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Luke Danielson cited a number of what he believes are errors in the town’s lawsuit, including basing the suit on a repealed statute, failing to challenge an election in the allotted time and failing to name the 61 respondents who could be forced to appear before a judge.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.

Colorado: Senate panel moves forward on recall bill | The Denver Post

Democrats moved forward Friday with a measure they say will boost voter turnout in recall elections, despite strong opposition from Republicans assailing it as unconstitutional. The legislation looks to harmonize language in state statute with Colorado’s constitution in regard to the recall election process. Under the constitution, a candidate has up to 15 days before Election Day to submit signatures so that the candidate’s name can appear on the recall ballot.

Colorado: Democrats unveil legislation surrounding recall elections | Colorado Statesman

Democrats this week unveiled legislation that aims to correct some of the legal conflicts revealed last summer during recall elections of two Senate Democrats that nullified mail balloting and contributed to the Democrats’ loss. During an impromptu media availability hosted by Senate Democrats on Monday, lawmakers proposed a measure that would modify a provision in state statute that allows a person to petition onto a recall election ballot 15 days before the election date. The provision was highlighted during a Denver District Court case this summer challenging the recall elections of then-Senate President John Morse of Colorado Springs and then-Sen. Angela Giron of Pueblo. Both lawmakers were subsequently ousted from office for their support of gun control after the court allowed the elections to continue. The Libertarian Party of Colorado filed the lawsuit, arguing that they had not missed a 10-day deadline to submit signatures in order to petition a successor candidate onto the ballot. The case pointed out that state law mandates that ballots be mailed no later than 18 days before the election. But the state constitution requires that successor candidates have up to 15 days before the election to submit signatures.

Colorado: Democrats propose tweaks to recall elections | 9News

With last year’s recall elections fresh in their minds, leading Democrats in the Colorado Senate laid out a case for changes in state laws governing recall elections. Democrats insisted their aim was to clear up confusion about how recalls work and encourage more voter participation, saying nothing in the bill they’re introducing would make it tougher to attempt to recall a public official in Colorado. “As to the ability to actually recall someone or whether it’s harder or easier, it’s agnostic on that,” said Senate President Morgan Carroll. “It’s neutral. It doesn’t really affect that.”

Colorado: Recall proposal sparks partisan dustup | Associated Press

Calling Colorado election law “dusty” and confusing, Democrats announced a plan Monday to update recall election regulations. Democrats called the plan nonpartisan, a straightforward effort to address conflicting, confusing language in state elections code. Republicans didn’t bite, immediately deriding the proposal as an effort to circumvent constitutional requirements for recalls. Colorado’s recall language came into focus last year, when two Democratic state senators were recalled over support for gun-control measures including expanded background checks.

Colorado: El Paso County plan would add polling places within minutes from every resident | The Gazette

By the 2014 primary and general elections, more than 90 percent of El Paso County voters will have polling places and ballot drop-off locations within 10 minutes of their homes. Clerk & Recorder Wayne Williams discussed his office’s 2014 plans with the Board of County Commissioners Thursday. A doubling of polls and drop-off sites will make sure elections in Colorado’s most populous county go off without a hitch and, more importantly, in compliance with a state law passed in May of 2013. Colorado House Bill 13-1303 outlines its polling center and drop-off requirements based on population. According to Williams, the law requires El Paso County to have 23 polls for general elections, four for primaries and 11 24-hour ballot drop-off locations.

Colorado: Tracking Voters in Real Time in Colorado | National Journal

Hoping to make voting accessible without opening the door to fraud, Colorado is turning to technology. In 2013, the state Legislature created Colorado’s own “electronic pollbook,” a new real-time voter-tracking system that allows the state to combine an all-mail election with traditional in-person voting, maximizing the opportunities for residents to cast ballots. Colorado already had a robust vote-by-mail system—about three-quarters of the state’s voters mailed their ballots in 2012—but now, every registered voter in the state, including previously “inactive” voters, will receive a mail ballot in upcoming elections. Yet unlike in Washington state or Oregon, which run all-mail elections, Coloradans can still vote in person if they choose. Instead of being tethered to a local precinct, voters can cast ballots or return their mail ballots at any “voting center” in their county, where poll workers can check them in using the real-time connection in the new e-pollbook to ensure they haven’t already voted using a mail ballot. The process is spread over a couple of weeks of early voting and Election Day itself to reduce crowding and wait times at polling places.

Colorado: Senate passes elections bill over stiff GOP opposition | The Denver Post

An elections bill that took several strange turns through the legislative process passed the state Senate Friday, helping to quell concerns of anxious fire districts and city councils worried about having enough time to prepare for spring elections. House Bill 1164 is an update of the election code for nonpartisan elections: municipal, special district and school districts. Democrats say it creates one standard for residency in Colorado elections and allows people who move the ability to vote where they live. But Republicans argued the bill invites voter fraud and is a continuation of problems created with last year’s Democratic elections measure that allowed for all mail ballots and same-day voter registration. The measure passed the Democratic-controlled Senate on a party-line vote.

Colorado: GOP wants to nix same-day voter registration | Associated Press

Colorado Republicans on Monday launched their bid to undo a new elections law that allows same-day registration, saying they’re still not convinced the change isn’t a recipe for possible voting fraud. Democrats insist the new law is sound and won’t be going anywhere. The Republican proposal includes a two-year “time out” on the new law, which added same-day registration and a requirement that ballots go by mail to all registered voters. Republicans want to undo that law, at least temporarily, while a bipartisan panel reviews the measure. Republicans say the law is riddled with problems, such as conflicting residency deadlines between state and local races. Their main gripe, though, is same-day voting registration, which makes voting more convenient for people who forget to register but could also make it more difficult to determine who’s eligible to vote in an election.

Colorado: Democrats nix GOP bills dealing with mail ballots | Associated Press

Democrats on Monday rejected proposals from Colorado Republicans that would make mail ballots optional and allow anyone to challenge votes cast by mail. The bills failed Monday on 3-2 party-line votes in a Senate committee. Last year, Democrats passed an election-law overhaul that, among other things, allowed voter registration on Election Day and required mail ballots for every registered voter. Republicans have criticized the election changes and have expressed concerns over possible fraud. They have pledged to try this year to address portions of the new election rules or try to undo them. But with Democrats controlling both legislative chambers, they will be facing long odds. That was apparent Monday with a couple of the bills they argued for, and the Republican sponsors saw the fate of their proposals coming.

Colorado: Officials: State should pay for recall | The Pueblo Chieftain

Pueblo County Clerk Gilbert “Bo” Ortiz and Republican lawmakers often don’t see eye to eye on election issues, but they do on one: The state ought to pay the cost of last year’s recall elections in Pueblo and El Paso counties. New state Sens. George Rivera, R-Pueblo, and Bernie Herpin, R-Colorado Springs, have signed onto a letter to Secretary of State Scott Gessler this week that insists the state should cover the $270,000 it cost Pueblo County and the $150,000 it cost El Paso County to conduct the special elections last year. Those recall races ousted Democratic state Sens. Angela Giron, of Pueblo, and John Morse, of Colorado Springs. Rivera and Herpin were elected to replace them.

Colorado: No charges against activist who voted in recall to point out flaws in Colorado law | The Gazette

The Attorney General’s Office will not charge Jon Caldara for voting in the September recall election of Sen. John Morse, despite what investigators deemed extremely suspect behavior. Caldara, a longtime Boulder resident and a Republican, used a new same-day registration law to register to vote in El Paso County and cast a ballot in the recall election. Caldara told the media that he was voting to prove a point: that the Democrats’ new election law was flawed and allowed voters to move from district to district and vote in close elections with little recourse. “It’s not a big surprise. I wasn’t worried about it,” Caldara said of the decision. “This law was created to legalize voter mischief. It was created so that voters could be moved around into districts where their vote was most needed at the very last moment of the campaign. All I did was to make public what happens privately.”

Colorado: Group files suit against Colorado county clerks over voter rolls | The Denver Post

A national conservative organization that aims to address voter fraud filed lawsuits Monday against two Colorado county clerks for what it says is improper maintenance of voter rolls. True the Vote alleges clerks from Gilpin and Mineral counties have voter registration rates — according to the group’s analysis — of more than 100 percent, which it says signifies a problem. As a result, the group says, the clerks haven’t complied with the Voter Registration Act of 1993 by not making “a reasonable effort to conduct voter list maintenance programs in elections for federal office.”

Colorado: Proposals underway to change how Coloradans elect candidates, vote | The Denver Post

A powerful chief executive who championed election reform in California and a politically disillusioned private eye are looking to upend the way elections are conducted in Colorado. The changes could create unfamiliar scenarios: Republicans and Democrats voting in each other’s primaries or unaffiliated voters automatically participating in the primaries without changing their registration. Or even replacing the primary with a preliminary election where the top two vote- getters among a pool of candidates advance to the general election, even if that means both candidates are from the same party. At least two people are leading discussions about changing Colorado’s elections. Kent Thiry of Cherry Hills Village is chief executive of DaVita, a Denver-based kidney dialysis company. Private investigator Ryan Ross of Denver is director of the Coalition for a New Colorado Election System. Both believe the current system is controlled by “partisan purists.”

Colorado: Voter turnout spurred by registration, mail ballots, hot issues | Denver Post

Whether it was local issues like secession from Colorado, or statewide school taxes, pot taxes or a new law that mailed a ballot to every voter, the numbers don’t lie. Turnout on Tuesday was remarkable: 319,225 more ballots cast this year compared to 2011, the last election without a presidential, gubernatorial or congressional race driving the fervor. To put it in perspective, that’s close to the whole population of Aurora joining the electorate this time around — or two Fort Collinses or three Boulders or 30 Lone Trees. You get the idea. (OK, one more 72 Ouray counties.) What drove the increase? A lot of things. Some of it could be attributed to almost 212,000 more registered voters since 2011 — from 3,350,219 two years ago to 3,562,184 on Tuesday. Colorado legislators this year also made mail-balloting the law, rather than just an option. The state has allowed voters to chose to get a ballot mailed to them for quite awhile, and in the general election last year 74 percent chose to do so. This year, that number grew to 100 percent of those, plus many more who had been deemed “inactive” for not voting in recent elections. Getting a ballot without leaving home likely pulled many of them still living in the state back into the fold.

Colorado: Evie Hudak resigns: Colorado state senator avoids recall election | The Denver Post

State Sen. Evie Hudak resigned her seat Wednesday, ending a recall effort being waged against her days before gun-rights activists were to turn in petitions to try to oust the Democrat from office. In her resignation letter, Hudak said her decision would spare Jefferson County residents from having to shell out more than $200,000 for a special election, especially after the county has cut programs for seniors and mental health. She praised the gun laws Democrats passed in the 2013 session that sparked recall efforts against her and two fellow senators, Senate President John Morse of Colorado Springs and Sen. Angela Giron of Pueblo. Several Democratic lawmakers conceded that a recall election would have served as a distraction during the 2014 session for them and for Gov. John Hickenlooper, who is up for re-election. And if voters in Hudak’s district had voted to oust her and replaced her with a Republican, the GOP would have gained control of the Senate by one seat. Democrats now have only an 18-17 majority over Republicans, thanks to the successful recalls of Morse and Giron, who were replaced by Republicans. Under Colorado law, Hudak’s successor will be a member of her own party.

Colorado: The Gessler 155: Zero prosecutions of people secretary of state says voted illegally | GJSentinel.com

Since taking over the Secretary of State’s Office in 2011, Scott Gessler has loudly and repeatedly claimed that non-citizens were illegally voting in Colorado elections. The Republican, who has long called for a new law requiring people to show proof of citizenship before voting, made national news when he went before Congress that year making a blockbuster statement that 16,270 non-citizens were registered to vote in Colorado and 5,000 of them actually had cast ballots in the 2010 state elections, when Democrat Michael Bennet narrowly defeated Republican Ken Buck for the U.S. Senate. But since making those claims, Gessler’s office said it has been able to identify only 80 non-citizens statewide who were on the voter rolls over the past nine elections, representing 0.0008 percent of the more than 10 million ballots that have been cast in those general elections, and those ballots don’t include primary races or local elections that were held during that time.

Colorado: So far, so good for mail balloting in Colorado | The Denver Post

Back in April when a new election law was making its way through the legislature, we expressed doubts about whether there’d be time by Election Day to prepare the underlying technology. So we’ve got to hand it to all involved in last week’s election: It went as smoothly as anyone could have hoped, even with the bells and whistles of same-day registration, universal mail ballots and ballots sent to inactive voters. Next year’s midterm election, which features contests for U.S. Senate and governor, will of course attract more voters and pose a bigger challenge. But nothing in this year’s experience suggests the system won’t be ready. It is now remarkably easy to vote in Colorado — even easier than in 2012, when it was already a breeze. And that’s a good thing, even if the mechanism — paper ballots and stamps — seems remarkably retro in this golden age of electronic communication.

Colorado: State Election Law Once Again Challenged in Colorado Courts | Examiner.com

The Colorado Election Law, HB13-1303 Voter Access and Modernized Elections Act of 2013, passed in haste last legislative session on a straight party-line vote (the Senate sponsors of the bill, Angela Giron and John Morse, were subsequently removed from office in Colorado’s first legislative recall elections in state history) has once again been challenged in court. The Libertarian Party of Colorado, joined by several individual plaintiffs, filed suit in Denver District Court (Saturday, 2 November 2013) seeking to ensure that voters in this year’s coordinated (nonpartisan) municipal and special-district (including school board) elections were able to vote – and only able to vote – on those races for which they were eligible under state statute and the provisions of the Colorado Constitution.

Colorado: Libertarian Party of Colorado sues for voting rights | Washington Times

The Libertarian Party of Colorado filed suit in Denver District Court Friday, seeking immediate relief from the inherent conflicts in and unlawful implementation of HB 1303, the Voter Access and Modernized Elections Act. It is also widely known as the Voter Fraud Bill for its “catch me if you can” approach to voting integrity. The suit claims that the new law disenfranchises voters because of the way it changes residency requirements. Since the requirements of the law conflict with local election codes, county clerks have implemented the law in different ways, making things even worse. The defendants in the case are Secretary of State Scott Gessler, county clerks Gilbert Ortiz (Pueblo County), Wayne Williams (El Paso), Jack Arrowsmith (Douglas), and Matt Crane (Arapahoe), representing a defendant class of all Colorado County Clerk & Recorders.

Colorado: No violation: Jefferson County ‘duplicate ballot’ was a Delta County special election ballot | The Colorado Independent

The mystery “duplicate ballot” was photographed, tweeted about and then shredded. In its internet afterlife, it was held up as evidence that recent electoral reforms centered around universal mail ballots were opening the state to fraud. In fact, the mystery ballot demonstrated that the system is working as well as it ever has done, and maybe better. It took a few days and some digging, but now it’s clear that the ballot was a Delta County special election ballot. It was mailed to Republican state House candidate Jon Keyser, an attorney at major Colorado law firm Hogan Lovells and a former Air Force intelligence officer. Keyser lives in Morrison, in Jefferson County, but he owns a Delta County parcel of land. He is eligible to vote in two elections. Keyser received two ballots in the mail because that’s how it works. They’re different ballots. He is being asked to vote in Jefferson County as a resident and on a long-term financing deal for Delta County’s Grand Mesa Water Conservancy District.