1437 Bannock St . Denver , Colorado 80202 - Brennan Center for ...
1437 Bannock St . Denver , Colorado 80202 - Brennan Center for ... 1437 Bannock St . Denver , Colorado 80202 - Brennan Center for ...
Prior to 1967, almost all responsibility for the day-to-day operation of elections restedwith county officials. Under Colorado’s territorial laws, primary responsibility for electionsrested with county officials. When Colorado was a territory, the county sheriff and the countycommissioners assumed primary roles in implementing and conducting elections. R.S. 1868,chap. XXVIII, §§ 10, 11, 12 (secretary of the territory must give notice of elections to countysheriff); § 13 (Sheriff shall order special elections for county officials, and the order shall becountersigned by board of county commissioners); § 15 (county commissioners establishprecincts); § 16 (county commissioners appoint election judges); § 29 (local constablesresponsible for ensuring order at polling places); § 30 (county clerks register electors); § 32(county clerk opens returns); § 33 (county clerks make abstracts of votes).In 1967, the General Assembly gave the Secretary supervisory responsibility forstatewide elections. The Secretary was empowered to “supervise the conduct of primary, generaland special elections,” to enforce the provisions of the Election Code, to inspect and review thepractices of local election officials and to bring injunctive action to enforce the provisions of theElection Code. Section 49-1-11, C.R.S. (1967 Supp.) As an adjunct to these new powers, countyclerks were required to consult with the Secretary when implementing the provisions of theElection Code. Section 49-1-7, C.R.S. (1967 Supp.).These provisions presently are codified at § § 1-1-107 and -110, C.R.S. (2012). TheSecretary has broad duties and powers under the Election Code. His duties include (1) “[t]osupervise the conduct of primary, general, congressional vacancy and statewide ballot issueelections”; (2) enforcement of the Election Code, including mail ballot election conducted undertitle 1, article 7.5 of the Election Code; and (3) rendering uniform interpretations of the Election10
Code. Section 1-1-107(1)(a)-(c), C.R.S. (2012) His powers include (1) reviewing the practicesand procedures of the county clerks and recorders; and (2) enforcing of the Election Code byseeking injunctive relief. Section 1-1-107(1)(2)(b)-(c).The Election Code is denominated the “Uniform Election Code of 1992.” As the word“uniform” connotes, the election statutes must be implemented consistently throughout the state.The Election Code achieves this goal by giving the Secretary the power to supervise electionpractices. The word “supervise” means more than recommend or suggest. It means “tocoordinate, direct and inspect continuously and at first hand the accomplishment of: oversee withthe powers of direction and decision the implementation of one’s own or another’s intentions.”Webster’s Third New International Dictionary (Unabridged) 2296The Election Code subordinates county clerks to the Secretary for purposes ofimplementing the Election Code. County clerks and recorders, “in rendering decisions andinterpretations under this code, shall consult with the secretary of state and follow the rules andorders promulgated by the secretary of state pursuant to this code.” (Emphasis added.) Section 1-1-110(1), C.R.S. (2012). For purposes of this lawsuit, the language in the Mail Ballot ElectionAct reaffirms the subordinate role of the county clerks. The Secretary “supervise[s] the conductof mail ballot elections…” Section 1-7.5-106(1)(c), C.R.S. (2012) The county clerks “shallconduct any election for the political subdivision by mail ballot under the supervision of thesecretary of state and shall be subject to rules which shall be promulgated by the secretary ofstate.” Section 1-7.5-104(1), C.R.S. (2012) (Emphasis added.) Under the Colorado ElectionCode, county clerks and other election officials are subordinate to the Secretary.11
- Page 1 and 2: DISTRICT COURT, CITY AND COUNTY OF
- Page 3 and 4: • Clerk Johnson contests the Secr
- Page 5 and 6: 11. The fact that the form included
- Page 7 and 8: 26. The Secretary does not dispute
- Page 9: Colo. Const. art. XX, § 6(d).The p
- Page 13 and 14: county. Absent evidence of State Bo
- Page 15 and 16: federal law “includes not only a
- Page 17 and 18: County Commissioners v. Fifty-first
- Page 19 and 20: Election officials must mail a vote
- Page 21 and 22: Electors who are designated as “i
- Page 23 and 24: voter information card to a registe
- Page 25 and 26: the history of election laws plainl
- Page 27 and 28: stated, “‘An inference drawn fr
- Page 29 and 30: ules because Denver has adopted the
- Page 31 and 32: THE SECRETARY IS ENTITLED TO AN INJ
- Page 33 and 34: purging procedure and in our view i
- Page 35 and 36: You go back to the legislature. You
- Page 37 and 38: CERTIFICATE OF SERVICEThis is to ce
- Page 39 and 40: :.INTERROGATORY N0.1: Identify the
- Page 41 and 42: (.electors would be mailed ballots
- Page 43 and 44: INTERROGATORY NO.lO: Describe all c
- Page 45 and 46: INTERROGATORY N0.12: State the date
- Page 47 and 48: I, Judd Choate, hereby certify that
- Page 49 and 50: I. Hilary Rudy, hereby certify that
- Page 51 and 52: I, Ben Schier, hereby certify that
- Page 53 and 54: 1742EFILED DocumentEFILED CO Denver
- Page 55 and 56: 1744 Elections Cb. 374PRECINCT BOUN
- Page 57 and 58: a political subdivision must use a
- Page 59 and 60: 1 the genClal election. In the cass
Code. Section 1-1-107(1)(a)-(c), C.R.S. (2012) His powers include (1) reviewing the practicesand procedures of the county clerks and recorders; and (2) en<strong>for</strong>cing of the Election Code byseeking injunctive relief. Section 1-1-107(1)(2)(b)-(c).The Election Code is denominated the “Uni<strong>for</strong>m Election Code of 1992.” As the word“uni<strong>for</strong>m” connotes, the election statutes must be implemented consistently throughout the state.The Election Code achieves this goal by giving the Secretary the power to supervise electionpractices. The word “supervise” means more than recommend or suggest. It means “tocoordinate, direct and inspect continuously and at first hand the accomplishment of: oversee withthe powers of direction and decision the implementation of one’s own or another’s intentions.”Webster’s Third New International Dictionary (Unabridged) 2296The Election Code subordinates county clerks to the Secretary <strong>for</strong> purposes ofimplementing the Election Code. County clerks and recorders, “in rendering decisions andinterpretations under this code, shall consult with the secretary of state and follow the rules andorders promulgated by the secretary of state pursuant to this code.” (Emphasis added.) Section 1-1-110(1), C.R.S. (2012). For purposes of this lawsuit, the language in the Mail Ballot ElectionAct reaffirms the subordinate role of the county clerks. The Secretary “supervise[s] the conductof mail ballot elections…” Section 1-7.5-106(1)(c), C.R.S. (2012) The county clerks “shallconduct any election <strong>for</strong> the political subdivision by mail ballot under the supervision of thesecretary of state and shall be subject to rules which shall be promulgated by the secretary ofstate.” Section 1-7.5-104(1), C.R.S. (2012) (Emphasis added.) Under the <strong>Colorado</strong> ElectionCode, county clerks and other election officials are subordinate to the Secretary.11
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