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 ...
•DISTRICTCOURT, CITY AND COUNTYOF DENVER, COLORADO1437 Bannock St.Denver, Colorado 80202SCOTT GESSLER, IN HIS OFFICIAL CAP A CITY ASSECRETARY OF STATE FOR THE STATE OFCOLORADO,Plaintiff,v.DEBRA JOHNSON, IN HER OFFICIAL CAPACITY ASTHE CLERK AND RECORDER FOR THE CITY ANDCOUNTY OF DENVERDefendant,COLORADO COMMON CAUSE and GILBERT ORTIZ,in his official capacity as the Clerk and Recorder for theCounty of PuebloFeb 14 2012EFILED Document6:36PMCO Denver County District Court 2nd JDFiling Date: Dec 07 2012 02:02PM MSTFiling ID: 48251115Review Clerk: Sean McGowanIntervenors-Defendants.JOHN W. SUTHERS, Attorney GeneralMAURICE G. K.NAIZER, Deputy Attorney General* Reg.No. 05264LEEANN MORRILL, Assistant Attorney General* Reg.No. 387421525 Shennan Street, 7th FloorDenver, CO 80203Telephone: (303) 866-5380FAX: (303) 866-5671E-Mail: maurie.knaizer@state.co. usleeann.morrill@state.co.us*Counsel ofRecord... COURT USE ONLY ...Case No. 11CV6588Courtroom: 203SECRETARY'S ANSWERS TO FIRST SET OFINTERROGATORIES PROPOUNDED BY DEBRA JOHNSONScott Gessler, in his official capacity as the Secretary of State for the State of Colorado(hereinafter "the Secretary'') hereby submits his Answers to Interrogatories Propounded byDebra Johnson.Exhibit A
:.INTERROGATORY N0.1: Identify the person who answers these Interrogatories,and if more than one person supplies the information or answers these Interrogatories, pleasestate the person who answered which portion of each Interrogatory.. Objection: Interrogatory No. 1 is unduly burdensome to the extent that it requires theSecretary to state the person who answered which portion of an Interrogatory when more thanone person supplied the information or answer to the Interrogatory.Secretary's answer: Subject to and without waiving the objection, the Secretarysubmits the following answer. Each answer to Interrogatories Nos. 3-26 identifies the person orpersons who supplied the information or answers to the Interrogatory.INTERROGATORY NO.2: State the names and addresses of all persons who have orclaim to have any information concerning the fact relevant to this litigation and state in completedetail the substance and nature of such information.Objection: Interrogatory No. 2 is overbroad and unduly burdensome to the extent itseeks information relevant to claims, issues and counterclaims in this litigation raised bydefendants- intervenors Ortiz and Common Cause. Defendant Johnson is not entitled to seekdiscovery on claims, issues or counterclaims that are unique to these other parties. In addition,the Secretary objects to the extent that the Interrogatory seeks information subject to theattorney-client privilege.Secretary's answer: Subject to and without waiving the objection, the Secretarysubmits the following answer. The following employees have information relevant to the claimsmade by the Secretary against Defendant Johnson and the defenses raised by Defendant Johnson:Judd Choate, Wayne Munster, Hilary Rudy, Vicky Stecklein, Ben Schier, Richard Coolidge,Andrew Cole, William Hobbs, Gary Zimmerman, and Secretary of State Scott Gessler. Thebusiness office for each is 1700 Broadway, Denver, Colorado 80202. In addition, DefendantJohnson and members of her staff have information relevant to this litigation. The information isset forth in the answers to these interrogatories.INTERROGATORY NO. 3: Describe the processes, steps, or actions you took tosupervise pre-election practices related to or concerning the conduct of the Election including butnot limited to processes, procedures, or other actions related to or concerning the conduct of theElection as a mail ballot election.Objection: Interrogatory No. 3 is overbroad and unduly burdensome to the extent that itseeks information about practices related to all aspects of the conduct of the Election, as defmedin the interrogatories. The Secretary's claims against Defendant Johnson and DefendantJohnson's defenses relate solely to actions taken by the Secretary and Defendant Johnson withregard to the Secretary's interpretation of statutes and rules governing the mailing of ballots inmail ballot elections to voters who are designated as "inactive failed to vote." The Interrogatory2Exhibit A
- 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 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: CERTIFICATE OF SERVICEThis is to ce
- 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
- Page 77 and 78: 26.13.2 THE COUNTY CLERK. AND RECOR
- Page 79 and 80: (L)(M)A VALID VETERAN IDENTIFICATIO
- Page 81 and 82: (C)REQUESTING NEW LOGS OR REPORTS T
- Page 83 and 84: 41.68.2 The CANVASS BOARD MUST USE
- Page 85 and 86: 42.1 1 .2 If the designated electio
- Page 87 and 88: STATE OFCOLORADODepartment of State
•DISTRICTCOURT, CITY AND COUNTYOF DENVER, COLORADO<strong>1437</strong> <strong>Bannock</strong> <strong>St</strong>.<strong>Denver</strong>, <strong>Colorado</strong> <strong>80202</strong>SCOTT GESSLER, IN HIS OFFICIAL CAP A CITY ASSECRETARY OF STATE FOR THE STATE OFCOLORADO,Plaintiff,v.DEBRA JOHNSON, IN HER OFFICIAL CAPACITY ASTHE CLERK AND RECORDER FOR THE CITY ANDCOUNTY OF DENVERDefendant,COLORADO COMMON CAUSE and GILBERT ORTIZ,in his official capacity as the Clerk and Recorder <strong>for</strong> theCounty of PuebloFeb 14 2012EFILED Document6:36PMCO <strong>Denver</strong> County District Court 2nd JDFiling Date: Dec 07 2012 02:02PM MSTFiling ID: 48251115Review Clerk: Sean McGowanIntervenors-Defendants.JOHN W. SUTHERS, Attorney GeneralMAURICE G. K.NAIZER, Deputy Attorney General* Reg.No. 05264LEEANN MORRILL, Assistant Attorney General* Reg.No. 387421525 Shennan <strong>St</strong>reet, 7th Floor<strong>Denver</strong>, CO 80203Telephone: (303) 866-5380FAX: (303) 866-5671E-Mail: maurie.knaizer@state.co. usleeann.morrill@state.co.us*Counsel ofRecord... COURT USE ONLY ...Case No. 11CV6588Courtroom: 203SECRETARY'S ANSWERS TO FIRST SET OFINTERROGATORIES PROPOUNDED BY DEBRA JOHNSONScott Gessler, in his official capacity as the Secretary of <strong>St</strong>ate <strong>for</strong> the <strong>St</strong>ate of <strong>Colorado</strong>(hereinafter "the Secretary'') hereby submits his Answers to Interrogatories Propounded byDebra Johnson.Exhibit A
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