Colorado: Secretary of State Scott Gessler won’t face criminal charges, Denver grand jury says | Longmont Times-Call

A Denver grand jury ruled Wednesday that Secretary of State Scott Gessler did not violate the law when he used his office’s discretionary fund to pay about $1,300 to attend the Republican National Lawyers Association meeting in Sarasota in August. However, the panel rebuked Gessler for using state money on the trip, and the secretary’s subsequent trip to the Republican National Convention in Tampa. “The Grand Jury finds there was no criminal conduct related to the use of Discretionary Funds to attend the RNLA conference, in light of the Secretary of State speaking on a panel, the election law training at the conference, and the accreditation by Colorado Supreme Court for the CLE,” the report stated. “However, the Grand Jury believes that the Secretary of State’s decision regarding the use of the Discretionary Fund in order to attend a partisan and political conference like the RNLA was not prudent, especially when it was followed by a trip to the Republican National Convention.”

Colorado: Lawmaker who supported gun control to face recall election | Fox News

The Colorado secretary of state’s office on Tuesday declared that organizers behind a recall petition against a Colorado lawmaker who supported gun control had enough valid signatures to set up the first potential recall of a state lawmaker in Colorado history. The secretary of state said opponents of Senate President John Morse, D-Colorado Springs, gathered more than 10,000 valid signatures. They only needed 7,178 valid signatures, equaling 25 percent of all the votes cast in the previous state Senate election. The recall election would likely in occur in September, though legal challenges could drag the process into October. Lawyers for Morse are challenging the recall effort. They argued that the petition fails to use language defined in the Colorado constitution that “expressly include a demand for the election of a successor to the recalled official,” The Denver Post reported.

Colorado: Secretary of State Scott Gessler wrong to use state funds for trip, ethics commission rules | The Denver Post

Secretary of State Scott Gessler “breached the public trust for private gain” when he used his office discretionary fund to pay for a trip to a Republican lawyers conference in Florida, the state ethics commission ruled Thursday. He also violated state ethics law when he kept $117.99 left in the fund last year, rather than submit receipts that he said accounted for hundreds of dollars more for unreimbursed mileage for state business. The commission penalized Gessler twice the amount in dispute, about $1,400, minus about $1,278 he chose to repay last month (to avoid any appearance of wrongdoing, his lawyer, David Lane, said). The precise amount will be published in the final order Tuesday. Gessler issued a written statement after Thursday’s ruling accusing the five-member bipartisan commission of being out to get him.

Colorado: In Senate President recall, questions swirl with signature verification | The Denver Post

Senate President John Morse remains adamant he will charge forward into what could be the first recall election of a state lawmaker in Colorado history, though organizers in support of the Colorado Springs lawmaker are weighing all their options — including the possibility of Morse stepping down — before any election date is set. “Decisions are happening nonstop in a recall,” said Kjersten Forseth, a consultant to A Whole Lot of People for John Morse, who notes that resignation is an option, though it’s not a focus at this point. “As a team, we’re always re-evaluating where we are on a daily basis. It’s not something you can map out like in a normal campaign.” Organizers vying to oust Morse because of his leadership in the passage of tougher gun-control laws submitted 16,199 signatures to the secretary of state’s office last week, and of that total, 7,178 are needed to spark a recall election. Verification of those signatures could come as early as this week, and Morse backers note that they plan to contest every signature submitted if enough are verified to move forward with a recall election.

Colorado: Judge voids Center election but finds no intentional wrongdoing | Center Post Dispatch

After winding up testimony from Town Clerk Christian Samora and hearing closing arguments from both sides Thursday, District Judge Martin Gonzales rendered a timely decision Friday morning on the March 19 Center recall election. Gonzales based his decision strictly on the ruling handed down in the 1964 Colorado Supreme Court decision Taylor v. Pile: “If any absentee ballots are “numbered in such a manner that the vote of any person thereafter may be determined by comparison with the number on the ballot and the poll registration book is contrary to the state of Colorado’s constitutional and statutory guarantee of a secret ballot and, therefore, void ab initio [from the beginning].”

Colorado: Senate President John Morse and Colorado’s unique resignation angle | Recall Elections Blog

As mentioned earlier, the Colorado state Senate President John Morse recall runs into a unique provision (at least for recall states) that could allow the Democrats to keep the Morse seat without a recall. However, the provision requires some explanation: The trick would only works if Morse resigns before the recall is certified to go to the ballot, and a stray sentence might limit it even further. Here’s how it appears to work. Colorado’s Constitution (Article V section 2)  requires that any state legislative vacancy be filled by a “member of the same political party…” Colorado fills its vacant state legislate seats by appointment by the county committee, not by special election. Therefore, if there is a resignation, a Democrat must be selected to fill the seat. But timing the resignation is critical.

Colorado: Ethics Commission opts to proceed with Scott Gessler hearing | The Denver Post

The Colorado Independent Ethics Commission decided Monday to proceed with a hearing Friday on whether Secretary of State Scott Gessler misused office money, including nearly $1,300 to go to Florida last year for a Republican lawyers conference. While in Florida, he attended the Republican National Convention, then bought a new ticket to fly home early after an e-mailed threat against his family. Gessler repaid the money on May 23. Gessler, a Republican, is considering a run for governor next year. Commissioners, in a telephone conference call, didn’t speak directly to the reasons for pressing on. Nor did representatives from Gessler’s defense or Colorado Ethics Watch, which filed the complaint.

Colorado: Gessler repays state for political trips, mulls governor's race | The Denver Post

Secretary of State Gessler reimbursed the state nearly $1,300 for a political trip to Florida last year, renewing speculation he plans to run for governor in 2014. His political director, Rory McShane, said Gessler’s decision to reimburse the money — which led to an ethics complaint against the Republican office-holder — has nothing do with his election plans. Gessler on Thursday also filed a candidate affidavit for governor, which his office said was a campaign finance requirement after he publicly revealed last week he was thinking of taking on Gov. John Hickenlooper. Affidavits must be filed with 10 days of making a formal announcement or even signifying a possible run.

Colorado: El Paso County clerk says Colorado’s new election law will be costly | The Gazette

El Paso County will feel the pinch before the year is out from an elections bill that will kick in July 1. As a result of House Bill 1303, the upcoming November consolidated election in El Paso County will cost more, it will be tougher to find election judges and the likelihood of fraud will be higher, said Wayne Williams, El Paso County clerk and recorder. In the General Election in 2014, the impact will be more severe, Williams told the El Paso County commissioners on Tuesday. While the election in 2013 will cost an additional $134,212, in 2014 the county is looking at a whopping increase of almost $700,000. Most of the costs for this year’s election will be borne by school districts with upcoming board elections because counties bear the initial cost, then bill the jurisdictions. In the General Election, however, the county’s costs will soar.

Colorado: Ballot images from 2009 election online for public inspection | Aspen Daily News

Images of the ballots cast in the 2009 municipal election are available for public inspection now that a four-year legal battle between City Hall and an Aspen resident has come to a close. The city of Aspen made 2,415 ballot images available Thursday on its website, and released them to the attorney for Marilyn Marks, who sued the city for access to the ballots. There were a total of 2,544 ballots cast in the 2009 election; 129 of them have been withheld due to identifying markers that could be traced back to a voter. Marks, who on Thursday said she has not spent much time examining the images posted online, wondered why the city withheld 129 ballots and if officials plan to attempt to make contact with voters who cast them since it’s illegal to make distinguishing marks on a ballot.

Colorado: New election era dawns | Colorado Springs Independent

County Clerk Wayne Williams, a staunch Republican, can’t hide his frustration. State Rep. Pete Lee, an equally determined Democrat, can’t hide his elation. Many of the state’s other county clerks, who are Republicans, actually feel the same as Lee. Everyone who cares about how Colorado’s elections are run seems to have an extreme opinion about House Bill 1303, which sailed through the Colorado General Assembly in its final days and was signed into law last Friday. Mail ballots will now go out to all registered voters — in other words, there’ll be no more “inactive” voters — and residents will be allowed to register and vote on election day, as in nine other states (including Idaho, Montana and Wyoming, which generally lean conservative).

Colorado: New law redefines how Colorado elections are run | KDVR.com

On Friday, Governor John Hickenlooper signed a bill to overhaul Colorado’s elections system to include same-day voter registration and mailing ballots to all voters. It’s called the Colorado Voter Access and Modernized Elections Act, and it redefines how elections are run here in Colorado. The elections overhaul allows same-day voter registration, and it allows registered voters to receive ballots by mail. But people can still vote in person, drop off their ballot or mail it in. The law also eliminates the category of “inactive” voters, or those who skip even one election. Another key component of the bill is that voters can now vote at any of the voting centers established in the measure, instead of following the current system that designates precinct polling places.

Colorado: Following National Trend, Colorado Passes Law Expanding Voting Access | IVN

Last week, the Colorado Senate voted in favor of an important election reform bill, making the state the latest example of a nationwide trend to expand voting access. In 2011 and 2012, a number of state legislatures passed laws implementing new restrictions on voter access, including requiring voter IDs, shortening early voting periods, or making it harder to register to vote. These initiatives, often led by Republican-controlled legislatures, were more or less successful as some were prevented from taking effect by court decisions. In 2013, the new trend nationwide seems to be undoing the effects of these restrictive laws. According to the Brennan Center for Justice, at least 204 bills expanding voting access have been introduced in 45 states. In comparison, at least 82 restrictive bills have been introduced in 31 states.

Colorado: Hickenlooper Signs Colorado Election Rules Overhaul | CBS Denver

A Colorado elections overhaul that includes same-day voter registration and mailing ballots to all voters has been signed into law. Democratic Gov. John Hickenlooper signed the bill Friday afternoon. Republicans raised concerns about voter fraud and no GOP lawmakers voted for the bill. But Democrats who sponsored the legislation say the goal is to enfranchise more voters and make it easier to vote. They argue the fraud concerns are unfounded.

Colorado: Democratic-backed elections reform bill heads to Governor | Colorado Statesman

The Senate on Thursday backed sweeping elections reform legislation that has polarized the legislature, resulting in marathon debate that kicked off Tuesday when Sen. Ted Harvey, R-Highlands Ranch, moved for the entire 126 pages to be read at length. The Democratic-controlled Senate passed House Bill 1303 by a party-line vote of 20-15, despite the stall tactic. Amendments were later approved by the House, which sent the bill to Gov. John Hickenlooper, a Democrat, for his signature. Sen. Angela Giron, D-Pueblo, and House Majority Leader Dickey Lee Hullinghorst of Boulder and Assistant Majority Leader Dan Pabon of Denver sponsored the measure. Senate Reading Clerk Max Majors on Tuesday during second reading read the bill for about two and a half hours, with help from staff. Long-time Capitol observers could not remember another time when such a long bill was read at length. During the redistricting debate of 2003, the reading clerk was asked to read Senate Bill 352, but the measure was only 20 pages. Republicans, who debated the bill on Tuesday into Wednesday morning for nearly seven hours, view its passage as a power grab. One by one they took to the well, drawing out debate on the measure, while Democrats mostly sat at their desks, choosing not to speak during the Republican filibuster.

Colorado: Elections bill being signed | The Denver Post

The governor is expected to sign a measure into law that would redefine how elections in Colorado are run, allowing same-day voter registration and having ballots mailed to all registered voters. Democratic Gov. John Hickenlooper is expected to sign the Democrat-sponsored bill Friday, according to two people working closely with the measure. They asked to remain anonymous because an official announcement had not been made. The bill passed with unanimous support from Democrats, but not a single Republican voted for it, citing concerns about voter fraud with same-day registration. Republicans also argued the measure would be a game-changer for future elections, and some called the measure the most important of the session that was packed with contentious legislation.

Colorado: Colorado poised to join Oregon and Washington as third vote-by-mail state | OregonLive

Colorado would become the nation’s third all-mail ballot state in the country — after Oregon and Washington — under a bill sent by the Legislature to Gov. John Hickenlooper on Friday. The measure has raised a partisan ruckus in Colorado — not so much for the mail voting as for another provision in the bill that would allow prospective voters to register as late as election day. The bill passed on party-line votes in both houses, with the Republicans furiously claiming that election-day registration opened the state to widespread voter fraud. (Colorado currently cuts off registration 29 days before the election, compared to 20 days in Oregon).

Colorado: GOP Secretary of State Gessler squares off with Republican county clerks over election reform | Roaring Fork Valley News

Colorado’s Republican Secretary of State Scott Gessler arrived late to testify at the Senate committee hearing, but he came prepared. A practiced courtroom lawyer, he began slowly. He threw in folksy asides. He answered his own rhetorical questions. And he smiled at the majority-Democratic committee members as he railed against the election-reform bill they all support and that he wants desperately to derail. It was a dramatic moment in Colorado politics that had been building since Gessler took office two years ago.

Colorado: Senate OKs mail-ballot voting, as GOP maintains fraud concern | The Denver Post

The Colorado Senate passed a bill Thursday that would provide a ballot by mail to every state voter, allow vote centers for those who choose not to use the mail ballot and — controversially — allow people to register and vote on Election Day. The bill passed 20-15 with the full support of Democrats and no Republican votes. The bill passed the House on a party-line vote last month. Before it can go to Gov. John Hickenlooper for a signature to become the new way elections are held in Colorado, the bill must return to the House for approval because of “technical” amendments added in the Senate. While legislators in both parties liked the convenience of more by-mail voting, Election Day registration was the grist for the oratory mill.

Colorado: Colorado bill raises the possibility of voter fraud and intimidation, critics say | Washington Free Beacon

Colorado’s Democratic-controlled state legislature is ramming through an election bill that critics say will open the door to voter fraud and intimidation. The “Voter Access and Modernized Elections Act” is expected to pass the legislature this week. Democrats control both chambers of the legislature, as well as the governor’s mansion, meaning the bill could pass without a single Republican vote. The bill is under consideration amid accusations that Republicans in other states have tried to suppress the vote by passing laws that require some form of identification in order to vote.

Colorado: On Hot-Button Election-Reform Bill, It’s Gessler Versus the Clerks | The Colorado Independent

Colorado’s Republican Secretary of State Scott Gessler arrived late to testify at the Senate committee hearing, but he came prepared. A practiced courtroom lawyer, he began slowly. He threw in folksy asides. He answered his own rhetorical questions. And he smiled at the majority-Democratic committee members as he railed against the election-reform bill they all support and that he wants desperately to derail. It was a dramatic moment in Colorado politics that had been building since Gessler took office two years ago.

Colorado: GOP fights Colorado elections bill past midnight | The Denver Post

Furious about Democratic-proposed election changes, Colorado Senate Republicans pushed debate past midnight Wednesday arguing against same-day registration and sending ballots by mail to all registered voters before the bill received initial approval. Republicans set a partisan tone as debate got underway Tuesday evening, blasting Democrats for considering such a massive proposal with a week left in the legislative session. A GOP lawmaker asked that the entire 128-page bill be read to drive the point, and argued many lawmakers and stakeholders had not had enough time to digest the legislation. “We are rushing this through and cramming this through the Legislature in the last eight days of the legislative process. I believe that this is an abuse of process,” said Sen. Ted Harvey, R-Highlands Ranch.

Colorado: Judge tosses Denver clerk’s inactive voter suit against Scott Gessler | The Denver Post

Secretary of State Scott Gessler has won the latest but perhaps not the last battle over whether ballots should be mailed to inactive voters. Denver District Court Judge Michael Martinez sided with Gessler, who adopted a rule last year blocking clerks from automatically sending mail ballots to inactive voters in city and school board elections in a suit brought by Denver Clerk and Recorder Debra Johnson. Martinez said Denver’s status as a home-rule county did not exempt it from following state election rules. “I think it’s fundamentally an equal-treatment issue,” Gessler said. “The rules and provisions El Paso County uses needs to be the same ones that Denver uses. … You can’t have one county, for instance, that wants to leave the polls open for an hour and another that leaves them open for 20.”

Colorado: Mail-ballot bill passes Senate committee as it moves closer to law | The Denver Post

A big change to Colorado’s election system got another lopsided victory before a state Senate committee Wednesday night. The so-called Voter Access and Modernized Elections Act would provide mail ballots to every Colorado voter and allow registration all the way to Election Day. The State, Veterans and Military Affairs Committee passed the bill on a 3-2 vote, three Democrats for, two Republicans against, after the bill passed the House without a single GOP vote last week. After a stop before the Senate Appropriations Committee, it goes to the full Senate. If it passes there — before 20 Democrats and 15 Republicans — by the end of the legislative session on May 8, it goes to Democratic Gov. John Hickenlooper for a signature to become law.

Colorado: Ethics investigator confirms Gessler did use state funds for Republican lawyers meeting | The Denver Post

An investigator with the Colorado Independent Ethics Commission determined Colorado Secretary of State Scott Gessler did use state funds to to attend a Republican National Lawyer’s Association meeting. A plane ticket and $1,278.90 in expenses for the RNLA meeting were paid for with state funds. Gessler also attended the Republican National Convention while in Florida, but used campaign funds for expenses other than the plane ticket.

Colorado: Elections bill gets personal as fliers link Republican clerks to Obama | Denver Post

Mesa County Clerk and Recorder Sheila Reiner, a Republican, was called out for the Colorado County Clerks Association’s support of an elections bill that has divided the Colorado General Assembly the past week. So far, the bill has passed two House committees and a floor vote entirely along party lins — Democrats for, Republicans against. The mailer suggests she’s in cahoots with President Obama and state Democrats. “I never thought that my name would be associated with the president,” Reiner told Charles.

Colorado: Democratic elections overhaul gets initial okay, despite strong GOP resistance | KDVR

House Democrats pushed through a controversial bill that would change how Coloradans vote after more than six hours of debate on the House floor Thursday afternoon. Republicans spend hours arguing against the massive overhaul of elections law, that would send a mail ballot to every registered Colorado voter whether or not they request one, install a state-of-the-art electronic database to monitor registration and voting information and detect fraud in real-time and, most controversially, allow people to register to vote as late as Election Day. But they didn’t have the votes to stop the measure, which got an initial okay on a voice vote and could see a final, recorded vote on Friday. “We need to update our systems into the 21st century,” the bill’s sponsor, Rep. Dan Pabon, D-Denver, told FOX31 Denver. “We will know when someone’s voted and we will be able to track that.” Pabon has the support of the Colorado Association of County Clerks on his side. The group helped draft the legislation, along with other groups like Common Cause and AFSCME.

Colorado: House to debate elections bill, as party lines hold | Denver Post

The legislation that could either modernize, economize and simplify the state’s election system — or open it up to voter fraud, depending on who you believe — is expected to go to the floor of the state House of Representatives for a vote Thursday. The so-called Voter Access and Modernized Elections Act passed out of its second House committee this week early Wednesday morning. The Appropriations Committee gave it an 8-4 approval on a party-line vote. The House’s State, Veterans and Military Affairs Committee gave it a 7-4 party line vote Monday night. Though backers have called it a bipartisan bill, so far it’s yet to pick up a single Republican vote or any endorsement from GOP lawmakers or organizations.

Colorado: Elections bill stirs passions | Our Colorado News

A Democratic-sponsored bill that would put in place sweeping changes to how Colorado elections are conducted passed a state legislative committee on April 15, following a lengthy and heavily debated hearing that went deep into the night. House Bill 1303 would change the state’s election code to allow for same-day voter registration and would put ballots in the mailboxes of every registered voter. The bill also would do away with a system where “inactive” voters — those who did not vote in the previous election — do not continue to receive mail-in ballots. Democrats say the changes would encourage more involvement in the voting process, and would save taxpayer dollars on things like voting equipment, because fewer people would need to vote in person.

Colorado: Major election changes in Colorado get initial OK | 9news.com

Colorado’s Republican Secretary of State criticized Democratic state legislators Monday over a sweeping elections reform bill, which he says was drafted without his involvement. The Democrat-sponsored bill got initial approve in a House committee on a 7-4 party-line vote with Democrats in favor on Monday evening. The hearing drew dozens to the Capitol. House bill 1303 would make a series of changes to Colorado elections law which supporters say will make voting easier. Opponents say the bill is unnecessary and opens the door to more possibility of voter fraud.