
All campaign finance reports for those involved in the recall election, whether it's the issue side or the candidate side, must file finance reports by Tuesday at midnight.
It'll be the first look in almost two months at who is financing the campaigns and how much money has been spent to lobby Senate District 11 voters.
Meanwhile, Herpin is holding a press conference this afternoon going after Morse's stance on Jessica's Law.
Jessica's Law would have required a mandatory 25-year sentence for sexual predators who target children.
Almost all state's have adopted a similar sentencing requirement.
But the law isn't that cut and dry in Colorado.
Democrats, like Morse, who opposed the measure did so last session and in 2008 because it is redundant in Colorado where sexual predators already face a life-sentence for crimes under the Lifetime Supervision Act. It's part of a complicated sentencing program in Colorado that leaves a sentence conditional on treatment and rehabilitation for sexual offenders.
Contact Megan Schrader