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.

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.