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•thatthe number provided by Denver included both active and inactive electors. All active and allinactive electors are eligible to vote in the election. The mail ballot plan designates mail as aballot delivery system; however, it also designates several other methods of obtaining a ballotand voting in the election. In section 8 of the plan, counties must list the address and hours of allof the drop-off locations in the county where electors can deliver their voted ballot. In section 9,counties must list the ~ddress and hours of all walk-in voting locations (or service centers) thatwill be open. At these locations, any registered elector can obtain and vote a ballot or vote onaccessible equipment. Sections 10 and 11 require counties to outline the number of accessiblepieces of equipment that will be available as well as the dates and hours the equipment will beavailable, -and section 16 outlines the procedures for ensuring the equipment's security.In section 5, Denver indicated by checking the appropriate box that it would "mail toeach active registered elector a mail ballot packet." Denver did not indicate in section 5, oranywhere else in the plan, that the county intended to mail ballot packets to electors marked as"Inactive-Failed to Vote." Because Denver had fully completed Section 5 and all other sectionsof the mail ballot plan, Secretary's staff concluded that the plan complied with Article 7.5 ofTitle 1, C.R.S., and Election Rule 12.After review of the mail ballot plan was complete, another Secretary of State staffmember reviewed Denver's proposed secrecy sleeve, return envelope, and voter instructions anddetermined that they complied with statute and rule. Upon determining that Denver's plan, on itsface, complied with statute and rule, the Secretary of State sent a letter approving Denver's planon Thursday, September 15, 2011.Hilary Rudy and Ben Schier supplied the information and answers to Interrogatory No. 4.INTERROGATORY NO. S: Describe the processes, steps, or actions youtook to review and approve or disapprove written mail ballot plans submitted by other CountyClerk and Recorders to conduct the Election as a mail ballot election.Objeetion: Interrogatory No. 5 is not relevant to the subject matter of the pending actionand is not reasonably calculated to lead to the discovery of admissible evidence. InterrogatoryNo. 5 also is overbroad and unduly burdensome. Fifty-nine other counties submitted mail ballotplans. The issue in this case is primarily a legal issue: whether Colorado law precludes countiesfrom sending ballots in a mail ballot election to voters who are designated as "inactive-failed tovote." The affirmative defenses raised by Defendant Johnson are unique to Denver County.Secretary's answer: Subject to and without waiving the objection, the Secretaryresponds as follows. In addition to the plan submitted by Denver, the Secretary's office received59 mail ballot plans for the November 2011 election. In general, the Secretary's staff followedthe same procedure to review the plans submitted by each of the other 59 counties as it used toreview Denver's plan.5Exhibit A