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

INTERROGATORY NO.lO: Describe all communications and/or Documents youprovided to County Clerks and Recorders or any other individuals or organizations concerningthe mailing of ballots to eligible electors, or inactive failed to vote electors for the Election.Objection: Interrogatory No. 10 is not relevant to the subject matter of the pendingaction and is not reasonably calculated to lead to the discovery of admissible evidence.Interrogatory No. 10 also is overbroad and unduly burdensome. The issue in this case isprimarily a legal issue: whether Colorado law precludes counties from sending ballots in a mailballot election to voters who are designated as "inactive-failed to vote." The afftnnative defensesraised by Defendant Johnson are unique to Denver County. Interrogatory No. 10 seeksinformation regarding communications or documents provided to "any other individuals ororganizations." This category includes all citizens or entities that may have made any inquiryabout mail ballot elections. For example, the interrogatory includes any inquiry about thelocation of vote centers or the deadlines for submitting ballots by mail.Secretary's answer: Subject to and without waiving the objection, the Secretarysubmits the following answer. The SCORE Customer Support team developed and provided aMail Ballot Election Setup Checklist that was reviewed and updated prior to state and localdistrict ballot certification to counties. The checklist specifies that counties should includeelectors whose records are marked inactive - failed to vote only in primary mail ballot elections.The team began monitoring county election management setup activity in SCORE two days priorto ballot certification by the state. On August 31, 2011 the SCORE data analyst, Kathy Overman,provided the team with a list of counties that had set up the election vote method in the electionmanagement module (i.e., polling place, vote center, mail ballot). Ms. Overman also sent theteam an email listing counties that set up the election method as mail ballot and had also selectedthe flag to include inactive - failed to vote electors in the election. When the inactive - failed tovote flag is selected in the election setup, the system automatically includes these electors in theelection and prepares to issue and mail ballots once the county completes the "generate ballots"step.Counties in this initial list included Baca, Denver, Mesa, Montrose and Pueblo. OnAugust 31,2011, the customer support supex:visor, Vicky Stecklein, asked team members tocontact these counties to advise them that they must have mistakenly selected the flag to includeinactive- failed to vote electors. The team conducted these early communications to allowcounties to de-select the flag prior to generating and issuing ballots. Josh Johnson called the fiveidentified counties on August 31, 2011. Baca, Mesa, and Montrose indicated they would removethe flag before generating ballots. Denver and Pueblo confirmed they intended to mail ballots toinactive- failed to vote electors. Following the telephone conversations, Mr. Johnson emailedMs. Stecklein to confirm that he had spoken with the counties.When Mr. Johnson called Denver County he spoke with Vic Richardson. Mr. Johnsonasked Mr. Richardson if he was aware that the flag had been selected and Mr. Richardson10Exhibit A