13.07.2015 Views

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 ...

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

the history of election laws plainly discloses, the legislature consolidated supervision anden<strong>for</strong>cement of election laws under the Secretary in order to achieve uni<strong>for</strong>mity throughout thestate. The defendants’ interpretation undermines the purpose of the consolidation.Clerk Johnson argues that the legislative declaration in 1-7.5-102, C.R.S. (2012) supportsher broad interpretation. (Clerk Johnson’s Summary Judgment Motion, p. 16) This argumentignores specific narrowing language within the legislative declaration:The general assembly hereby finds, determines, and declares thatself-government by election is more legitimate and better acceptedas voter participation increases. By enacting this article, thegeneral assembly concludes that it is appropriate to provide <strong>for</strong>mail ballot elections under specified circumstances.Section 1-7.5-102. (Emphasis added) The legislative declaration does not establish an intent tomail ballots to all registered voters. Instead, the intent is to mail ballots only under thecircumstances specifically mentioned in the statute.Nor does the Secretary’s interpretation violate the declaration in § 1-1-103(1). (Clerk’sMotion, p. 19). This section states that the “code shall be liberally construed so that all eligiblevoters may be permitted to vote.” The Secretary’s interpretation is consistent with thedeclaration. Voters who are designated as inactive-failed to vote may vote in person at theclerk’s office or at a place designated by the clerk, or may receive and vote a mail ballot byapplying <strong>for</strong> a ballot, completing and returning a voter in<strong>for</strong>mation card, or updating their voterregistration record. § 1-7.5-107(3)(c), C.R.S. (2012); § 1-2-605(4), C.R.S. (2012).iv.The Demise of H.B. 12-1267 Supports the Secretary’s Interpretation.Actions taken in the 2012 in the <strong>Colorado</strong> General Assembly also confirm the Secretary’sanalysis. In interpreting a statute, the court may look to the legislature’s failure to amend an act25

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!