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

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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
I, Judd Choate, hereby certify that my foregoing answers to Defendant Debra Johnson'sFirst Set of Interrogatories Propounded to Scott Gessler as Secretary of State for the State ofColorado are true and complete to the best of my knowledge, information, and belief.Director, Division of ElectionsColorado Department of State1700 Broadway, Suite 270Denver, Colorado 802902012.Subscribed and sworn before me by Judd Choate on thisfL{ifL day of February,COUNTY OF DENVERSTATE OF COLORADO)))[SEAL]Notary Public:~, ~f:rh..~~My Commission Expires: /- d-01.0 f (o/18Exhibit 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 and 44: INTERROGATORY NO.lO: Describe all c
Page 45: INTERROGATORY N0.12: State the date
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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