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

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

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(.electors would be mailed ballots was amended to include a statement in accordance with section1-7.5-108.5(2)(b), C.R.S., that <strong>for</strong> "any mail ballot election to be conducted in November 2009, amail ballot shall be mailed to all registered electors whose registration is marked as 'Inactivefailedto vote.'" The Division created a plan addendum to address legislative changes <strong>for</strong> thosecounties who submitted the plan be<strong>for</strong>e the revised template was available. Division staffprovided training on conducting mail ballot elections and use of the plan template duringregional trainings in the spring of2009. The purpose of the training was to highlight the changeto law requiring ballots to be mailed to inactive- failed to vote electors in the November 2009election, as well as the new template that the counties were asked to use to submit mail ballotplans <strong>for</strong> the November 2009 election.The template was reviewed and updated prior to the filing deadline <strong>for</strong> the November2011 statewide election. In addition, to addressing other legislative changes, the plan templatewas amended to remove the statement in accordance with section 1-7.5-108.5(2)(8), C.R.S. thathad "sunsetted." The statement that <strong>for</strong> "any mail ballot election to be conducted in November2009, a mail ballot shall be mailed to all registered electors whose registration records has beenmarked as 'Inactive-failed to vote"' was deleted from the template.Mail ballot plans <strong>for</strong> the November 2011 coordinated election were due on September 7,2011. Of <strong>Colorado</strong>'s 64 counties, 60 submitted mail ballot plans. <strong>Denver</strong> County submitted itsmail ballot plan by email that was received by the Division at 10:33 p.m. on September 7, 2011.The <strong>Denver</strong> County mail ballot plan was submitted using the standard template. In addition tothe completed mail ballot plan template, <strong>Denver</strong> submitted copies of its proposed secrecy sleeve,return envelope, and voter instructions. The Secretary's office has 15 days from the date ofreceipt to approve or disapprove a mail ballot plan. There<strong>for</strong>e, the office reviews plans in theorder in which they are submitted. Secretary of <strong>St</strong>ate staff began reviewing <strong>Denver</strong>'s plan onFriday September 9, 2011. First, staff examined the plan <strong>for</strong> completeness to make sure <strong>Denver</strong>had not purposefully or mistakenly neglected to fill out one or more sections. When reviewing aplan, if staff identifies missing in<strong>for</strong>mation, it contacts the county to ask <strong>for</strong> a complete plan.Because staff concluded that the plan was complete, <strong>Denver</strong> was not contacted.Next, staff reviewed the content of the plan. There are 21 numbered sections in thetillable mail ballot plan, each of which must be completed by the County. Some sections requirethe county to enter county-specific in<strong>for</strong>mation regarding the conduct of its election, while othersections require the county to check applicable boxes indicating that it will comply with specificprovisions of Title 1, C.R.S., or the Secretary's Election Rules.If staff identifies any issues with the content ofthe plan during review, it contacts thecounty to request amendments and resubmission of the plan. After reviewing <strong>Denver</strong>'s plan, staffdetermined that <strong>Denver</strong> had filled in the appropriate in<strong>for</strong>mation and checked the applicableboxes indicating that it would comply with statute and rule. Specifically, <strong>Denver</strong> indicated insection 5 of the plan that its estimated eligible number of electors would be 288,204. Section 5did not ask counties to separately list active and inactive voters. Secretary of <strong>St</strong>ate staff assumed4Exhibit A

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