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

failed to vote” electors. Moreover, any implication that mail ballots could be sent tosuch voters has been superseded by the filing of this lawsuit and promulgation ofrules.5. The Secretary does not dispute that Clerk Johnson and her staff consulted variouselection statutes, regulations and other materials.6. The Secretary disputes the allegation that his staff implicitly authorized ClerkJohnson to mail ballots to “inactive-failed to vote” electors. (See Secretary’s Answersto First Set of Interrogatories Propounded by Debra Johnson, (hereinafter “Answer”),Answer to Interrogatory, No. 10, attached as Ex. A)7. The Secretary disputes the allegation. The Mail Ballot Election Checklist dated June10, 2010 was the checklist used in the 2010 primary election. In a primary election,counties are required to mail ballots to electors whose records are marked “inactivefailedto vote.” The Secretary issued a checklist that was updated prior to the filingdeadline for the November 2011 election. The checklist did not include instructions tocheck the box to include “inactive-failed to vote records. (Ex. A, Answer, No 3)8. The Secretary disputes the allegation. The reference to the Answer does notaccurately reflect its content. The Secretary’s Answer discusses only the approval ofthe written plan on September 15, 2011. It does not discuss a review of Denver’s datasubmission or SCORE plans.9. Whether the Clerk completed the process of pulling voters from the SCORE system isnot a material fact.10. The Secretary agrees that the Clerk submitted its written mail ballot plan onSeptember 7, 2011.4