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.

Colorado: Court issues ruling on Colorado recall vote system | 7NEWS

The Colorado Supreme Court has reaffirmed its decision in two Colorado legislative recall elections that voters do not have to first vote “yes” or “no” on the recall to have their votes for a successor validated. The Colorado high court said Monday a state constitutional requirement that voters must first vote on the recall before voting for a candidate violates rights to voting and expression under the U.S. Constitution. The court’s written ruling came in response to a question from Democratic Gov. John Hickenlooper.

Colorado: Denver judge throws out late challenge to Amendment 66 | The Denver Post

A court ruling Tuesday evening knocked down a late challenge to the petition process that put Amendment 66, the proposed school finance overhaul and $950 million tax hike, onto the November ballot. A lawsuit brought by two opponents of the measure, former state legislators Bob Hagedorn and Norma Anderson, sought to invalidate nearly 40,000 signatures because of alleged missteps by petition circulators and effectively remove the issue from consideration by Colorado voters. The lawsuit claimed some circulators didn’t follow proper procedures. Those violations, the suit concluded, should invalidate the signatures, taking the total below the threshold required to put the measure on the ballot. Denver District Court Judge R. Michael Mullins ruled that the petition process was sufficiently compliant with the law.

Colorado: Stakes grow in new Colorado gun control recall effort | Los Angeles Times

When a pair of Colorado lawmakers were recalled last month in a referendum on gun control, opponents had this to console them: At least, they said, the twin defeats did not alter the balance of power in Denver, the state capital. Now gun rights advocates are looking to change that. Organizers have received official go-ahead to start gathering signatures in a bid to oust state Sen. Evie Hudak, a Democrat from the Denver suburb of Westminister, who was the target of a failed recall petition drive earlier this year. The group, certified by Colorado’s secretary of State, has until Dec. 3 to collect just over 18,900 signatures to force a vote. The stakes: control of the state Senate, which Democrats hold by a tenuous 18-17 edge.  Hudak, who is in her second term, was one of four lawmakers originally targeted after the Democratic-controlled Legislature passed a series of sweeping gun controls in response to mass shootings last year in Aurora, Colo., and Newtown, Conn. The measures, signed into law by Democratic Gov. John Hickenlooper, include a requirement for universal background checks and a limit on ammunition magazines like the one used in the July 2012 theater shootings in Aurora, another suburb of Denver.

Colorado: Final election results show Morse lost by 319 votes | Colorado Springs Independent

The final results are in for the recall election of Senate President John Morse — and it was a squeaker. With additional ballots counted, it turns out that Morse lost by just 319 votes. With the deadline for receiving military and overseas ballots passed, all possible remaining legal votes in the Senate District 11 Recall Election have been collected and tabulated. The El Paso County Clerk and Recorder’s Office announces the official final result of the election as follows: The final results include an additional 76 ballots from military and overseas voters and 22 polling place provisional ballots that were counted after signatures were verified.

Colorado: Officials reviewing voter fraud allegations | Colorado Springs Gazette

About 268 voters registered to vote or changed their address through election day to vote in the Senate District 11 successful recall of Sen. John Morse, D-Colorado Springs. The historic recall elections Tuesday in El Paso and Pueblo counties were the first under a new law that allows election day address changes and voter registration. Christy Le Lait, who ran Morse’s campaign to stay in office, said a stunt illustrating how to abuse that law that was covered widely by the media has cast a pall of doubt over those votes. “What is real, what isn’t, what’s fraud?” Le Lait asked. “I don’t even know how you start to look at that.” Morse, the sitting Senate president, was removed from office by 343 votes in the special election taken to the ballot by citizens angered by stricter gun laws who signed a recall petition. Le Lait said there are no plans to challenge the election results, which could be certified any day.

Colorado: Lawmakers Ousted in Recall Vote Over Gun Law | New York Times

Two Colorado Democrats who provided crucial support for a package of state gun laws were voted out of office on Tuesday in special elections seen as a test of whether swing-state voters would accept gun restrictions after mass shootings at a Colorado movie theater and a Connecticut elementary school. The vote, which came five months after the United States Senate defeated several gun restrictions, handed another loss to gun-control supporters and gave moderate lawmakers across the country a warning about the political risks of voting for tougher gun laws. The immediate effect of the recalls — the first of their kind in Colorado — was to remove two state senators, Angela Giron of Pueblo and John Morse of Colorado Springs, and replace them with Republicans. Although the election was confined to two small districts in Southern Colorado and does not repeal Colorado’s gun laws or change partisan control of the General Assembly, both sides spent heavily and campaigned fiercely, fighting to prevail in what analysts called a proxy battle between gun-control advocates and the National Rifle Association.

Colorado: Allegations of voter suppression efforts ignore the reality of recall elections | The Recall Elections Blog

We now have the usual flip side of the “gypsy voter fraud” allegations that we heard yesterday — an equally specious complaint of voter suppression. Part of the complaint is that the mail-in ballot law was tossed out for the recall. Nothing can be said about that — that’s the rules, and you got to play’em. The other, more important claim, is that the turnout is exceptionally low, even for a recall. However, this may not be borne out by facts. With a few, very noteworthy exceptions, recalls usually see lower turnout. Let’s look at another high profile state legislative recall. Arizona state Senate President Russell Pearce faced a recall which took place on an election day (albeit a true off year election). Election Day recalls should have higher turnout than a regular special election like in Colorado, and since Pearce was such a lightening rod, you might expect great turnout. Instead, 23,296 people voted, down from 31,023 who voted in the 2010 general election (when it was a safe seat).

Colorado: Democrats Accuse Opponents Of Voter Suppression | Huffington Post

The first recall election in Colorado’s history will determine on Tuesday the fate of two Democratic lawmakers, Senate President John Morse and state Sen. Angela Giron (Pueblo), who stand to lose their seats after voting for stricter gun laws earlier this year. But while national attention has focused on both recall fights as a referendum on gun control, anti-recall operatives say they’re battling an entirely different issue: Voting laws. Morse and Giron became the target of recall efforts after they supported a comprehensive gun control package that passed the state legislature in March. The reforms included background checks for all firearms purchases and a ban on high-capacity magazines that hold more than 15 rounds. Gun rights advocates, bolstered by the National Rifle Association, initially sought to recall four Democrats but only collected the required signatures to challenge Morse and Giron. But as the recall fight reaches an end, several Democrats working on the ground told The Huffington Post that if either Morse or Giron is defeated, it will be because their opponents were able to suppress voter turnout by making it difficult for constituents to cast their ballots. Turnout is typically low in recall elections, but one Democratic official estimated turnout of less than 15 percent across both counties.

Colorado: Gov. John Hickenlooper critical of Jon Caldara’s recall voting “stunt” | Denver Post

Gov. John Hickenlooper is the latest to weigh in with concerns about Jon Caldara’s residency switch Saturday so he could vote in the recall election of Senate President John Morse of Colorado Springs.  Caldara, a longtime Boulder resident, said he was was trying to make a point that a new election law passed by Democrats and signed into law by Hickenlooper in May undid residency requirements that had been in Colorado law for years. “We are hearing disturbing reports that some people are being encouraged to go to the polls, not to legitimately vote, but to disrupt the process,” Hickenlooper said in a statement issued today. “That would be unlawful and makes a mockery of the democratic process. We urge the county clerks in Pueblo and El Paso counties to make clear that people engaged in attempting to disrupt the elections are open to criminal prosecution. We’ve also reached out to the attorney general to help us ensure fair elections take place this week.” Morse and another Democratic senator, Angela Giron of Pueblo, face recall elections Tuesday for their support for gun legislation in the 2013 session. The Independence Institute opposed the bills, and Caldara talks about the election law on the group’s web site. The governor’s spokesman, Eric Brown, on Sunday talked about “political stunts.”

Colorado: County clerk discounts voter fraud allegations | The Gazette

As voters continued to cast ballots early in the recall election Saturday, questions swirled about voter fraud and ballot box stuffing. The fears are, so far, unfounded. Although Jon Caldara, president of the think tank Independence Institute, cast a blank ballot in the election Saturday to prove a point that ‘gypsy voting’ is very real. Caldara lives in Boulder but attested a Colorado Springs address was his permanent residence in a sworn affidavit. “It is easy to move voters around,” Caldara said Saturday morning after casting a ballot he left blank at the Garden of the Gods voting center. “The whole purpose of this was to finally show what I think and I speculate happens often, that people come and use this same-day voter registration to move voters around.”

Colorado: New El Paso County resident Jon Caldara turns in blank recall ballot | The Denver Post

Republican Jon Caldara changed his voter registration Saturday morning from Boulder to El Paso County, saying a flawed election law Democrats passed earlier this year allows him to claim residency in another jurisdiction. But Caldara didn’t mark a ballot in the recall of Senate President John Morse of Colorado Springs, a Democrat who faces ouster for pushing through stricter gun laws in the 2013 session. Caldara is president of the Independence Institute, a think tank that fought the gun legislation and would like to see Morse lose his seat. Critics of Caldara’s plan claimed he could be charged with vote fraud, but he said that’s not why he left his ballot blank when he submitted it. “The point was not to be that last vote for Morse — as delicious as that might be — the purpose is to show how easy it is under the new law to move voters from district to district,” he said. Caldara originally marked his ballot “VOID,” which resulted in the elections machine not taking it, so he received another ballot, which had to be specially entered into the voting machine because it was not filled out.

Colorado: A tale of two recall elections: Big contrasts in Colorado Springs, Pueblo | The Gazette

About 2,800 voters in Pueblo have already cast ballots in the recall election over three days of early voting, but in Colorado Springs polls have yet to open. It’s a contrast that has raised eyebrows at more than one advocacy group for public engagement and voting rights. “It’s a huge concern for us,” said Elena Nunez, executive director of Colorado Common Cause. “It’s the first time in many, many years voters won’t be able to get mail ballots and that’s created a lot of confusion and uncertainty about where people can vote.” Nunez said giving voters more chances to access the ballot is particularly important given the uncertainty leading up to the recall elections. Several court rulings have changed how the election would be handled – causing several iterations of election rules. Voters in Pueblo and Colorado Springs will decide on Sept. 10 whether to recall their state senators for gun legislation passed during the 2013 legislative session. Only residents within the districts of Sen. John Morse, D-Colorado Springs and Sen. Angela Giron, D-Pueblo get to vote.

Colorado: District Attorney Bruce Brown: Non-citizen voter fraud suspicions unfounded | Summit Daily

Suspicions of voter fraud in the 5th Judicial District of Colorado are unfounded, according to a news release issued last week by the district attorney’s office. In July, at the request of Colorado Secretary of State Scott Gessler, 5th Judicial District Attorney Bruce Brown and his staff launched an investigation into three people suspected of being non-citizens who may have illegally cast an electoral ballot as far back as the year 2000. Statewide, the Secretary of State’s Office identified 157 voters as being potential non-citizens. By law, when the secretary of state requests a district attorney to investigate voter fraud, the office has a duty to comply and then prosecute persons who have committed a crime, the release stated. On Aug. 30, the 5th Judicial District Attorney’s Office announced it had concluded its investigation and determined the three voters in question were either United States citizens — legally eligible to participate in the electoral process — or their alleged ineligibility took place outside of the statute of limitations. Local findings are consistent with those statewide, the release stated. Few if any of the 157 suspected non-citizens could have been accused of voter fraud in recent elections.

Colorado: Judge tosses some of Scott Gessler’s rules for recall election | The Denver Post

A Denver District Court judge on Thursday ruled that the office of Secretary of State Scott Gessler went overboard when establishing rules for the first-ever recall elections of state legislators. “I do not think any of the matters that we’re about to deal with were enacted or adopted by the secretary of state’s office in bad faith,” Judge Robert McGahey said. “But I think some of them were wrong.” Two Democrats — Senate President John Morse of Colorado Springs and Sen. Angela Giron of Pueblo — face ouster over their support for gun-control legislation during the 2013 session. Their elections are Sept. 10.

Colorado: Ortiz will open voting Friday after Denver judge approves use of voter cards | The Pueblo Chieftain

Pueblo voters can start casting ballots in the contentious Sept. 10 recall election beginning Friday at one location — the Pueblo County election’s office at 720 N. Main St., from 9 a.m. to 6 p.m. County Clerk Gilbert “Bo” Ortiz made that announcement today after a Denver district court judge ruled that Ortiz could use voter information cards as a quick way to get voters through the process. All voters will have to sign a signature card affirming their identity. The recall election is for state Sen. Angela Giron, D-Pueblo. “We’ll have that one polling place open starting Friday and also on Monday, Labor Day,” Ortiz said after Denver District Judge Robert McGahey ruled on a number of challenges to the recall rules proposed by Secretary of State Scott Gessler.

Colorado: Voter ID card before judge | The Pueblo Chieftain

Pueblo County Clerk Gilbert “Bo” Ortiz was back in Denver District Court Wednesday challenging a rule that bars him from using county-created identification cards as proof of voter identity in the Sept. 10 recall election for state Sen. Angela Giron, D-Pueblo. Denver District Judge Robert McGahey said he would rule on that question and others related to the recall elections Thursday. For instance, the Libertarian Party is challenging the legality of letting voters use an “emergency” email ballot that does not protect their identity. Ortiz already has sent out the yellow voter cards to Senate District 3 voters and each has the voter’s name, address and a voter identification number. Ortiz intended them for fast “express” voting. Secretary of State Scott Gessler advised Ortiz late Tuesday those cards can’t be used as proof of identity. Gessler said Ortiz must stick to previously accepted documents for voter identification, such as a utility bill, driver’s license or passport.

Colorado: Election complaint filed against recall candidate Bernie Herpin | The Gazette

A Manitou Springs woman has filed a complaint against recall election candidate Bernie Herpin for ads he sent out attacking the Democratic senator he hopes to replace. The door hanger, which says “Paid for by Bernie Herpin for Senate District 11” advocates for the recall of Sen. John Morse, D-Colorado Springs. Ann Schmitt says in the complaint that candidate committees are supposed to refrain from spending money or advocating in issue campaigns. The recall portion of the ballot is an issue campaign – with committees advocating for voters to vote ‘yes’ or ‘no’ to kick Morse out of office. The second portion of the ballot is a candidate campaign – with the Republican candidate Herpin advocating for votes to replace Morse if he is recalled. So Morse’s campaign, which is an issue committee, would be unable to campaign against Herpin who is a candidate and vice-versa.

Colorado: Court issues guidance to count recall votes | The Coloradoan

Voters in two Colorado legislative recall elections over new gun laws don’t have to first vote “yes” or “no” on the recall to have their votes for a successor validated, the state Supreme Court said Tuesday. A state constitutional requirement saying voters must first vote on the recall before voting for a candidate violates rights to voting and expression under the U.S. Constitution, the Colorado high court said. The court’s brief statement came in response to a question from Democratic Gov. John Hickenlooper. The decision is the latest twist in recalls that have triggered legal challenges and drawn the attention of big-money contributors like New York Mayor Michael Bloomberg and the National Rifle Association. Bloomberg wrote a check for $350,000 to support the Democratic candidates targeted for recall, according to the latest campaign finance disclosures.

Colorado: State Supreme Court strikes down voting rules in Recall Election | Examiner.com

The Colorado Supreme Court ruled that Colorado’s constitutional provisions governing the process for casting votes in Recall elections violate the First and Fourteenth Amendments to the U.S. Constitution, forcing last-minute changes to ballots and voting instructions in Colorado’s legislative Recall elections. The Colorado Supreme Court’s Order (to be followed by a full written Opinion at a later date) was issued in response to an interrogatory (request for judicial clarification) filed late last Friday by Colorado Governor Hickenlooper, seeking the court’s guidance on whether the requirements of the Colorado Constitution (Article XXI Section 3) for voting on the Recall question and possible successor candidates are consistent with the the First and Fourteenth Amendments to the U.S. Constitution:

Colo. Const. art. XXI, § 3 requires an elector who wishes to vote for a successor candidate in a recall election to also cast a ballot on the recall issue. Is this requirement consistent with the First and Fourteenth Amendments to the United States Constitution?

Colorado: State Supreme Court asked for guidance on recalls | Associated Press

Gov. John Hickenlooper wants guidance from the Colorado Supreme Court on how to count votes in two legislative recall elections, asking whether people have to answer “yes” or “no” first on whether they support the recalls to have their votes for a successor validated. The question is important because if it’s not resolved a legal challenge could then require a recount or even invalidate the entire election, according to a filing late Friday from Attorney General John Suthers on behalf of the Democratic governor. “A successful challenge would, at a minimum, require a recount, although a direr outcome — such as the invalidation of the entire election based on the distribution of faulty ballots — cannot be ruled out,” the court filing said.

Colorado: Election day voter registration attacked by GOP, defended by Democrats in Colorado | The Gazette

A politically polarizing new election law will get its first test run during the Sept. 10 recall elections in Pueblo and Colorado Springs. Same-day voter registration became mandatory with an elections overhaul bill that was signed into law in May. Democrats say allowing voters to register on election day provides greater access to the polls; Republicans say it will lead to rampant election fraud. It’s a debate being played out across the nation this year as states weigh the issue. The new law – HB1303 – will get its first test run during elections that are historic for being the first recall elections of state-level officials in Colorado. Voters will decide in two weeks whether to keep Sen. John Morse, D-Colorado Springs, and Sen. Angela Giron, D-Pueblo, in office.

Colorado: Emergency, not absentee, ballots available in recall election | The Pueblo Chieftain

For those with illness, disabilities or who can’t be present to vote at the polls in the September recall election, emergency ballots will be available. Absentee ballots will not be issued, Pueblo County Clerk and Recorder Gilbert “Bo” Ortiz said Tuesday. Emergency ballots, in this special election, are similar to absentee in a general election, but Ortiz urged voters to cast their ballots at polling centers.

Colorado: Concerns over military voting in recall election | The Pueblo Chieftain

It’s a scramble to make sure the recall elections of state Sens. John Morse and Angela Giron are fair after a judge ruled that candidates can join the race up until 15 days before the election. Some are concerned about the more than 900 military and overseas voters who’ve already received ballots that will likely be outdated by the time the Sept. 10 election day arrives. “Military service members overseas are going to have a difficult time voting and, if they do vote, many are going to lose the right to a secret ballot,” said Garrett Reppenhagen, a veteran and member of the nonprofit Vet Voice Foundation. For all elections, military members can vote through email, fax or a secure website, but they waive their right to a secret ballot when voting this way. One person in the county elections office sees their name and vote. “I think just trusting the fact that one person is going to see your ballot, and it’s not necessarily secret isn’t comforting to every service member and every voter,” said Reppenhagen.

Colorado: State Supreme Court declines to hear recall appeal | The Denver Post

The Colorado Supreme Court on Thursday declined to hear an appeal that sought to throw out this week’s ruling by a Denver district judge that recast a pair of recall elections of state lawmakers. The decision means Monday’s ruling by District Judge Robert McGahey stands. McGahey agreed with arguments made by the Libertarian Party of Colorado that prospective candidates in the recall elections of Democratic Sens. John Morse of Colorado Springs and Angela Giron of Pueblo can petition onto the ballot up until 15 days before the Sept. 10 election.

Colorado: Boulder County DA Stan Garnett clears all 17 suspected illegal voters | Boulder Daily Camera

Last month, Colorado Secretary of State Scott Gessler gave Boulder County District Attorney Stan Garnett a list of 17 names, all suspected of voting in the November election despite being non-citizens. Those names were among 155 people identified statewide as possible illegal voters. But an investigation by Garnett’s office found that all 17 people were citizens and were able to easily verify their status, the district attorney said Wednesday. Garnett said the outcome shows Gessler’s emphasis on finding ineligible voters and eliminating them from the voter rolls is a waste of resources and politically motivated. “Local governments and county clerks do a really good job regulating the integrity of elections, and I’ll stand by that record any day of the week,” Garnett said. “We don’t need state officials sending us on wild goose chases for political reasons.”

Colorado: Pueblo County Clerk asks high court to restore mail-ballot recall | The Pueblo Chieftain

Pueblo County Clerk Gilbert “Bo” Ortiz filed his appeal to the Colorado Supreme Court this afternoon, arguing that a Denver judge’s decision this week should be overruled and that a mail-ballot recall election on Sept. 10 should go forward as originally planned. State Sens. Angela Giron, of Pueblo, and John Morse, of Colorado Springs, face recall elections that day. Both are Democrats being targeted for supporting gun-control laws this year. Ortiz’s appeal says District Judge Robert McGahey erred in upholding the state constitution’s wording that says recall candidates should have until 15 days before the election to petition onto the recall ballot.

Colorado: Recall Election Update: Libertarians Strike Back | The American Spectator

As I mentioned yesterday, the Libertarian Party of Colorado sued the State of Colorado to get more time to petition candidates on to the ballots to replace two state senators who are facing recall elections. It seemed to me that the Libertarians were likely to win because their argument was based squarely on the state constitution, even though a victory by them would through some chaos into the election, particularly by making it impossible to conduct a proper mail-in ballot election. Indeed, news reports say that despite the recent passage of a law that requires all major Colorado elections to be by mail, this election will not be. Yesterday, the judge in the case ruled for the Libertarians, meaning they will have until late August to try to submit enough valid signatures to have their candidates’ names appear on the ballot.