13.07.2015 Views

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

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

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ules because <strong>Denver</strong> has adopted the Uni<strong>for</strong>m Election Code, which requires counties to complywith the rules and orders of the Secretary. Section 1-1-110(1).For these reasons, the Secretary is entitled to an order that mail ballots may not be sent tovoters who are designated as “inactive-failed to vote” and that the county election officials donot retain the discretion to mail ballots to such voters.IV. THE SECRETARY’S INTERPRETATION DOES NOT CONTRADICT THEUNIFORM MILITARY AND OVERSEAS VOTERS ACT.Clerk Johnson also contends that the clerks must send ballots to all voters under theUni<strong>for</strong>m Military and Overseas Voters Act (UMOVA). (Clerk Johnson’s Motion <strong>for</strong> SummaryJudgment, p. 21) The Secretary contends that the clerks may send a ballot to a voter underUMOVA only when the voter applies <strong>for</strong> a ballot. 2The usual rules of statutory construction apply to UMOVA. See pages 18-19 of the Brief.UMOVA defines “covered voter” to mean:(1) a uni<strong>for</strong>med-service voter “who is a <strong>Colorado</strong> resident but who is absent from thestate by reason of active duty and who otherwise satisfies this state’s voter eligibilityrequirements”;(2) an “overseas voter, who be<strong>for</strong>e leaving the United <strong>St</strong>ates, was last eligible to vote inthis state, and except <strong>for</strong> a state residency requirement, otherwise satisfies this state’s votereligibility requirements”;2 The Secretary did not raise this issue against Clerk Johnson, and she did not raise it in acounterclaim. However, the Secretary will address the issue because it was addressed by ClerkJohnson in her Motion and by the Clerk and Recorder <strong>for</strong> Pueblo County.29

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