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 Stecklein. Ms. Stecklein 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 Denver Elections Division, on September 12, 2011.During that conversation, Ms. Rudy was advised that Denver County intended to mail ballots toelectors whose records were marked "inactive- failed to vote" for 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 Denver 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 Denver Elections Director,who advised Ms. Rudy that Denver County's interpretation differed from the Secretary's and thatthe county would be mailing the ballots as plannedJudd Choate was informed September 12, 2011 when Hilary Rudy brought the matter tohis attention. Then, on September 14,2011, prior to and during breaks in interviews for theDenver 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 before the 2011 coordinated elections requiringballots to be mailed to inactive-failed to vote electors, as well as the effect that Denver's decisionwould have on the uniform application of election laws.Judd Choate, Wayne Munster, Hilary Rudy, and Vicky Stecklein supplied theinformation 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 for 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 information and answers to Interrogatory No. 11.11Exhibit A
INTERROGATORY N0.12: State the date upon which you first learned or becameaware that the Denver County Clerk and Recorder planned to mail ballots to inactive failed tovote electors of the City and County of Denver for the Election and explain how you becameaware of this.Secretary's answer: See answer to Interrogatory No. 10.INTERROGATORY N0.13: Describe all meetings or discussions whether internal orotherwise, where the mailing of ballots to inactive failed to vote electors by the Denver Clerkand Recorder was discussed and include who discussed it, what was discussed, and where it wasdiscussed.Objection: Interrogatory No. 13 requests information subject to the attorney-clientprivilege. The Secretary also objects on the ground that Interrogatory No. 13 is not relevant tothe subject matter of the pending action and is not reasonably calculated to lead to the discoveryof admissible evidence. Interrogatory No. 13 also is overbroad and unduly burdensome. Therequest includes all "discussions" with anyone, such as the press or a citizen, who may havemade any inquiry.Secretary's answer: Subject to and without waiving the objection, the Secretaryresponds as follows. Division staff met in the Department offices on September 12,2011 anddiscussed Denver County's stated plan to mail ballots to electors whose records were markedinactive - failed to vote. These meetings included only Elections Division staff. Division staff,namely Judd Choate, Wayne Munster, and Hilary Rudy, briefed the Secretary and other membersof the administration later that afternoon. Also, see answers to Interrogatories Nos. 10-12.13.Judd Choate and Hilary Rudy supplied the information and answers to Interrogatory No.INTERROGATORY NO. 14: Describe all communications and/or Documents issuedfrom or received by the Secretary of State regarding the mailing of ballots to inactive failed tovote electors by the Denver County Clerk and Recorder or any other County Clerks andRecorder, including communications to any elected officials in the State of Colorado.Objection: Interrogatory No. 14 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. 14 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 affirmative defensesraised by Defendant Johnson are unique to Denver County.Interrogatory No. 14 seeks information regarding the communications or documentsissued or received by the Secretary regarding the mailing of ballots to voters designated as12Exhibit A
Page 1 and 2: DISTRICT COURT, CITY AND COUNTY OF
Page 3 and 4: • Clerk Johnson contests the Secr
Page 5 and 6: 11. The fact that the form included
Page 7 and 8: 26. The Secretary does not dispute
Page 9 and 10: Colo. Const. art. XX, § 6(d).The p
Page 11 and 12: Code. Section 1-1-107(1)(a)-(c), C.
Page 13 and 14: county. Absent evidence of State Bo
Page 15 and 16: federal law “includes not only a
Page 17 and 18: County Commissioners v. Fifty-first
Page 19 and 20: Election officials must mail a vote
Page 21 and 22: Electors who are designated as “i
Page 23 and 24: voter information card to a registe
Page 25 and 26: the history of election laws plainl
Page 27 and 28: stated, “‘An inference drawn fr
Page 29 and 30: ules because Denver has adopted the
Page 31 and 32: THE SECRETARY IS ENTITLED TO AN INJ
Page 33 and 34: purging procedure and in our view i
Page 35 and 36: You go back to the legislature. You
Page 37 and 38: CERTIFICATE OF SERVICEThis is to ce
Page 39 and 40: :.INTERROGATORY N0.1: Identify the
Page 41 and 42: (.electors would be mailed ballots
Page 43: INTERROGATORY NO.lO: Describe all c
Page 47 and 48: I, Judd Choate, hereby certify that
Page 49 and 50: I. Hilary Rudy, hereby certify that
Page 51 and 52: I, Ben Schier, hereby certify that
Page 53 and 54: 1742EFILED DocumentEFILED CO Denver
Page 55 and 56: 1744 Elections Cb. 374PRECINCT BOUN
Page 57 and 58: a political subdivision must use a
Page 59 and 60: 1 the genClal election. In the cass
Page 61 and 62: s1 eligible eleetot. except an elec
Page 63 and 64: SECTION L In Colorado Revised Statu
Page 65 and 66: t;nr·'•1'I~ .,2345678910II121314
Page 67 and 68: STATE OFCOLORADODepartment of State
Page 69 and 70: MAY NOT HAVE ACCESS TO CONFIDENTIAL
Page 71 and 72: must complete a VOTER ASSISTANCE FO
Page 73 and 74: Amendments to Rule 12.4.l(b)(2):New
Page 75 and 76: WITH THE DEADLINES IN SECTION 1-8.3
Page 77 and 78: 26.13.2 THE COUNTY CLERK. AND RECOR
Page 79 and 80: (L)(M)A VALID VETERAN IDENTIFICATIO
Page 81 and 82: (C)REQUESTING NEW LOGS OR REPORTS T
Page 83 and 84: 41.68.2 The CANVASS BOARD MUST USE
Page 85 and 86: 42.1 1 .2 If the designated electio
Page 87 and 88: STATE OFCOLORADODepartment of State
Page 89 and 90: inactive - failed to vote electors
Page 91 and 92: 4. Section l-8-115(5)(d), C.RS., (2

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