Scott Gessler

County goes to court Friday vs. Colorado Secretary of State over uncontested primaries | Colorado Springs Gazette

May 052012

Judge David Gilbert of the 4th Judicial District will hear a case at 2 p.m. Friday that will determine whether El Paso County must conduct two primary elections that are uncontested. County Clerk & Recorder Wayne Williams canceled the county’s Democratic and American Constitution primaries last Friday, prompting Colorado Secretary of State Scott Gessler to file suit against the county. Williams spoke at Thursday’s county commissioners meeting about the lawsuit and his belief that a 2009 law allows a Clerk to cancel a party’s primary election while still conducting another party’s primary. Gessler believes if any party has a primary, then all primaries must be conducted. The Republican primary is June 26. Williams said the county will incur “no additional cost to fight this in court” beyond the time spent by county attorneys. Read More »

Fighting over voters who don't always vote | 9news.com

Apr 112012

Some people don’t vote in every election, preferring to cast a ballot only in presidential election years. In Colorado, those voters are purged when they miss a midterm election, with their status changed to “inactive voters.” Inactive voters are still eligible to vote, but they won’t receive a mail-in ballot even if they signed up to be permanent mail-in voters. Democrats are fighting especially hard to change that just in time for the 2012 presidential election. Republicans have a much smaller share of Colorado’s inactive voters, and political watchers say the Democrats don’t want to lose any votes from President Obama’s 2008 supporters. Democrats say they’re not only concerned with “bandwagon” voters. ”There are all kinds of reasons that people don’t vote once, and we’re going to basically take them off the rolls because they failed to vote once? That doesn’t make any sense to me at all,” Sen. Rollie Heath (D-Boulder) said. Health is concerned about people who miss an election due to military service or illness. Read More »

Democrats resurrect bill that would allow counties to mail ballots to inactive voters | The Denver Post

Apr 062012

In a move likely to inflame partisan tensions, Colorado Democrats plan to graft dead legislation allowing counties to mail ballots to 439,560 “inactive voters” onto a resurrected Republican bill. House Republicans said Senate Democrats were “hijacking” the House bill. But Democrats said the issue of allowing registered voters who didn’t vote in the last election to receive mail ballots was too important to give up. ”If it’s going to be a fight, this is worth fighting over,” Sen. Rollie Heath, D-Boulder, an organizer of the Democratic effort, said. House Speaker Frank McNulty, R-Highlands Ranch, said he was surprised by the Democratic move. ”I know that from time to time bills are hijacked for other purposes,” McNulty said. “It’s pretty extraordinary that Senate Democrats would resurrect a (Republican) bill like this. It is extraordinary that they would go to these efforts.” Read More »

Bar codes allow ballots to be traced back to voters in dozens of Colorado counties | The Colorado Independent

Mar 312012

The challenges mounting on Colorado Secretary of State Scott Gessler’s desk go beyond whether to mail ballots to residents who haven’t voted in a while. He has another predicament: bar codes. Unique identifying numbers, or bar codes, that can trace citizens to how they voted appear on ballots in dozens of counties in Colorado — a revelation that is not only troublesome but possibly illegal. Ballots are not allowed to have “distinguishing marks,” according to state law. A coalition of Colorado voters is suing Gessler (pdf) and a half dozen county clerks in a Denver federal court, contending the officials are presiding over unconstitutional elections. The litigation stems from a separate dispute over whether cast ballots should be made public so that elections can be verified by someone outside of government. When clerks argued ballots could not be seen by members of the public because it was theoretically possible to figure out how specific people voted in certain elections, the bar code problem became apparent. “We didn’t think the clerks were serious. We thought they were pulling our leg, putting up a smokescreen,” said Aspen-based election activist Marilyn Marks. “We didn’t think it was true, but it is.” Read More »

Republicans kill Colorado voter-registration measure | The Durango Herald

Mar 312012

House Republicans on Wednesday killed a bill on voter registration from one of their own members, Rep. Don Coram, R-Montrose. The bill was a reaction to Republican Secretary of State Scott Gessler’s effort to prevent county clerks from mailing ballots to people unless they voted in the last major election. After the vote, Democratic leaders were so angry they called for Gessler’s removal as the state’s top elections official. The House Local Government Committee killed Coram’s bill on a party-line, 6-5 vote. It had passed the Senate 24-10. Read More »

Democrats want Secretary of State Scott Gessler removed from office | The Denver Post

Mar 302012

Colorado Democrats unleashed some of their strongest criticism yet of Secretary of State Scott Gessler Wednesday, saying he should be removed from office after he opposed an election-related bill that was later killed by fellow Republicans. ”(Gessler) has once again prioritized his partisan agenda above the rights of Coloradans to vote,” Democratic Party Chairman Rick Palacio said. “If (he) is unwilling to fulfill his duties as a non-partisan election officer, the people of Colorado should consider all avenues necessary to remove him as Secretary of State.” Asked if the Democratic party was referring to a recall election, spokesman Matt Inzeo replied: “I wouldn’t rule it out.” Read More »

Secretary of State Gessler asks Homeland Security to ID noncitizens on voter rolls | The Denver Post

Mar 192012

Colorado Secretary of State Scott Gessler has asked the Department of Homeland Security to provide his office with the citizenship status of about 4,500 registered voters — his latest tactic in an ongoing effort to remove noncitizens from the state’s voter rolls. ”It is imperative to the integrity of Colorado elections that we ensure only U.S. citizens are registered to vote and voting in our elections,” Gessler wrote in the March 8 letter to Secretary of Homeland Security Janet Napolitano. Critics of the move agreed only U.S. citizens should vote but said Gessler is going to extremes during a crucial election year — in a key battleground state — to address a problem that his office so far has been unable to quantify. Read More »

Ballot bill passes Colorado Senate committee | The Pueblo Chieftain

Mar 162012

A Senate committee passed a bill Wednesday that would limit when completed ballots can be inspected, despite objections from voters’ rights advocates who said the documents should be publicly available on demand. Lawmakers introduced SB155 in response to a Colorado Court of Appeals ruling that affirmed ballots are subject to inspection under the Colorado Open Records Act. It would limit the availability of ballots around election time and institute safeguards to prevent individual voters’ ballots from being traced back to them. “It’s not a problem for Pueblo, because our ballots aren’t being requested under CORA,” said Pueblo County Clerk Gilbert “Bo” Ortiz, who supports the bill. “Our job is to protect voter privacy. That’s why we need this. Transparency is important, but voter privacy is sacred.” The bill would shield ballots from inspection for 45 days preceding an election through a recount time period. Sponsors said that would prevent the inspection process from compromising the election process. Read More »

Spokesman for Colorado Secretary of State Scott Gessler rejects voter suppression accusations against him | Denver News

Mar 122012

Colorado Secretary of State Scott Gessler claims he’s under unwarranted attacks by media and Democratic leaders like Rick Palacio, who recently accused Gessler’s proposed voting policy as an attempt at voter suppression. Palacio connected Gessler’s legislations to the 1965 civil rights movement, during which advocates protesting for African-American voting rights were beaten by police. ”This time, however, Americans won’t be faced with night sticks. They’ll instead be faced with new laws written by the Republican legislature and the Secretary of State,” Palacio said at a Monday press conference. Rich Coolidge, a spokesman for Gessler’s office, replies to Palacio’s comment: “Instead of giving Colorado voters a positive message about his candidates, chairman Palacio is resorting to fear-mongering and distorted, negative attacks. I hope this doesn’t set the tone for the rest of the year.” Read More »

Voting rights and wrongs | Colorado Springs Independent

Feb 252012

Not often do government officials get to bask in positive news. ”It’s not the type of story that a reporter is generally looking for,” admits Marilyn Marks with a laugh. But the Aspen-based elections activist says credit is due to El Paso County’s clerk and recorder. Marks is the founder of The Citizen Center, a nonprofit whose recent lawsuit against numerous elections officials, including Secretary of State Scott Gessler, alleges that thousands of Coloradans are being denied one of a free society’s most basic rights: a secret ballot. Without a fix, she says, Colorado could find itself at the center of a national election scandal this November. And El Paso County, she says, “is a model that others ought to follow.” Read More »

Voters' rights group sues Gessler, Colorado clerks in U.S. District Court | Center Post Dispatch

Feb 222012

The Citizen Center, a non-partisan, non-profit Colorado voter’s group filed a lawsuit in U.S. District Court Monday seeking an injunction and declaratory judgment against Secretary of State Scott Gessler and six Colorado clerk and recorders. The Citizen Center uses public advocacy and high-impact legal tools to ensure greater transparency and accountability in government and public oversight of government and elections. The group is asking that Gessler and the clerks of Mesa, Boulder, Chafee, Jefferson, Eagle and Larimer counties immediately halt practices that violate voters’ constitutional rights to cast anonymous, untraceable ballots. Read More »

Group Claims Colorado Can Snoop on Voters | Courthouse News Service

Feb 162012

The Colorado Secretary of State and six county clerks have “unconstitutionally arrogated” to themselves an election system that can trace ballots “to the individual voters who cast those ballots,” a watchdog group claims in Federal Court. Citizen Center, a nonprofit, seeks declaratory judgment and an injunction against the Colorado Secretary of State and the clerks of Mesa, Larimer, Jefferson, Boulder, Chaffee and Eagle Counties. Read More »

Opponents of Colorado proposal to relax oversight of electronic voting want to strengthen safeguards, not reduce them | Pueblo Chieftain

Feb 162012

Opponents of Colorado Secretary of State Scott Gessler’s proposal to relax oversight of electronic voting machines testified Tuesday that now is the time to strengthen safeguards, not reduce them. Gessler and Pueblo County Clerk and Recorder Gilbert “Bo” Ortiz countered during a rule-making hearing that they believe sufficient protections against voter fraud still would exist under the proposed rule change. In its present form the change would reduce the required number of seals designed to prevent tampering with voting machines, end the continuous video surveillance of the machines that is presently required before and after elections and leave investigations of suspicious incidents involving the machines to county officials rather than Gessler’s office. Mandatory inspection of the machines by the secretary of state’s office also would be eliminated under the proposed rule. Read More »

Scott Gessler targeted by activist over voting in Saguache county and beyond | Denver News

Feb 152012

The woman behind Citizen Center, a nonprofit organization that focuses on elections issues and more, is pushing Colorado Secretary of State Scott Gessler’s office to hold a hearing prompted by her complaint about alleged voting irregularities in Saguache County. And today, she plans to announce a broader lawsuit focusing on Gessler and officials in several other counties. Marks’s background? “I used to be the primary owner and CEO of a trailer manufacturing firm,” she says. “I retired to Aspen in 2002 and ran for mayor in 2009 — and that experience caused me to get completely passionate about Colorado’s elections, which are some of the least transparent, most troublesome elections in the country. In the past almost-three years, I have become a full-time election-quality advocate: I have seven active lawsuits going on across the state on election transparency and election quality. And now, I’ve established a nonprofit so that I can continue my work in a more organized way.” Read More »

Voters file suit against Gessler, six county clerks over ballots | The Denver Post

Feb 142012

A group of Colorado voters filed a federal lawsuit against Secretary of State Scott Gessler and six county clerks today, saying their election practices are unconstitutional because they allow some ballots to be traced to the person who cast them. The lawsuit, filed in U.S. District Court in Denver, argues that voters in those counties are being deprived of their right to a secret vote, and asks a federal judge to order the practices stopped. ”The right to a secret ballot is a revered principle of American democracy,” said Marilyn Marks, a voting integrity activist who founded Citizen Center, the group that filed the lawsuit. ”No one, most particularly government officials, should have access to information that can connect ballots with voters,” Marks said. Read More »

Should military members who did not vote in 2010 receive a ballot? | State of Elections

Dec 272011

It may sound like a simple issue, but Colorado is currently in an uproar over this issue. The City of Denver had been planning to send mail ballots to all registered voters, including inactive military voters. In response, Republican Secretary of State Scott Gessler made the controversial move of filing suit against the city, arguing that Colorado law only allows localities to mail ballots to those on the active voting list. The full complaint can be found here. Because the election is mere weeks away, John Tomasic of The Colorado Independent notes that this new directive seems likely to effectively disenfranchise the effected soldiers.

Colorado law requires ballots to be sent out to all active registered voters, but it does not explicitly prohibit county clerks from being more proactive. According to The Daily Sentinel, Mesa County Clerk Sheila Reiner argued that counties should be able to do more if they wish. “I had made a decision early on not to include the inactive voters because it wasn’t required,” Reiner said. “But I have to agree with the Denver County clerk and recorder that the statute requirements are only a minimum, and in many areas clerks often go over and above depending on the needs of their counties.” Read More »

Secretary of State Gessler embraces being targeted over his push for reforms | The Denver Post

Dec 262011

During his first meeting with county clerks, newly elected Colorado Secretary of State Scott Gessler made a comment that some at the table found odd but would later prove prophetic. I’m probably going to be in court more than any previous secretary of state, Gessler said, according to several people in the room.

Just one year into his first term, the prediction hasn’t come true yet. But neither Gessler nor his critics will be surprised if it does. ”Folks are gunning for me, and the lawsuit-happy folks are the ones I fought for years,” the former elections attorney said. “I’m a target.”

If the Republican Gessler is a target, his critics contend, it’s because he’s made himself one with a series of moves — from trying to work at his former job while in office to suing two county clerks to proposing a wholesale rewrite of Colorado’s campaign-finance rules. Read More »

Traceable ballots could sabotage Colorado elections in 2012 | Center Post Dispatch

Dec 242011

As Colorado shapes up to be a swing state during the 2012 General Election, suggested changes to Secretary of State (SOS) rules governing election integrity and transparency could further endanger Coloradoans’ rights to an anonymous ballot and honest elections.

Those hoping for a fair election outcome in a crucial race for the White House will instead probably face relaxed security precautions for already compromised electronic voting devices. They also could be faced with a Colorado Open Records Act (CORA) blackout that would deny access to key election documents for nearly 90 days during the election cycle.

The CORA block would prevent poll watchers, media, and ordinary citizens from examining ballots, and would delay and restrict examination of logs, poll books, and other essential election information in the event of a disputed election. This even after Colorado Sec. of State Scott Gessler won a lawsuit in August 2011 against Saguache County Clerk Melinda Myers, with District Judge Martin Gonzales ruling that ballots are public records and Gessler as well as ordinary citizens have a right to request and inspect them. Read More »

Voting machine security questioned | The Durango Herald

Dec 092011

Secretary of State Scott Gessler wants to make it easier for counties to comply with rules for electronic voting machines, but watchdogs say the changes increase the risk of hackers stealing an election. Gessler will hold a meeting today to discuss the changes, but plaintiffs in a 2006 lawsuit that led to the decertification of several voting machines did not wait to let loose with criticism.

Jeff Sherman, an Iraq veteran who worked on democracy-building in that country, said he is dismayed U.S. elections are vulnerable to fraud through voting machines. “We have a system that is a light to the world. I think it does all of us a disservice when there are questions about elections,” Sherman said.

Colorado has not had any known instance of election-hacking, but Sherman’s lawyer, Paul Hultin, cited an exercise by Argonne National Laboratory in which scientists hacked into a voting machine from half a mile away using cheap, off-the-shelf equipment. Read More »

Secretary of State proposing changes to voting machine security making the already-vulnerable equipment more susceptible to hacking | The Denver Post

Dec 082011

The Colorado Secretary of State’s office is considering changes that would relax security around electronic voting machines, making the already-vulnerable equipment more susceptible to hacking, opponents of the equipment and the draft rules said today. ”There’s nothing more important than election security,” said attorney Paul Hultin, who represented several voters in a 2006 lawsuit that sought to eliminate use of the machines in Colorado. ”It’s a step back.”

Richard Coolidge, public information officer for Secretary of State Scott Gessler, said the aim is to provide more guidance and clarity to county clerks, thereby creating more uniformity in how rules are applied. ”We’re trying to balance common sense, practical application with security on the other end,” Coolidge said. “We can do that without compromising any security.”

A public meeting is scheduled for 1 p.m. Thursday to provide input on the proposed changes. Formal rulemaking has not yet started, but the meeting is a likely first step toward the rulemaking process, Coolidge said. Read More »

Some challenge Colorado voting machine rule proposal | The Pueblo Chieftain

Dec 082011

Plaintiffs who prevailed in a lawsuit to decertify Colorado voting machines in 2006 spoke out Wednesday against Secretary of State Scott Gessler’s proposal to relax security protocols for the machines. Gessler has proposed a rule change that would eliminate his office’s mandatory inspection of voting machines in counties, lessen the requirement for tamper-proof seals on the machine, lift the mandate for clerks to report suspected tampering to the secretary of state and reduce the amount of video surveillance required for the machines.

“This is the culmination of about a year of work with our staff and county clerks’ staffs,” said Rich Coolidge, spokesman for the secretary of state’s office. Pueblo County Clerk Gilbert “Bo” Ortiz, president-elect of the County Clerks of Colorado, said the organization favors relaxing how direct recording electronic voting machines are monitored.

…Denver lawyer Paul Hultin, who represented voters in a 2006 lawsuit seeking to do away with terminals in the state, said if the new rules are adopted as Gessler has proposed them, the security of the voting machines will be compromised. Hultin, of the firm Wheeler Trigg O’Donnell, contends Gessler is overstepping his authority to relax the rules and is opening a door to fraud through computer hacking. He also worries that evidence on paper that could settle disputes and questions of fraud is not an option in electronic voting. Read More »

Voters' secret ballots may not be so secret after ruling | GJSentinel.com

Nov 152011

The state’s county clerks plan to ask the Colorado Legislature when it reconvenes in January to make ballots exempt from the Colorado Open Records Act. The clerks say a Colorado Court of Appeals ruling in August that ballots are public records has turned election law on its head and could allow someone to find out how people voted, no matter how careful clerks are in guarding voter secrecy. But fixing the problem could be more problematic than most people think, Mesa County Clerk Sheila Reiner said.

Reiner and Jefferson County Clerk Pam Anderson, who are facing identical lawsuits demanding to make their ballots public, say doing so would identify individual voters and how they voted. As a result, they think ballots should be made exempt from open-records laws. … Some people disagree, saying a balance can be struck that maintains election transparency without violating secrecy laws. Read More »

Inactive voters playing major role in Pueblo County election | The Colorado Independent

Nov 032011

Pueblo County Clerk Gilbert “Bo” Ortiz defended his right to send ballots to “inactive voters” this year over the objections of Secretary of State Scott Gessler. Ortiz told the Colorado Independent he believes his main objective as clerk is to facilitate participation in elections and, on that score, he has succeeded. As of Monday night, 16 percent of the county’s roughly 17,000 inactive voters had cast ballots. That’s 2,700 votes, nearly 9 percent of all votes cast in the county, which is a lot of votes.

“This means that Pueblo['s] [inactive] voters responded and will have a significant impact on this year’s election,” Ortiz said. “The bottom line is that all registered voters had the opportunity to cast a vote. And the more people who participate, the stronger our community.” Read More »

Colorado county clerks crying wolf | Vincent Carroll/The Denver Post

Oct 222011

Get ready for a battle royal over the integrity of elections in Colorado — and just in time for this state’s apparently pivotal role in the 2012 presidential race. If the clash shapes up as expected, lawmakers will have to choose sides between a would-be election priesthood exempt from public oversight — I’m referring to the county clerks — and advocates for a fully open and accountable government.

The clerks, you see, are in a panic about a recent appeals court ruling that says voted ballots are public documents under the Colorado Open Records Act, so long as “the identity of the voter cannot be discerned from the face of that ballot.”

The court’s definition should include the vast majority of ballots, assuming election officials and voters follow the law. But if you listen to the clerks, you’d think the opposite. Embracing Chicken Little as their role model, the clerks’ association issued a statement after the ruling, claiming it “has removed the curtain from our voting booths. Most Coloradans believe their votes should be a secret from their friends, coworkers and even spouses, but today’s ruling means Coloradans’ personal choices can be seen by anyone who asks.” The clerks’ statement is either contemptible fear-mongering or an admission that they supervise a system that comprehensively thumbs its nose at the state constitution’s mandate of anonymous ballots. Read More »

Vets press Gessler to drop voter ballot case | The Colorado Independent

Oct 152011

Richard Allen Smith, Afghan war veteran and vice chairman of national soldier and veteran advocacy organization VoteVets, on Thursday hand delivered a petition with more than 9,000 signatures asking Colorado Secretary of State Scott Gessler to drop the lawsuit he filed seeking to prevent counties in the state from mailing ballots to inactive voters, including to soldiers serving away from home. The organization is asking Gessler to accept a decision handed down in district court last week finding insupportable Gessler’s interpretation of election law in the matter.

“I didn’t meet Gessler,” Smith told the Colorado Independent on his way back from the office. “I met two people from the Elections Division. They were polite and professional but they didn’t let on about Gessler’s plans. Actually, one of them seemed more interested in sharpshooting our petition.”

Smith said that, of the 9,000 signatures he delivered, 3,400 were signatures from veterans. He said the petition contained the full names, addresses and, where appropriate, veteran status. The Elections Division staffer, however, suggested that wasn’t enough. Read More »

A Win for Voters Is Colorado Secretary of State Gessler's Second Loss | Jonathan Brater/Huffington Post

Oct 132011

Across the country, legislators and political operatives seem determined to make it more difficult for American citizens to vote. Since January, more than a dozen states passed a variety of different laws and executive actions that will make it far more difficult for millions to vote. Seven states, including Texas and South Carolina, will now require voters to present specified government-issued photo IDs to vote. Florida has gone after organizations like the League of Women Voters, threatening them with huge fines if they try to help register citizens to vote unless they comply with a new set of byzantine state rules. Georgia and Arizona are trying to knock down the Voting Rights Act, the most successful piece of civil rights legislation, in a court challenge. And Colorado Secretary of State Scott Gessler made headlines with the false claim that thousands of non-citizens were voting in Colorado. Last week, Secretary Gessler was at it again. This time he asked a court to essentially freeze the Denver electorate to those who voted in 2010. The court refused.

Colorado gives counties the option of conducting certain elections by “mail ballot.” In those elections, there are no traditional polling places; instead, citizens vote by mailing in ballots sent to them by the state. Colorado is holding such an election this November, and the Denver County Clerk and Recorder had planned to take the unremarkable step of sending ballots to all registered voters in the County, as she has for the last five election cycles. Secretary Gessler sued the Denver County Clerk and Recorder to make her stop, arguing that she may only send ballots to voters who voted in the last election. This move, had it prevailed, could have kept thousands of eligible and registered Colorado citizens from participating in this November’s elections, for no good reason. Read More »

Fairness questioned as 9 mostly Democratic Colorado counties to mail inactive voters ballots | The Denver Post

Oct 122011

Officials in at least nine counties plan to mail ballots to inactive voters for the Nov. 1 election — a decision some believe could give a boost to a statewide ballot measure to raise taxes for education. The counties — all but two of which lean or are heavily Democratic — are home to about 107,000 voters considered “inactive/failed to vote.”

Victor Mitchell, a former state representative from Douglas County who is leading the opposition to Proposition 103, said Tuesday the fact that some counties are mailing to inactive voters while others are not is “a form of gerrymandering and voter manipulation” that creates an unlevel playing field.

“It will clearly have an effect,” Mitchell said. “Will it be enough to put (Proposition 103) over the top? I certainly hope not.” Proposition 103, the only statewide measure on next month’s ballot, would raise taxes for five years to generate $3 billion for education. Read More »

More counties sending ballots to inactive voters | The Pueblo Chieftain

Oct 122011

Boulder and Pitkin counties have reversed course and will send election ballots to inactive voters this month, the Colorado Secretary of State Scott Gessler’s office confirmed Monday. That turnaround comes only two days after a Denver district judge refused to block Denver and Pueblo counties from doing so.

Boulder will send ballots to about 24,000 inactive voters, while Pitkin will send out about 2,500 ballots. Mesa County officials also notified Gessler on Monday that they will send ballots to their inactive military and overseas voters only, but not to inactive voters within their county. El Paso County, which has a heavy registration of overseas military voters, was the target of protests Friday from one veterans group objecting to Clerk Wayne Williams’ decision not to send ballots to about 800 inactive military voters. Williams reaffirmed after the court ruling that his county does not intend to send ballots to any of its 63,000 inactive voters, regardless of Friday’s court ruling. Read More »

Judge's ruling allows Nov. 1 election ballots to be sent to inactive voters | The Denver Post

Oct 112011

Thousands of inactive voters in two Democratic strongholds will be mailed ballots for the Nov. 1 election following a judge’s ruling Friday. Denver District Judge Brian Whitney denied a motion for a preliminary injunction filed by Secretary of State Scott Gessler, who argued that state law prevents Denver Clerk and Recorder Debra Johnson from mailing ballots to inactive voters.

Following the decision, Johnson and Pueblo County Clerk and Recorder Gilbert Ortiz said they will proceed with plans to mail ballots to those voters — about 54,000 in Denver and 17,000 in Pueblo. Read More »

Judge: Denver may send ballots to inactive voters | The Denver Post

Oct 082011

Denver Clerk and Recorder Debra Johnson may send ballots to inactive voters, District Court Judge Brian Whitney ruled this afternoon. Secretary of State Scott Gessler asked Whitney last month to issue a preliminary injunction stopping Johnson’s office from sending mail ballots to voters classified as “inactive failed to vote.”

Those voters — about 54,357 in Denver county, or about 12 percent of all registered voters — are voters who didn’t vote in the 2010 general election or any subsequent election. They also failed to respond to postcards from their clerk and recorder asking whether they want a ballot for the Nov. 1 election.

Gessler, a Republican, said he wanted to ensure the statewide uniformity of the election. Although the judge refused to issue a preliminary injunction, Gessler’s suit may continue. The Secretary of State’s attorney also said Gessler may issue a rule on the issue. Read More »

The Latest Battle in the War on Voting | Brennan Center for Justice

Oct 082011

A Denver judge ruled on October 7 that the Denver Clerk and Recorder can mail ballots to “inactive” voters who missed one election, as she had planned. There will be a later legal proceeding to fully consider the issues. All across the country legislators and political operatives seem to be determined to make it more difficult for American citizens to vote.

Since January, more than a dozen states passed a variety of different laws and executive actions that will make it far more difficult for millions to vote. Seven states, including Texas and South Carolina, will now require voters to present certain government-issued photo IDs to vote. Florida has gone after organizations like the League of Women Voters, threatening them with huge fines if they try to help register citizens to vote unless they comply with a new set of byzantine state rules. Georgia and Arizona are trying to knock down the Voting Rights Act, the most successful piece of civil rights legislation, in a court challenge. And Colorado Secretary of State Scott Gessler made headlines with the false claim that thousands of non-citizens were voting in Colorado. Now Secretary Gessler is at it again, in a move that — if it stands — could essentially freeze the electorate to those who voted in 2010.

Colorado gives counties the option of conducting certain elections by “mail ballot.” In those elections, there are no traditional polling places; instead, citizens vote by mailing in ballots sent to them by the state. Colorado is holding such an election this November, and the Denver County Clerk and Recorder had planned to take the unremarkable step of sending ballots to all registered voters in the County, as she has for the last five election cycles. Secretary Gessler is suing the Denver County Clerk and Recorder to make her stop, arguing that she may only send ballots to voters who voted in the last election. This move, if it prevails, will keep thousands of eligible and registered Colorado citizens from participating in this November’s elections, for no good reason. Read More »

Crowd gathering for court battle over inactive voters | The Pueblo Chieftain

Oct 072011

Like a fistfight in the street, the judicial showdown between Colorado Secretary of State Scott Gessler and two county clerks — Pueblo County’s Gilbert “Bo” Ortiz and Denver Clerk Debra Johnson — is starting to draw a crowd as both sides head for a court hearing today in Denver.

Denver District Judge Brian Whitney is scheduled to hear Gessler’s request for an injunction against Denver County at 1 p.m. today. Ortiz will be there, along with Pueblo County Attorney Dan Kogovsek, hoping Whitney will accept their filing to be included in the courtroom fight.

The dispute pits Gessler, a Republican, against Ortiz and Johnson, both Democrats, over the issue of whether the clerks can send mail ballots to inactive voters in those counties. Inactive voters are those who didn’t vote in the 2010 election or freshen their registration since then. Read More »

Pueblo County clerk joins lawsuit over ballots for inactive voters | The Denver Post

Oct 062011

Vowing to protect the right to vote for military personnel overseas, Pueblo County Clerk and Recorder Gilbert Ortiz announced Wednesday that he is joining the lawsuit between Secretary of State Scott Gessler and Denver Clerk and Recorder Debra Johnson.

Last week, Gessler, a Republican, sent a letter warning Ortiz that if he mailed ballots to inactive voters who are eligible to vote, he would be named in the lawsuit by Gessler’s office. Ortiz and Johnson are Democrats.

At the time, Ortiz said he would “reluctantly” comply with Gessler’s order not to mail ballots to 64 inactive military voters but indicated that the dispute of whether inactive voters should receive mail ballots was not over. Read More »

Court to hear case this week over Denver's mail-in ballots | 9news.com

Oct 052011

A battle over which voters should get ballots in Denver for this November’s election is headed to court this week. Secretary of State Scott Gessler (R-Colorado) is suing the city’s top election official, Denver Clerk and Recorder Debra Johnson, because she plans to mail ballots to people even if they didn’t vote last year. ”It’s a difference of interpretation of state statue between inactive-fail to vote and their ability to receive a mail ballot,” Johnson said.

“Once the state legislature sets up the law, we need to follow it. That’s my position,” Gessler said.

The question a judge will consider this Friday is whether Denver can mail election ballots to the 55,000 residents who are registered to vote, but are considered inactive. That’s about 20 percent of the city’s electorate. Johnson says Denver has done so for several years with no problems. Gessler says a state law permitting it has expired, so it’s against the law to continue to do so. He says there is also concern about election fraud. Read More »

Colorado Absentee Ballot Fight: Data Can Help This! | Election Updates

Oct 042011

In the ongoing battle over absentee ballots in Colorado, we’ve heard the claims about disenfranchised military voters and we’ve heard the charges about partisanship.

Unfortunately, what we haven’t heard is some hard factual information that compares ballot return rates among active and inactive voters. Andrew Cole, spokesperson for Secretary of State Scott Gessler is quoted as saying “there were thousands of ballots mailed out to inactive voters in 2010 that were unaccounted for.”

I’ve tried to answer this question at the Denver County elections office. Total registration, active and inactive, was 297,558 according to the spreadsheet available here: Of that total, 22,696 are “Inactive – Fail to vote”, or 7.63% of the total. Read More »

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