Colorado: Imbroglio embroils election bill | The Colorado Statesman

The Legislature could be on the verge of approving sweeping changes to the way most municipalities conduct elections in the state, but not until a lawmaker intends to introduce last-minute changes before the final Senate vote on the legislation. As it’s written, the bill, HB 1130, would allow military and overseas voters in Colorado municipal elections the same opportunity to return ballots using so-called electronic transmission — via fax machines and email — as the same voters have been able to do for years in county, state and federal elections, among other changes to municipal elections law. But a flurry of protests that have reached a fever pitch this week claim that the bill’s language would open the door to all manner of online voting, including posting ballots to Twitter or texting votes to election clerks. What’s more, the bill’s critics charge, clerks in small towns aren’t equipped to verify emailed ballots, which they contend can easily be hacked, spoofed or diverted.

Colorado: Overseas voting bill advances | The Pueblo Chieftain

A new state law that would extend to cities the absentee voter system currently in place for military overseas who want to vote in state and federal elections, passed committee on Wednesday. State Sen. Leroy Garcia, D-Pueblo, said the bill passed through the Senate Veterans Affairs Committee unanimously and will go to the Senate floor next. There’s no fiscal impact to the state and Garcia said he isn’t sure when the Senate will take up the bill. Garcia said the bill will help extend some deadlines for municipal elections so ballots can be mailed to military personnel and state department employees overseas who want to participate in local elections.

Colorado: Gessler voter sting nets 1 conviction despite accusation of widespread fraud | Aurora Sentinel

An Arapahoe County judge last month sentenced an Aurora man to probation for falsely registering to vote — marking the lone conviction in a 2013 voter fraud investigation that identified more than 100 suspects. Vitaliy B. Grabchenko, 49, pleaded guilty to procuring false registration, a misdemeanor, on Feb. 24. Arapahoe County Judge Addison Adams gave Grabchenko a two-year deferred sentence and ordered him to complete 48 hours of community service. He will also be on supervised probation for two years. Grabchenko, a Polish national, was one of four people charged in 2013 as part of a large-scale and controversial voter fraud investigation launched by former Colorado Secretary of State Scott Gessler. Gessler had identified more than 100 people he said illegally voted, but the four charged in Arapahoe County were the only people in Colorado to face charges.

Colorado: Voter ID bills struck down | The Durango Herald

Colorado lawmakers Wednesday once again took up the issue of photo identification as a requirement to vote, killing two measures that would have mandated the practice. The Republican-backed measures were killed by the Democratic-controlled House State, Veterans and Military Affairs Committee on party-line votes. Similar attempts in recent years at the Legislature also failed. Both bills Wednesday addressed same-day voter registration, enacted by a Democratic-backed measure in 2013 that made sweeping reforms to the state’s election laws, including allowing voters to register on Election Day. One of the bills Wednesday was sponsored by Rep. Don Coram, R-Montrose. His idea with the legislation was to send the question to Colorado voters, pointing to a Magellan Strategies poll that indicated 72 percent of voters support photo ID as a condition of same-day voter registration.

Colorado: Secretary Of State Admits Voting Restrictions Stop Eligible Voters, Pushes Them Anyway | ThinkProgress

The state with some of the most accessible elections laws in the nation could soon make it more difficult to cast a ballot. Colorado lawmakers began debating a bill Wednesday that would require voters to present a photo ID if they register to vote on Election Day — a policy that would disproportionately impact people who are younger, lower income, non-white, and newly naturalized. While attending a recent conference in DC, Secretary of State Wayne Williams told ThinkProgress that he supports these measures despite the fact that investigations by his predecessor found voter fraud to be nearly non-existent in the state. “Most people don’t rob banks but we still protect against bank robbery,” he said. “Most people vote honestly but we did have some instances — for example, one individual submitted five separate voter registration forms with sequential Social Security numbers. The overwhelming majority of people don’t do that, but we need to have the protections in place to ensure all of us can have confidence in our elections.”

Colorado: Despite criticism, few efforts to change mail ballot law | The Denver Post

Before last fall’s election, Colorado’s new mail-ballot election system was viewed with suspicion in conservative media channels as rife for corruption, inconvenience and higher costs. But one-third of the way through the legislative session that has more Republicans in the House and a new GOP-controlled Senate, little has been proposed to remedy those concerns. The 2013 law provided a mail ballot to every registered voter, including those formerly considered inactive because they hadn’t cast a ballot in a while. A report by the Colorado Voter Access and Modernized Elections Commission that examined the new law’s performance is due Tuesday, but it isn’t expected to cite major flaws or offer significant proposals for change, according to commission members.

Colorado: Voter ID bills scheduled for committee hearings | Colorado Public Radio

Lawmakers at the state Capitol will consider Wednesday whether people registering to vote close to Election Day should have to show a photo ID. Two bills on the policy have committee hearings scheduled. One measure would require people to show a photo ID when registering in the weeks leading up to an election. The other would put the same policy up for a statewide vote next year. When we interviewed the new Secretary of State, Wayne Williams, earlier this year, he said this type of voter ID law was part of his agenda. Specifically he wants photo ID for Election Day registration.

Colorado: More workers, training helped avoid delays in voting, registrars say | Journal Inquirer

Changes made by the registrars of voters after problems with long lines in the 2012 election successfully addressed problems, the registrars reported recently. There were “no major issues” in November’s voting, registrars said. Two years ago, the registrars office came under fire for not being prepared for the last presidential election when voters were forced to wait in line for hours.
That was the first election after 10 precincts had been consolidated into eight, with polling places at Washington and Nathan Hale schools dropped to reflect shifting legislative district boundaries.

Colorado: Adams County ballot troubles could wind up in court | The Denver Post

Adams County is coming under increasing scrutiny — including the prospect of a legal challenge in court — after County Clerk Karen Long did not disclose that nearly 200,000 ballots in the November election could be traced back to individual voters. Gary Mikes, chairman of the Adams County Republicans, said Long should have come forward about the erroneously marked ballots six weeks ago, when she first detected the problem in late October. Long did not notify the secretary of state’s office of the error until Dec. 9, and issued a news release the next day. “It was her responsibility to inform everybody when she found that out,” Mikes said.

Colorado: Still Counting Votes in Colorado | Wall Street Journal

It’s a week after Election Day and they’re still counting votes in Colorado, where some are blaming a new state law that replaced polling booths with mandatory mail-in ballots. Top-ticket races have been decided—Democratic Gov. John Hickenlooper was re-elected and Republican Cory Gardner unseated Democratic Sen. Mark Udall—but the vote totals in a dozen state House and Senate races remain unknown. Democrats currently have a 37-28 majority in the House and are expected to keep it. But they did lose the Senate, where the Republicans will hold an 18-17 edge after being in the minority for a decade. And although those outcomes are unlikely to change once all the votes are counted, there is frustration with the new process, especially among the grass-roots.

Colorado: Mail-In Voting Gets Early Test | Wall Street Journal

A new election system using all mail-in ballots faces an immediate test in Colorado, with tight Senate, House and gubernatorial races that are being closely watched nationally. Hoping to boost turnout, the Democrat-led legislature here passed a law a year ago requiring Colorado to use mail-in ballots in virtually all elections. Some Republicans, including the secretary of state, have voiced concern about mandating the system statewide, saying that relying so heavily on the postal service could cause problems, especially for rural voters. Democrats have said that the two other states with all-mail elections, Washington and Oregon, have experienced few problems. Colorado voters can still drop off ballots at designated voting centers. They can also fill out a ballot at the centers and even register there on Election Day. But the idea is for most ballots to be mailed in. County clerks have to receive a ballot by 7 p.m. on Tuesday for it to count. A ballot postmarked but not received by that time isn’t valid. “The reason we did this was just to modernize our system and make it easier for people to vote and stay in the process,” said the state House majority leader, Dickey Lee Hullinghorst, a Democrat from Boulder. “You have a lot of people who have a very difficult time just showing up on Election Day and casting their ballot.”

Colorado: Despite attention, Colorado voter fraud remains rare, say clerks | The Denver Post

This campaign season, Colorado’s new mail-ballot voter law has drawn the national sideshow attention of cable news and opinion, AM radio and even a sting by conservative provocateur James O’Keefe — all focused on the notion that Tuesday’s outcome could be tainted. But perception hasn’t been reality, according to election officials on both sides of the deep political divide who report only a routine percentage of challenged signatures, undeliverable ballots and reports of alleged shenanigans. Mesa County Clerk Sheila Reiner said the lack of actual trouble is largely because voting by mail is nothing new. It’s been an option for Colorado voters since 1992. And in the 2012 general election, 73 percent of Coloradans cast mail ballots. “What’s different is we have a party that’s made allegations of fraud part of its platform,” Reiner, a Republican who is president of the Colorado County Clerks Association, said of some members of her party.

Colorado: Campaigns scramble with new Colorado election laws | Associated Press

Democrats and Republicans battling in close contests for the governor’s office and U.S. Senate in Colorado are wading into new territory with the advent of Election-Day voter registration and ballots being mailed to every registered elector. The changes passed by Democrats who control the Colorado Legislature mean campaigns are making their final arguments to voters weeks in advance of Nov. 4, and they’re sprinting to the very end to get every possible voter registered and voting. It has also prompted concerns from Republicans about greater chances for voter fraud — a worry that Democrats don’t share. Already, 518,610 people have voted since ballots were mailed early last week. Last year, in an election with only two statewide ballot measures, there were 1.4 million votes. In the 2012 presidential year, nearly 2.6 million people voted. At the current pace this year, a big portion of the Colorado vote will likely be in before Nov. 4.

Colorado: In First All-Mail Election, Voters Are Being Hassled Like Never Before | Huffington Post

“The sooner you get it in, the sooner they stop calling you.” That’s what Kristyne Brenner, a resident of the Denver suburb of Greenwood Village, described as the only way to cease the incessant calling from the campaigns of Sen. Mark Udall (D-Colo.) and his Republican challenger, Rep. Cory Gardner. The already high-stakes Senate contest between Udall and Gardner has gained an added element of uncertainty because this year, every registered Colorado voter has received a ballot by mail. And to the chagrin of voters like Brenner, both campaigns are going all-out to make sure no one forgets to send in their ballot. Colorado’s nearly three million registered voters began receiving ballots on Oct. 14. Campaigns can track which voters have not yet returned their ballots, as well as who hasn’t registered at all. As a result, residents have experienced a significant amount of harassment from campaigns. This will likely continue through Nov. 4, since people can also register on Election Day and vote in person. (Voters can also register online and receive a ballot in the mail until Oct. 27.) The seemingly nonstop calls from campaigns have aggravated Brenner’s frustration with a race that she already considered too polarized and negative. “I’m pretty much over it,” she grumbled as she tossed back popcorn kernels while taking a break from shopping at Denver’s upscale Cherry Creek mall. Based on a number of interviews conducted by The Huffington Post, Brenner’s annoyance seems to be a universal emotion in the highly-targeted Denver suburbs.

Colorado: Boulder County’s mail-in ballots include 1-cent postage error | Boulder Daily Camera

Boulder County voters electing to mail in ballots this election might come up 1 cent short on postage. Voter instructions for returning ballots say the cost of postage for county residents who received two-sheet ballots in the secrecy sleeve will cost 69 cents — the 49 cents for a stamp plus the cost of an additional ounce. However, in January the U.S. Postal Service raised the cost of an additional ounce to 21 cents, meaning postage for a two-sheet ballot and secrecy sleeve would actually cost 70 cents. Voters should rest assured their ballots will be delivered with no problem however, Boulder County Clerk and Recorder’s Office spokeswoman Mircalla Wozniak said in an email Monday.

Colorado: State readies for inaugural vote-by-mail general election | KRDO

Election Day less than a month away and changes await Colorado voters. This November marks the first time a general election in the Centennial State will be all vote-by-mail. “All I know is I get something in the mail and I fill it out and send back in,” Colorado Springs voter Amanda Martinez said. “This is my first year voting.” “Before you used to have to opt in to get a mail ballot,” Ryan Parsell with the El Paso County Clerk and Recorder’s Office said. “Well, now everybody is opted in. As long as your registration is current, you should get a mail ballot around the middle of October.”

Colorado: With a win on the line in Colorado, Democrats hope to mail it in | The Washington Post

Here in the Senate battleground of Colorado, the latest front in the voting wars is  the mailbox. In other states, that fight has generally centered on laws that opponents say restrict voter access – measures, largely passed by Republican legislatures, that require voter identification or reduce the number of days for early voting. But Colorado is  operating under a new system designed to do the opposite: For the first time this year, every registered voter will get a ballot delivered to them through the mail, weeks before Nov. 4. The 2014 midterm elections are the first statewide contests since the Democratic-controlled Colorado legislature, voted last year to make it easier to cast a ballot. The law allows residents who neglect to register in advance to sign up on Election Day itself. And it instituted all-mail elections, with ballots going out statewide 22 days before Election Day. So Election Day, in essence, has officially become Election Month – a development that has spurred strategists on both sides to craft the biggest midterm turnout operations in state history, a high-stakes race to find and identify every possible voter

Colorado: Prosecutors drop more voter fraud charges after massive state roundup | Aurora Sentinel

Arapahoe County prosecutors have dropped charges against another person charged in a controversial voter fraud case last fall, leaving just two people facing charges following the lengthy investigation. Tadesse Degefa, 73, of Aurora, was scheduled to go on trial Sept. 3 on a misdemeanor charge of procuring false registration. But prosecutors a week before the trial asked a judge to drop the charge and the judge dismissed the case the day it was supposed to start, said Michelle Yi, a spokeswoman for the Arapahoe County district attorney’s office. In a statement, prosecutors said Degefa asked for a ballot in the mail for the 2012 election even though he wasn’t a citizen and couldn’t legally vote. But, prosecutors said, because the law makes it easy for a third party to ask for a ballot for someone else, they couldn’t prove it was actually Degefa who asked for the ballot. “The existing safeguards are insufficient to prevent this from happening again, and are inadequate for us to prosecute cases with these facts. We honor the law and our elections processes in this State and in this specific case. Here, justice was best served by dismissing the charge,” District Attorney George Brauchler said in a statement. Prosecutors said Degefa illegally voted in 2008 and 2009, but the statute of limitations in those cases had expired.

Colorado: Two down, two to go in SOS Scott Gessler’s voter fraud manhunt | The Colorado Independent

Half the voter fraud cases prosecuted in Colorado have now been dropped before trial. Eighteenth Judicial District Attorney George Brauchler’s office has dismissed its case against Tadesse G. Degefa, 73, of Aurora, who allegedly registered for a mail-in ballot in 2012, despite the fact that he wasn’t a U.S. Citizen. Brauchler said he couldn’t win the case beyond a reasonable doubt. Dismissal of Degefa’s case comes two and a half months after Brauchler dropped charges, also citing a lack of evidence, in another voter fraud case against canvasser Michael Michaelis. Statistically, the dismissals are significant because the two voter fraud cases were among only four being prosecuted statewide after Secretary of State Scott Gessler claimed there was an epidemic of voters cheating Colorado’s election system.

Colorado: Arapahoe County pioneering use of new vote verification system | The Denver Post

Arapahoe County is piloting a vote-checking system this week that promises to raise the level of confidence in the accuracy of election results in Colorado. Elections officials gathered Wednesday at the county’s clerk and recorder office in Littleton to put the system — dubbed the risk-limiting audit — through the paces. The goal is to work out the bugs and have it ready for statewide rollout by election day 2017, as required by the state legislature. “The way we do audits doesn’t present a good enough picture,” Arapahoe County Clerk Matt Crane said Wednesday. “Our citizens deserve to know that we have a fair, transparent and accurate voting process.” The way a post-election audit of ballots is done currently requires a canvass team to pull at least 500 randomly selected paper ballots and compare the results to the tally recorded by the tabulation machines used in the election. Under the risk-limiting audit, random numbers generated by a software program will identify certain ballots to be pulled for inspection. The sample size is statistically determined based on the total number of ballots cast, the margin of the contest and the audit results as they unfold.

Colorado: Attorney asks for dismissal in Montezuma vs. voters lawsuit | The Denver Post

An attorney for three residents of the town of Montezuma has asked a judge to dismiss a lawsuit the town filed recently naming all its voters as respondents in a legal dispute that revolves around a botched election. “The town seems to be suing itself,” stated the motion to dismiss, filed Monday in Summit County District Court. Gunnison attorney Luke Danielson cited a number of what he believes are errors in the town’s lawsuit, including basing the suit on a repealed statute, failing to challenge an election in the allotted time and failing to name the 61 respondents who could be forced to appear before a judge.

Colorado: Montezuma sues itself over controversial municipal election | Summit Daily

This week, the town of Montezuma filed a lawsuit in Summit County District Court … against itself. Newly elected Mayor Lesley Davis said the lawsuit was filed Tuesday in hopes of bringing a resolution to its controversial municipal electionlast April. The suit was filed by interim town attorney Kendra Carberry, of Denver, on behalf of town clerk Helen Moorman and the town of Montezuma. The respondents listed in the suit include all of the town’s 61 registered voters. “The town is definitely not suing its residents,” Davis said. “We’re just seeking the court’s assistance to help us with a controversial election and to let us know what we should be doing.” According to the complaint, the town alleges that ballots from April’s election contained inaccurate verbiage and did not feature numbered stubs and duplicate stubs to be recorded in the poll books and that the final tally for at least one board of trustees candidate was inaccurate, among other claims. As town clerk and the election official, Moorman was responsible for overseeing all facets of the election.

Colorado: Town of Montezuma sues all of its voters over flawed election | The Denver Post

Voting is supposed be a right and a privilege. But in the pint-sized, high-mountain town of Montezuma it also has become grounds for a lawsuit. The town and its novice clerk have filed suit against every registered voter in the town, claiming that an election held last spring had numerous errors. The lawsuit filed in Summit County District Court last week lists errors that include numbers that don’t add up and mismatched ballots that had to be patched together with the clerk’s sewing machine. The lawsuit asks a judge to command all 61 registered voters in Montezuma to appear in court so the judge can sort out an election mess that the petition calls “fatally flawed.” “I have never heard of anything like this,” said Andrew Cole, a spokesman for the Colorado secretary of state’s office. “This is certainly an unusual step to take.”

Colorado: Citizens United suing Colorado over “Rocky Mountain Heist” funders | The Denver Post

Citizens United filed a lawsuit against Colorado Secretary of State Scott Gessler in federal court in Denver Thursday, the first step in a legal fight that could rewrite the ways states handle election disclosures. The Virginia-based conservative group is finishing a movie called “Rocky Mountain Heist,” about those who have influenced Colorado’s political swing to the left over the past decade, calling out advocacy groups and politicians, likely including Gov. John Hickenlooper and Sen. Mark Udall, who are in tough races this fall. In June, Deputy Secretary of State Suzanne Staiert ruled that the group would need to disclose the movie’s financiers under state campaign laws. The organization contended it deserved the same free-speech protections as traditional media and liberal documentary filmmaker Michael Moore.

Colorado: Ballots to be preserved after some were discarded in Larimer County dual elections mix up | 7NEWS

Colorado Secretary of State Scott Gessler announced Tuesday that he adopted an emergency rule outlining procedures for counting ballots in the Larimer County primary election and the Loveland city election. In a news release, the Secretary of State’s Office said the issue involves the City of Loveland election running in tandem with the county’s primary election. Due to the two elections, affiliated voters in Loveland received two ballots, with one to be returned to the city and one to be returned to the county. Voters must return both ballots by 7 p.m. Tuesday.

Colorado: Secretary of State adopts emergency rule related to Loveland special election | Loveland Reporter-Herald

The Colorado Secretary of State’s office adopted an emergency rule Tuesday that forces the Larimer County Clerk and Recorder to count Loveland special election ballots that come in a county primary envelope. As a result of the city of Loveland running its own election separate from the Larimer County primary election, affiliated voters in Loveland received two ballots — one encased in a blue envelope that needs to be returned to the city and one in a white envelope returnable to the county. Larimer County Clerk and Recorder Angela Myers said last week that approximately 40 Loveland ballots that were received in Larimer County envelopes have been disqualified.

Colorado: Lone prosecutor in Gessler anti-vote-fraud campaign drops first case | The Colorado Independent

The charge has been dropped in what’s believed to be the first voter fraud case set for trial since Secretary of State Scott Gessler urged district attorneys statewide to prosecute people who purportedly are cheating Colorado’s election system. Mike Michaelis was scheduled to be tried today for allegedly procuring false information on a voter registration form. Michaelis, 41 and now in construction, registered voters in 2012 on behalf of Work for Progress, a nonprofit that, as its website states, campaigns “for social justice, a fair economy, consumer protection, clean energy, and the environment.” On a voter registration form submitted to Michaelis by Aurora resident Lydie Kouadio, a box was marked saying she is a U.S. citizen. Gessler’s office determined she isn’t. Her name was among 155 voters the Secretary of State deemed to be suspicious. Last June, Gessler sent prosecutors lists of residents in their districts for possible prosecution. In Arapahoe County, District Attorney George Brauchler’s office investigated Kouadio along with the 40 other people in his district Gessler was targeting. Instead of prosecuting Kouadio, Brauchler’s office charged Michaelis based on Kouadio’s claims that Michaelis filled out the registration form for her.

Colorado: After last year’s recalls, Colorado House Democrats pass change in law | The Denver Post

The Colorado House of Representatives passed, on a 37-28 party-line vote, a bill that will allow citizens to cast remote ballots in recall elections. Senate Bill 158 was being pushed by Democrats angered by the recalls last year of state Sens. Angela Giron and John Morse, who were voted out of office after their support for gun-control measures. A third Democratic senator, Evie Hudak, resigned rather than face a recall battle. Morse and Giron were removed after voter turnouts of 21 and 36 percent, respectively. Democrats argue that the outcome was, at least in part, the result of recall election laws, which effectively required voters to physically turn in ballots on a single day.

Colorado: Scott Gessler’s emergency election rule shot down by Colorado Supreme Court | Denver Westword

Secretary of State Scott Gessler overstepped his bounds when he issued an emergency rule on election night in November 2013 declaring that votes cast for ineligible candidates are invalid and shouldn’t be counted, the Colorado Supreme Court ruled this week. In a legal challenge brought by eight voters in the Adams 12 Five Star School District, the high court sided with the voters, finding that Gessler’s rule conflicts with a state law that says such votes “are to be counted and recorded.” The story behind the legal fight begins with Amy Speers, a nurse who decided to run for the school board against incumbent Rico Figueroa. Both wanted to represent District 4, which includes parts of Northglenn and Thornton. Speers’s campaign was going well, but a week before the election, Adams 12 officials discovered that she lives outside District 4. The boundaries for school board members had been redrawn in 2012, though Speers didn’t realize it when she signed up to run.

Colorado: Recall election changes clear hurdle | Associated Press

Century-old elections language sparked a fiery partisan debate in the Colorado Senate on Thursday as Democrats steered through an update to recall laws despite complaints that they’re trying to change the rules in their favor. The bill updates dusty recall requirements that were written long before modern elections procedures such as mail-in voting. The bill was approved on an unrecorded voice vote and faces a more formal vote before heading to the House. Democrats say the bill is not an attempt to make it harder to recall public officials, even though two of their own were ousted last year in the first state legislator recalls in Colorado’s history.