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

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the voter submits an application. Clerk Johnson contends that the law allows her to send ballot tosuch electors without an application, and she will continue to do so. 1B. CLERK JOHNSON MUST IMPLEMENT AND ABIDE BY THE SECRETARY’SINTERPRETATION OF THE UNIFORM ELECTION CODE.i. Denver is Subject to the Uniform Election CodeThe dispute between the Secretary and the Clerk Johnson centers on their respective rolesand responsibilities in the implementation and enforcement of election laws. Clerk Johnsonseeks summary judgment on the ground that the Secretary cannot make her obey unenforceableand improperly issued orders or interpretations. She bases part of her argument on Denver’sstatus as a home rule entity. (Clerk’s Motion for Summary Judgment, pp. 20-23) In order todetermine whether the statutes apply to the City and County of Denver, the court must firstdetermine the scope and extent of the application of state election laws to home rule entities.The City and County of Denver is a home rule entity. Colo. Const. art. XX, § 1. As ahome rule entity, it has:Powers necessary, requisite or proper for the government andadministration of its local and municipal matters, including thepower to legislate upon, provide, regulate, conduct and control:…d. All matters pertaining to municipal elections in such city ortown, and to electoral votes therein on measures submitted underthe charter or ordinances thereof, including the calling or noticeand the date of such election or vote, the registration of voters,nominations, nomination and election systems, judges and clerksof election, the form of ballots, balloting, challenging, canvassing,certifying the result, securing the purity of elections, guardingagainst abuses of the elective franchise, and tending to make suchelections or electoral votes non-partisan in character.1 Related to both the second and third matters is whether elections laws must be applieduniformly throughout the state under § 1-1-107(1)(c), C.R.S. (2012).8
Colo. Const. art. XX, § 6(d).The power of home rule entities and their officers in election matters is limited tomunicipal elections only. Elections involving state matters, including those concerning statewideballot issues and state candidates, fall outside the authority of home rule entities. In re Title,Ballot Title and Submission Clause, and Summary for 1999-2000 #235(a), 3 P.3d 1219, 1225(Colo. 2000). For purposes of elections on statewide ballots or candidates for offices other thanDenver offices, the Clerk is subject to the Uniform Election Code. When an election involvesboth municipal matters and state matters, the Uniform Election Code applies. See, City andCounty of Denver v. Sweet, 138 Colo. 41, 47, 329 P.2d 441, 444 (1958)More importantly, Denver itself has adopted the Uniform Election Code. With respect tolocal and municipal matters, the “statutes of the state of Colorado, so far as applicable, shallcontinue to apply to such cities and towns, except insofar as superseded by the charters of suchcities and towns or by ordinance passed pursuant to such charters.” Vela v. People, 174 Colo.465, 467, 484 P.2d 1204, 1205 (1971) Elections in Denver are “governed by the election laws ofthe State as now existing or hereafter amended or modified except as otherwise provided by thisCharter, or by ordinance pursuant to this Charter hereinafter enacted.” Denv. Charter, § 8.2.1.Likewise, the Denver ordinances state that Denver’s elections are governed by Denver’s charterand ordinances. D.R.M.C. § 15-4(a). The Charter and ordinances do not include any provisionsregarding “inactive-failed to vote” electors in mail ballot elections or election procedures underthe UMOVA.In the election context, Clerk Johnson is subject to the Uniform Election Code.ii. Clerk Johnson is subordinate to the Secretary and must comply with the Secretary’sorders and rules.9
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: 26. The Secretary does not dispute
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
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
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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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