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

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esponded that he was aware. Mr. Johnson then asked if the flag was selected on purpose and Mr.Richardson responded that they had intentionally selected the flag. Mr. Richardson then asked ifthe flag should not have been selected, and Mr. Johnson communicated that he was unable toanswer that question as it was a policy question but that he would escalate the matter to hissupervisor, Vicky <strong>St</strong>ecklein. Ms. <strong>St</strong>ecklein then advised the management team of theconversation.Hilary Rudy was conferenced into a discussion between the SCORE customer supportstaff and Amanda Hill, an employee of the <strong>Denver</strong> Elections Division, on September 12, 2011.During that conversation, Ms. Rudy was advised that <strong>Denver</strong> County intended to mail ballots toelectors whose records were marked "inactive- failed to vote" <strong>for</strong> the November 2011 election.She advised Ms. Hill, that it was the Secretary's interpretation of the Mail Ballot Election Actthat ballots are mailed only to active electors in a coordinated or nonpartisan mail ballot electionand that all inactive electors could receive a ballot upon request. Ms. Hill stated that herinstructions were to mail ballots to all electors whose records were marked "active" and "inactive- failed to vote." At that time, Ms. Rudy asked Ms. Hill to advise the <strong>Denver</strong> Elections Directorof the conversation and requested that the Director give Ms. Rudy a call to discuss the issue. OnSeptember 14, 2011, Ms. Rudy spoke with Amber McReynolds, the <strong>Denver</strong> Elections Director,who advised Ms. Rudy that <strong>Denver</strong> County's interpretation differed from the Secretary's and thatthe county would be mailing the ballots as plannedJudd Choate was in<strong>for</strong>med September 12, 2011 when Hilary Rudy brought the matter tohis attention. Then, on September 14,2011, prior to and during breaks in interviews <strong>for</strong> the<strong>Denver</strong> Elections Director position, Debra Johnson, Pam Anderson, and Judd Choate spoke atlength about the legality of sending ballots to inactive - failed to vote electors. These individualsdiscussed the origins of the law that sunsetted be<strong>for</strong>e the 2011 coordinated elections requiringballots to be mailed to inactive-failed to vote electors, as well as the effect that <strong>Denver</strong>'s decisionwould have on the uni<strong>for</strong>m application of election laws.Judd Choate, Wayne Munster, Hilary Rudy, and Vicky <strong>St</strong>ecklein supplied thein<strong>for</strong>mation and answers to Interrogatory No. 10.INTERROGATORY NO.ll: What is the legal effect ofthe Secretary's approval ordisapproval of an election official's written plan <strong>for</strong> conducting a mail ballot election?Secretary's answer: The Secretary's approval of a mail ballot plan means that theSecretary has determined that the plan complies with the provisions of Article 7.5 of Title 1,C.R.S. The Secretary's disapproval of a mail ballot plan means that the plan does not complywith the provisions of Article 7.5 of Title 1, C.R.S., and cannot be applied until it is corrected tocomply with the provisions of Article 7.5 of Title 1, C.R.S.Judd Choate supplied the in<strong>for</strong>mation and answers to Interrogatory No. 11.11Exhibit A

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