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1437 Bannock St . Denver , Colorado 80202 - Brennan Center for ...

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Clerk Johnson argues that the court must ignore the common definition of the word“supervise.” (Clerk’s Motion <strong>for</strong> Summary Judgment p. 11) Her argument ignores basic tenetsof statutory construction. Words should be given their commonly-accepted meaning. Klinger v.Adams County School Dist. No. 50, 130 P.3d 1027, 1031 (Colo. 2006). Courts must avoid astrained construction of language within a statute and must look to the context in which astatutory term is used. Appelhans v. Farmers Ins. Exch., 68 P.3d 594, 597 (Colo. App. 2003).When read in the context of other provisions in the Election Code, the word “supervise”connotes that one who supervises does more than recommend. Section 1-1-107 gives theSecretary the duties (1) “to en<strong>for</strong>ce the provisions of this code”, and (2) “to make uni<strong>for</strong>minterpretations of this code” Section 1-1-107(1)(a) and (b), C.R.S. (2012). The declaration in § 1-1.5-101(1)(h), C.R.S. (2012) states, “[i]n <strong>Colorado</strong>, the secretary of state is the chief electionofficial and, in that capacity is charged by HAVA and existing statutory provisions withresponsibility <strong>for</strong> supervising the conduct of elections and <strong>for</strong> en<strong>for</strong>cing and implementing theprovisions of HAVA and of this code.” (Emphasis added). Moreover, the Mail Ballot Electionstatute at issue clearly establishes the supervisor-supervisee relationship:In addition to other powers prescribed by law, the secretary of statemay adopt rules governing procedures and <strong>for</strong>ms necessary toimplement this article and may appoint the county clerk andrecorder as an agent of the secretary to carry out the dutiesprescribed in this article.Section 1-7.5-106(2), C.R.S. (2012) (emphasis added)Courts have interpreted “supervise” to include en<strong>for</strong>cement. The duty to superviseincludes the “duty to en<strong>for</strong>ce.” Hoyem v. Manhattan Beach City School Dist., 585 P.2d 851, 854(Cal. 1978). For example, a state agency’s duty to “supervise” special education programs under14

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