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

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20. The Secretary agrees that the deadline for sending mail ballots to overseas andmilitary voters was September 17, 2011.21. The Secretary is not familiar with the Clerk’s planning process. However, thisinformation is immaterial because the Clerk was informed on September 12, 2012.(Ex. A, Answer No. 10)22. The Secretary disputes this statement. The Secretary issued a Mail Ballot ElectionSet-up checklist specific to the 2011 coordinated election on September 2, 2011. Thislist did not include instructions to check the box to include “inactive-failed to vote.”(Ex. A, Answer, No. 3) The Clerk submitted her plan on a revised form, which didnot include a requirement that mail ballots must be mailed to electors designated as“inactive-failed to vote.” (Ex. A, Answers Nos. 4 and 14)23. The Secretary agrees that Clerk Johnson and Judd Choate conversed and that theSecretary of State’s office construed the laws to mean that ballots could not be sent to“inactive-failed to vote” electors. The Secretary disagrees with the factual statementto the extent it implies that the Clerk had discretion. (Ex. A, Answer, No. 10)24. The Secretary agrees that Clerk Johnson asked for written confirmation. JuddChoate’s letter confirmed the conversation (Ex. A, Answer No. 10) The Secretarydisagrees that prior conversations in any way implied that the Clerk could sendballots to “inactive-failed to vote” electors. Her office was affirmatively informed asearly as September 12, 2011. (Ex. A, Answer No. 10)25. The Secretary disagrees that the Clerk sent mail ballots to UMOVA voters prior tobeing informed of the Secretary’s position. The Clerk was informed as early asSeptember 12, 2011 (Ex. A, Answer No. 10).6
26. The Secretary does not dispute that Mr. Choate did not provide procedures.27. The Secretary does not dispute that Clerk Johnson received the letter on September16, 2011 at 5:58 p.m.28. The Secretary does not dispute the assertion concerning the content of the ballot.29. The Secretary does not dispute that the Clerk is the elected Clerk and Recorder forDenver and that she is the chief elections official for Denver. The statementregarding her authority for matters “pertaining” to municipal elections is a legalconclusion and is not a fact.III ARGUMENTA. IntroductionThe Secretary and Clerk Johnson have three major areas of disagreement.First, the Secretary contends that Clerk Johnson is a subordinate officer under theUniform Election Code. The Clerk must comply with the rules or orders of the Secretary ofState, even if Clerk Johnson disagrees with the Secretary’s instruction or interpretation. ClerkJohnson disagrees with this interpretation and will continue to disregard the Secretary’sinterpretation if she disagrees.Second, the Secretary interprets § 1-7.5-107(3)(a)(I), C.R.S. (2012) to preclude sendingmail ballots to voters who are deemed inactive because they failed to vote at the prior generalelection. Clerk Johnson contends that county clerks retain the discretion to send mail ballots tosuch electors. Clerk Johnson will continue to send mail ballots to voters who are designated as“inactive-failed to vote.”Third, the Secretary interprets § 1-8.3-101, et seq. to preclude the county from sending aballot to a voter under the Uniform Military and Overseas Voters Act (UMOVA) unless and until7
Page 1 and 2: DISTRICT COURT, CITY AND COUNTY OF
Page 3 and 4: • Clerk Johnson contests the Secr
Page 5: 11. The fact that the form included
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 and 46: INTERROGATORY N0.12: State the date
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
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1 the genClal election. In the cass
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s1 eligible eleetot. except an elec
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SECTION L In Colorado Revised Statu
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t;nr·'•1'I~ .,2345678910II121314
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STATE OFCOLORADODepartment of State
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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
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WITH THE DEADLINES IN SECTION 1-8.3
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26.13.2 THE COUNTY CLERK. AND RECOR
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(L)(M)A VALID VETERAN IDENTIFICATIO
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(C)REQUESTING NEW LOGS OR REPORTS T
Page 83 and 84:
41.68.2 The CANVASS BOARD MUST USE
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42.1 1 .2 If the designated electio
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STATE OFCOLORADODepartment of State
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inactive - failed to vote electors
Page 91 and 92:
4. Section l-8-115(5)(d), C.RS., (2
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