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

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C.R.S. (2012). A voter information card is a postcard mailing that advises an elector ofthe elector’s registration status, precinct number and polling location. It includes areturnable portion allowing the elector to update the elector’s voter registration record.Section 1-5-206(1)(b), C.R.S. (2012).• An elector whose record is marked “Inactive-Failed to Vote” is registered and eligible tovote in an election. However, the election official does not automatically mail a ballot tosuch an elector, except in primary elections. Section 1-7.5-107(3), C.R.S. (2012); Rules2.20.2.c and 12.11.4, 8 CCR 1505-1.• An elector who is categorized as “Inactive-Failed to Vote” may vote at a mail ballotelection. The elector may receive a ballot by mail if he takes one of several actions. Theelector may update the voter registration record prior to casting a ballot. Section 1-7.5-107(3); Rule 12.11 The elector may update the information by voting at the polls, byapplying for a mail-in ballot, or completing a voter information card. Section 1-2-605(4),C.R.S. (2012); Rule 12.11. The elector also may update the information in the voterregistration record in person, on-line at the Secretary of State’s website(govotecolorado.com) or by mail. Sections 1-2-605(4) and 1-7.5-107(3) (c), C.R.S.(2012); Rules 2.11 and 12.11.• An elector who is designated as “Inactive-failed to vote” may vote at a mail ballotelection even if the elector does not update his registration prior to the election. Electionofficials must make ballots available for electors who are designated as “Inactive-failedto vote” at the county elections office and at designated service centers or walk-in votinglocations beginning 22 days before a mail ballot election. Section 1-7.5-107(3) (c),C.R.S. (2012).20
Electors who are designated as “inactive failed to vote” become active if they timelyrespond to any of the aforementioned notices, take any action to update their registration, or vote.Electors retain their status as “inactive-failed to vote” because they did not vote in the priorgeneral election and failed to heed repeated notifications of inactive status.Electors who are designated as “inactive-failed to vote” can vote in a mail ballot election.They can receive a mail ballot if they timely update their registration or they can vote in person.iii.The Statutory Language Supports the Conclusion that the Clerks May NotSend Mail Ballots To Electors Designated as “Inactive-failed to vote.”Clerk Johnson contends that the counties may, in their discretion, mail ballots to voterswho are categorized as “inactive-failed to vote.” (Clerk Johnson’s Answer, Affirmative Defense, 6; Clerk Johnson’s Response in Opposition to Motion for Preliminary Injunction, pp. 11-15;Common Cause Amended Answer and Counterclaim, 56-57; Clerk Johnson’s Motion forSummary Judgment, pp. 15-21)) The Secretary contends that the counties may not send mailballots to electors designated “inactive-failed to vote.”When construing a statute, the courts “afford the words of the statute their ordinary andcommon meaning and construe the statutory provisions as a whole, giving effect to the entiretyof the statute.” Lombard v. Colorado Outdoor Education Center, Inc., 187 P.3d 565, 570 (Colo.2008). If the language is ambiguous or unclear, the courts will “consider the statute’s legislativehistory, the state of the law prior to the enactment, the problem addressed and the statutoryremedy.” Id. “When the legislature speaks with exactitude, [the court] must construe the statuteto mean that the inclusion or specification of a particular set of conditions necessarily excludesothers.” Lunsford v. Western States Life Insurance, 908 P. 2d 79, 84 (Colo. 1995).21
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 and 10: Colo. Const. art. XX, § 6(d).The p
Page 11 and 12: Code. Section 1-1-107(1)(a)-(c), C.
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: Election officials must mail a vote
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
Page 61 and 62: s1 eligible eleetot. except an elec
Page 63 and 64: SECTION L In Colorado Revised Statu
Page 65 and 66: t;nr·'•1'I~ .,2345678910II121314
Page 67 and 68: STATE OFCOLORADODepartment of State
Page 69 and 70: MAY NOT HAVE ACCESS TO CONFIDENTIAL
Page 71 and 72:
must complete a VOTER ASSISTANCE FO
Page 73 and 74:
Amendments to Rule 12.4.l(b)(2):New
Page 75 and 76:
WITH THE DEADLINES IN SECTION 1-8.3
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26.13.2 THE COUNTY CLERK. AND RECOR
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(L)(M)A VALID VETERAN IDENTIFICATIO
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(C)REQUESTING NEW LOGS OR REPORTS T
Page 83 and 84:
41.68.2 The CANVASS BOARD MUST USE
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42.1 1 .2 If the designated electio
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STATE OFCOLORADODepartment of State
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inactive - failed to vote electors
Page 91 and 92:
4. Section l-8-115(5)(d), C.RS., (2
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