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"inactive-failed to vote" by any of the other 59 counties conducting mail ballot elections.Responding to this interrogatory would require review of the all documents sent by or receivedfrom the other 59 counties that conducted mail ballot elections, including those counties thatagreed with the Secretary's interpretation. In addition, the request is not limited in time. Itincludes all elections since the inception of mail ballot elections in the state of Colorado.Secretary's answer: Subject to and without waiving the objection, the Secretaryresponds as follows. On August 31, 2011, customer support team member Josh Johnson calledDenver County and spoke with Vic Richardson. Mr. Johnson asked Mr. Richardson if he wasaware the flag had been selected and Mr. Richardson responded that he was aware. Mr. Johnsonthen asked if the flag was selected on purpose and Mr. Richardson responded that they hadintentionally selected the flag.On Friday, September 2, 2011, The SCORE customer support team emailed the MailBallot Election Setup Checklist to each county. The checklist was reviewed and updated prior tostate and local district ballot certification to counties, and specified that counties should includeelectors whose records are marked inactive - failed to vote only in primary mail ballot elections.On September 16, 20 II, Judd Choate sent a letter to the Denver County Clerk andRecorder ordering her to mail ballots only to active registered electors.Judd Choate and Vicky Stecklein supplied the information and answers to InterrogatoryNo.l4.INTERROGATORY NO. 15: Describe all communications and/or Documents toCounty Clerks and Recorders or any other individuals or organizations stating your orders and/orinterpretations of Section 1-7 .5-107(3)( a )(1).Objection: Interrogatory No. 15 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. 15 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. The interrogatory is not limited tothe 20 II election or to the issues before this court. It seeks information about any matterconcerning mail ballot elections since the inception of the law.Secretary's answer: Subject to and without waiving the objection, the Secretaryresponds as follows. See answer to Interrogatory No. 14.INTERROGATORY NO.l6: Describe all communications and/or Documents toCounty Clerks and Recorders or any other individuals or organizations stating your orders and/orinterpretation of Section 1-8.3-101, et. seq.13Exhibit A