Johnstown Town Clerk Meghan Martinez has determined that the petition seeking to recall Mayor Michael Duncan remains insufficient following the recall committee’s October 6 cure submission, leaving the effort eight valid signatures short of the required threshold.
In an October 9 determination, Martinez accepted three additional signatures that had previously been rejected, increasing the total from 479 to 482. However, the petition still falls short of the 490 valid signatures required to advance.
Three Additional Signatures Accepted
The recall committee submitted 559 signatures on September 15, exceeding the required number by 69 before the Town Clerk’s verification process.
Following an initial review on September 21, the Clerk’s Office accepted 479 signatures and rejected 80, leaving the petition 11 signatures short. As Johnstown Republic reported in its September 22 coverage of the initial determination, the committee was given until 5 p.m. October 6 to address deficiencies in the petition.
According to Martinez’s October 9 letter, her office received two documents from the recall committee by that deadline. After reviewing the submission, the Clerk’s Office determined that three previously rejected signatures could be accepted.
The updated totals are:
- Total signatures reviewed: 559
- Accepted signatures: 482
- Rejected signatures: 77
- Required signatures: 490
- Remaining shortfall: 8
Martinez concluded that the petitions were insufficient to move forward.
October 9 Town Clerk Determination of Insufficiency (Address Redacted)— PDF
The Town Clerk’s determination confirms that the recall petition remains eight signatures short of the required threshold. Residential address information has been redacted from the published document.
Why Some Signatures Could Not Be Cured
In her written determination, Martinez distinguished between petition deficiencies that could be corrected and those involving a signer’s eligibility at the time the petition was signed.
According to the letter, signatures from individuals who were not registered electors of Johnstown when they signed could not subsequently be made valid by registering to vote after the fact.
The Clerk’s Office cited Colorado’s municipal recall provisions, including C.R.S. § 31-4-503(3)(c), in explaining its review of the committee’s submission.
The determination accepted three additional signatures but left 77 signatures disallowed, resulting in the eight-signature shortfall.
Mayor Filed Additional Protest Following Cure Submission
Separately, Duncan provided Johnstown Republic with a copy of a notarized supplemental protest dated October 7 challenging the recall committee’s October 6 submission. Duncan said he filed the document that day.
The 12-page document, titled Protest of Refiled Recall Petition, raises several objections to the committee’s attempt to address deficiencies in the original petition.
Duncan argues that the applicable law allows certain corrections but does not authorize withdrawing, amending, or refiling a petition in the manner he describes. He also challenges whether signatures previously rejected because of voter-registration issues could legally be accepted through the cure process.
The supplemental protest follows Duncan’s September 28 formal protest, which challenged the original petition on grounds involving signature collection procedures, circulator affidavits, and information allegedly presented to prospective signers.
As Johnstown Republic reported October 2, Duncan’s original filing sought a review of petition sections and related records, including whether signatures were collected in the presence of the circulators identified in the required affidavits.
Those allegations have not been established as violations. The October 9 determination addresses the Clerk’s review of the cure submission and does not establish that a hearing officer has ruled on Duncan’s protests.
Johnstown Republic reviewed the supplemental protest but is not publishing the document at this time because it contains identifying information about private residents, including residential addresses and signatures.
Background: What Led to the Recall Effort?
The recall petition alleges that Duncan exceeded his authority under Johnstown’s Home Rule Charter and undermined transparency in Town government. Duncan has disputed those allegations.
In a September 8 investigation, Johnstown Republic examined the petition’s claims against Town Council records, proposed agreements, and official correspondence.
That reporting identified distinctions between several allegations and the documented actions of the Town, including Council’s rejection of a proposed consulting agreement involving Russ Baca and subsequent discussions concerning artificial intelligence and data-center development.
The Town Clerk approved the original recall petition for circulation in July, but that determination addressed whether the petition satisfied formal requirements. It did not establish whether the allegations against Duncan were true.
The current dispute concerns whether the recall petition contains enough legally valid signatures to advance, rather than whether the underlying political allegations justify removing the mayor from office.
What Happens Next?
The Town Clerk’s October 9 determination establishes that the petition remains insufficient following the committee’s cure submission. No recall election has been scheduled.
Johnstown Republic previously reported that the Town Council appointed attorney Ian McCargar as an administrative hearing officer for election-related matters on September 21. The appointment was not limited to Duncan’s recall, and the Town has not confirmed that McCargar has been assigned to hear Duncan’s protests.
The documents reviewed by Johnstown Republic do not establish whether the recall committee intends to challenge the Clerk’s determination, whether a hearing will be held concerning Duncan’s protests, or whether additional administrative or judicial proceedings may follow.
Johnstown Republic contacted recall committee member Pauline Migliore on October 9, seeking comment on the determination and whether the committee intends to pursue further action. Migliore was also invited to respond to Duncan’s supplemental protest. A response had not been received as of publication.
Johnstown Republic will update this report if the recall committee responds or additional information becomes available regarding the petition’s status.
Source: Town of Johnstown, Town Clerk’s October 9, 2026, Recall Petition – Not Sufficient determination.
Editor’s note: Johnstown Republic has redacted residential address information from the published Town Clerk determination. The publication reviewed but has not reproduced Duncan’s supplemental protest because the document contains identifying information about private residents.
