Colorado: HAVA complaint filed in Saguache County election | Center Post Dispatch

Election integrity advocate Marilyn Marks has filed a Help America Vote Act (HAVA) complaint with the Colorado Secretary of State’s Office concerning the Saguache County 2012 General Election. The complaint was filed after examination of M-100 machine tapes showed apparent discrepancies in the vote tabulation. Marks’ activities in Saguache County came under fire this summer and fall prior to the general election after commissioners candidates Jason Anderson and Ken Anderson, who later won their election bids made it clear they felt Marks was unjustly interfering in Saguache County business and should butt out.

Colorado: Legislators hear concerns of county clerks | Colorado Statesman

Colorado’s county clerks have gotten off to an early start lobbying the legislature for election reforms after the previous session in which several proposals were killed during a divisive election year. The County Clerks Association met with lawmakers on Monday for an informational session to outline several proposals ranging from an all-mail ballot delivery system to shortening voter registration deadlines and eliminating contention surrounding mailing ballots to inactive voters. “Our goal today is to start a conversation on providing convenient, transparent and legal elections,” Donetta Davidson, former secretary of state and current executive director of the Colorado County Clerks Association, told the small group of lawmakers. Several of the legislators represented members of the House and Senate State, Veterans and Military Affairs committees, which will likely be the first committees to see the bills. “Obviously accessibility and integrity is one of the issues; balancing those and making sure we meet those,” continued Davidson.

Colorado: Death threats made against the Colorado Secretary of State | 9news.com

On Aug. 28, the day Ann Romney spoke at the GOP convention in Tampa, a disturbing phone call came into the Secretary of State’s Office in Denver. Gessler’s office was flooded with phone calls after he publicly announced a plan to identify illegal immigrants who are voting in Colorado. Gessler was at the convention in Florida when he learned of a threatening call, described in a newly released report from the Colorado Bureau of Investigation (CBI). Read the full CBI report

Colorado: Door Opened on Investigation Against Scott Gessler | KREX

Colorado lawmakers have opened the door for an investigation of Republican Secretary of State Scott Gessler’s use of public funds. Members of the state’s audit committee unanimously gave approval to conduct research for an audit into Gessler’s trip to the Republican National Convention in Florida..and a GOP election law training event.

Colorado: Sticker shock nixes Republican’s recount effort | Boulder Weekly

A Republican candidate for state legislature requested a recount of Boulder County’s election results last week in an effort to give election integrity activists an opportunity to examine concerns about how the election was run. But now Ellyn Hilliard, who ran unsuccessfully against Democrat Jonathan Singer for state representative from District 11, has withdrawn her request after being told by Boulder County Clerk and Recorder Hillary Hall’s office that the recount would cost her nearly $28,000. (Candidates requesting recounts must pay for them unless the recount is automatically triggered by margin of victory of 0.5 percent or less.)

Colorado: Election officials across Colorado push for voting overhauls by lawmakers | The Coloradoan

In the run-up to a presidential election, storms of emotions from all sides of the aisle color the months of October and November like the burnt-orange leaves that carpet a lawn. Come December, the electorate’s attention turns to gingerbread, candy canes, sleigh rides and stocking stuffers. But the potholes that mar the road to democracy are fresh in the minds of election officials. So Colorado’s county clerks have developed a list — not for Santa, but for state lawmakers — to remedy a handful of persistent thorny issues well in advance of the next general election almost two years from now.

Colorado: GOP cites voting-machine errors | The Denver Post

The Republican National Committee on Thursday called upon Secretary of State Scott Gessler and elections officials elsewhere to look into reports of malfunctioning touch-screen voting machines that may be casting votes for Barack Obama when a voter meant to pick Mitt Romney. In Colorado, Republican officials pointed to a single example of a malfunctioning machine in Mesa County. The GOP asked that voting machines be recalibrated before the polls open Tuesday, that extra technicians be provided and that polling places remind voters to double-check before submitting their selections. In Arapahoe County, where touch-screen machines are the principal means of in-person voting, Clerk Nancy Doty, a Republican, said the request to recalibrate the machines on Election Day was unreasonable. “We have 650 machines,” Doty said. “They’ve already been tested.”

Colorado: Potential voting machine error could cast incorrect ballot | 9news.com

The Colorado Secretary of State’s Office is reviewing a letter from the Republican National Committee that claims action needs to be taken to remedy reports of voting machine errors. The letter, released Thursday, was written to election officials in six states, including Colorado. The Secretary of State’s Office is currently reviewing the requests in the letter. The RNC writes, “In a significant number of cases, voting machines in your states have populated a vote for Barack Obama when a voter cast his or her ballot for Mitt Romney.” The RNC requests four actions to “mitigate any potential machine errors.”

Colorado: GOP cites voting-machine errors | The Denver Post

The Republican National Committee on Thursday called upon Secretary of State Scott Gessler and elections officials elsewhere to look into reports of malfunctioning touch-screen voting machines that may be casting votes for Barack Obama when a voter meant to pick Mitt Romney. In Colorado, Republican officials pointed to a single example of a malfunctioning machine in Mesa County.

Colorado: 3 Colorado counties’ touch-screen voting machines worry activists | The Denver Post

For months, a group of election activists has complained about Secretary of State Scott Gessler’s oversight of touch-screen voting machines used throughout Colorado that critics say are vulnerable to tampering and malfunctions. Gessler argues strongly that the voting machines are reliable, but critics say that in a close presidential election in swing state Colorado, and in places like Arapahoe County — where touch-screen machines are still the principal means of casting an in-person ballot — a mishap with the devices could tilt the race. Colorado’s touch-screen machines, they say, could become the “hanging chads” of 2012. “The secretary of state has not enforced his own voting security laws and regulations for touch-screen machines since he was elected,” said Paul Hultin, an attorney representing a group of voters who brought a 2006 lawsuit challenging the machines’ reliability.

Colorado: Boulder County settles election lawsuit by allowing more access to ballot observers | Longmont Times-Call

Boulder County Clerk Hillary Hall agreed Monday to allow observers more access to the ballot counting process during the 2012 general election. Boulder County Libertarian Party chairman Ralph Shnelvar had filed a lawsuit alleging that Hall violated state law earlier this month by denying authorized election watchers’ ability “to meaningfully observe the handling” of mail-in absentee ballots and the ballots that active-duty members of the military and citizens living overseas have been sending back. The case was scheduled for a hearing Monday morning before Judge Maria Berkenkotter, but attorneys for both sides were able to reach an agreement without the hearing.

Colorado: “I Voted” sticker in Arapahoe County mail may rub some the wrong way | The Denver Post

Republicans and Democrats have long been concerned about how the vote will shake out in Arapahoe County — one of the key swing counties in an undecided state — and now they have one more thing to fear: an “I Voted” sticker. More than 230,000 ballots last week were mailed to Arapahoe County’s voters in envelopes that possibly contained a participation sticker that rubbed up against the ballot and in some cases left a faint, near-linear mark that appeared exactly where voters draw a line to select their candidates.

Colorado: Covering the search for noncitizen voters in Colorado | Columbia Journalism Review

A young Associated Press reporter has won accolades for staying on the story of the search for noncitizen voters in Colorado—a search spearheaded by Secretary of State Scott Gessler whose 2011 estimate of 11,805 potential noncitizens on state voter rolls recently shrank to 141 and then shrank some more. Earlier this month, AP awarded Ivan Moreno its weekly $300 “Best of State” prize for his work showing how Gessler, a Republican elected in 2010, based his controversial campaign to weed out illegal voters this election year on gross overestimates of the problem. In an October 4th memo to AP staff, Kristin Gazlay—the AP’s managing editor for state news, financial news, and global training—cited Moreno’s “diligent, determined and deft accountability reporting on a key political issue.”

Colorado: Voting in Colorado

Arapahoe County Colorado was in the news the week with the Denver Post reporting that envelopes containing absentee ballots mailed to over 230,000 voters included “I Voted” stickers, which rubbed up against the ballot and in some cases left a faint, near-linear mark that appeared exactly where voters draw a line to select their candidates. The Secretary of State has issued a list of procedures to address the potential of un-readable ballots and because there is a software independent record of the voted, officials are confident that the problem can be resolved. Unfortunately not all potential problems with the Colorado’s voting technology can be resolved.

For polling place and early voting, Colorado uses Direct Recording Electronic (DRE) machines and paper based optical scan systems as well as at least two counties doing hand count of paper ballots. About 70% of ballots cast in Colorado are returned by mail. Some counties have only residual use of DRE to satisfy HAVA requirements, others collect substantial votes on DRE in precinct polling places. Some counties receive paper ballots at polling places but count them centrally by optical scan.

Colorado: Colorado Secretary of State Gessler continues to stir things up | Colorado Statesman

Colorado Secretary of State Scott Gessler told a national conservative audience in Denver last Thursday that those on the left only pretend to care about vote fraud but are only interested in stirring up anger against conservatives to win votes when they “demagogue” the issue. What’s more, he said, his political opponents are happy to play “the racism card, and they are more than willing to lie to do this.” Speaking on a panel at the Conservative Political Action Committee Colorado conference, Gessler blasted the organizers of left-leaning voter registration drives for “illegally registering people to vote” by encouraging non-citizens to register and vote, despite the serious legal consequences. “I think they are very happy to manipulate people into believing it is OK to ignore these laws,” he said.

Colorado: Colorado Secretary of State Gessler continues to stir things up | Colorado Statesman

Colorado Secretary of State Scott Gessler told a national conservative audience in Denver last Thursday that those on the left only pretend to care about vote fraud but are only interested in stirring up anger against conservatives to win votes when they “demagogue” the issue. What’s more, he said, his political opponents are happy to play “the racism card, and they are more than willing to lie to do this.” Speaking on a panel at the Conservative Political Action Committee Colorado conference, Gessler blasted the organizers of left-leaning voter registration drives for “illegally registering people to vote” by encouraging non-citizens to register and vote, despite the serious legal consequences. “I think they are very happy to manipulate people into believing it is OK to ignore these laws,” he said.

Colorado: Online voter registrations aids democratic process | USAToday

Online registration systems have dramatically boosted voter sign-ups in the dozen states that allow citizens to register to vote over the Internet. Colorado has logged more than 79,000 voter registrations since Sept. 1 — and more than 300,000 since introducing online sign-ups in 2010. In the two years prior to going online, the state logged roughly 90,000 registrations. This year Colorado introduced a service that delivers versions of voter registration forms optimized for tablet PCs and smartphones. “We’ve increased our voter registration to a new level,” says Colorado Secretary of State Scott Gessler. New York, which ranks 47th in percentage of eligible voters registered to cast a ballot, in August began letting citizens sign up to vote via a Department of Motor Vehicles Web page. Some 29,200 New Yorkers have since used the online system — 11,185 of whom will be first-time voters.

Colorado: County clerks blast Gessler for “errors and oversights” | The Denver Post

The Colorado County Clerks Association today unleashed a litany of complaints on Secretary of State Scott Gessler, pointing to a “cumbersome list of issues” with his office.In a letter from Executive Director Donetta Davidson, the clerks’ association called for greater cooperation. Gessler, a Republican, was not available for comment, but a spokesman Andrew Cole, defended the office. “The items that they (clerks) are complaining about have all been meant to and have increased voter registration to the highest level ever in Colorado and have made it easier for military voters to vote than ever before,” Cole said.

Colorado: Voter Signature Investigations | KKTV

Your vote in the upcoming election may not be counted and you won’t even know it, until it’s too late. The reason, steps are being taken to protect against voter fraud and it all revolves around your signature. Before voters get to the polls, most of them will spend some time going over every issue on the ballot. “I usually take some time; I know when I’m going in there so it happens pretty quickly.” But turns out there is one thing many voters will just skim over. “I guess sometimes you might not sign your signature the same every time.” Chief Investigator, Larry Martin with the El Paso County District Attorney’s Office says whatever you do, don’t rush the signature line. “When you sign your ballot sign it with your proper signature, that you had when you registered, don’t just scribble your name on there because it’s going to be rejected,” Martin said.

Colorado: Girl in viral voter registration video worked for shady firm | koaa.com

We’ve learned the girl filmed in a viral YouTube video while registering voters at a local grocery store was employed by a company just dumped by the Republican National Committee over allegations of voter fraud. The video got a half-million views in just a few days, becoming an overnight Internet sensation with national attention. The girl gathering voter registrations claimed she was working for the El Paso County Clerk & Recorder’s Office, and said at one point she preferred to register only Mitt Romney supporters. After speaking with local party heads and campaign officials, it was determined the girl was not working for the county clerk, but for a consulting firm hired by the state GOP. Eli Bremer, chairman of the El Paso County Republicans, explained to News 5 that it was the girl’s first day on the job, and said she misspoke when asked who was “paying her”. Wayne Williams, the El Paso County Clerk & Recorder, also confirmed that what she was doing– prescreening voters with preference questions before offering a voter registration form– was not illegal.

Colorado: Legal experts weigh in on ballot secrecy issue | TheMountainMail.com

Unlike the U.S. Constitution, the Constitution of the state of Colorado does include a provision for a secret ballot, Colorado legal experts recently said. “The Colorado Constitution … provides for a secret ballot,” said Richard B. Collins, professor of law at the University of Colorado and director of the Byron R. White Center for the Study of American Constitutional Law. “Article VII, Section 8 of the Colorado Constitution says ‘secrecy in voting is preserved,’” he said. With that provision and the section saying that “no ballot can be marked whereby the ballot can be identified as the ballot of the person casting it,” he said, it seems clear that the state Constitution provides for a secret ballot. “No one is contradicting that,” he said.

Colorado: Software glitch nixes voter registration of nearly 800 Coloradans | The Denver Post

A software glitch on the Colorado Secretary of State’s mobile-optimized website prevented nearly 800 people using tablets and mobile phones from registering to vote. Secretary of State Scott Gessler said the problem occurred between Sept. 14 and Monday because of a software update to the site. The update indavertently caused a problem that prevented 779 people from registering, said Gessler, a Republican. “Frankly, our office did not engage in enough user testing before we rolled out a software fix,” he said, placing the blame squarely on his office. The office now has fixed the problem, having discovered it Monday, but it doesn’t know who the people are who tried to register. That’s why Gessler is asking people who think they registered during the days in question to check their registrations at govotecolorado.com.

Colorado: It’s no secret: Judge tosses ballot privacy lawsuit against Larimer County CO | The Coloradoan

A federal judge in Denver ruled Friday that the U.S. Constitution does not guarantee the right to a secret ballot. U.S. District Judge Christine Arguello dismissed a lawsuit brought by voting-rights activists with the Aspen-based Citizen Center that accused Colorado election officials including the Larimer County clerk’s office and Secretary of State Scott Gessler of managing voted ballots in a way that is traceable to individual voters. “Coloradans until today have believed they are entitled to a secret ballot,” said Citizen Center founder Marilyn Marks. “Now we’re being told we are mistaken.”

Colorado: Scott Gessler, Colorado’s ‘honey badger,’ may be most closely watched election official | The Washington Post

Colorado Secretary of State Scott Gessler has a deeply partisan past, a dedicated cadre of supporters, a long list of enemies, a colorful nickname bestowed by liberal detractors and a Web site dedicated to “watching” him. The scrutiny will only get more intense between now and November as the “honey badger of Colorado politics” — a reference to the ferocious, fearless animal — presides over voting in a battleground state that could help decide the presidency. Gessler may be the most closely watched election official in the country, heightened by Colorado’s prominence, his ready-to-rumble personality and a series of loud disputes with what he has termed the “angry left.”

Colorado: Denver clerk sues Gessler over mailing ballots to inactive voters | The Denver Post

Denver Clerk and Recorder Debra Johnson on Wednesday sued Colorado Secretary of State Scott Gessler, challenging a rule from his office to block ballots from being mailed to inactive voters in city and school board elections. “The election rules adopted in August by the Colorado secretary of state prohibiting the mailing of ballots to inactive-failed-to-vote voters in nonpartisan and coordinated elections infringes on Denver’s status as a home rule city and county,” Johnson said in a statement. “We believe that the secretary of state is overstepping his authority by trying to control who gets ballots in local municipal elections.

Colorado: Lack of evidence doesn’t stop Colorado from going after voter fraud | Examiner.com

Colorado Secretary of State Scott Gessler has been investigating voter fraud for over a year even though concern over ballots being cast by thousands of voters who aren’t U.S. citizens has been founded on myth, not math. “It’s created an atmosphere where voters, even ones who are entitled to vote, fear their registration may not be valid or that they’ll be challenged at the polls,” said Elena Nunez, executive director of Common Cause, a liberal group that has tangled with Gessler over election issues. More than a year ago Gessler said there could be in excess of 11,000 noncitizens registered to vote in Colorado. Earlier this month, the Republican Secretary of State announced that his office had found only 141 people who were noncitizens registered to vote out of 1,416 names run through a federal database, and of those 141, only 35 who had cast ballots. That number represents 0.001 percent of Colorado’s 3.5 million registered voters.

Colorado: Election activist claims she’s broken Boulder’s ballot code | Boulder Weekly

The election reform advocate who has been blowing the whistle on ballots that can be traced back to voters is claiming that she “broke the code” to Boulder County’s ballot-numbering system last week. But Boulder County Clerk and Recorder Hillary Hall submitted a new, more complex vote-counting process to Secretary of State Scott Gessler this week, and that may make the discovery moot. Marilyn Marks, who filed suit against Gessler and several Colorado counties after it was revealed that ballots could be traced back to voters in Chaffee County, told Boulder Weekly that she figured out how to track voter identities using Boulder County’s system of serial numbers and bar codes, an approach that she says violates state law. The state Constitution says “no ballots shall be marked in any way whereby the ballots can be identified as the ballot of the person casting it.” In response to the Chaffee County discovery, Gessler issued an emergency rule saying counties must stop using numbers on ballots.

Colorado: Noncitizen voters ID’d fraction of those first alleged by Secretary of State Gessler | The Denver Post

More than a year ago, Colorado Secretary of State Scott Gessler said there could be in excess of 11,000 noncitizens registered to vote in Colorado and more than 4,000 of those who had cast ballots, and he has called noncitizen voter registration a “gaping hole” in the system. But earlier this month, Gessler, a Republican, announced that his office had found only 141 people who were noncitizens registered to vote out of 1,416 names run through a federal database, and of those 141, only 35 who had cast ballots. That number represents 0.001 percent of Colorado’s 3.5 million registered voters.

Colorado: Election watchdogs seek to block Boulder County ballot printing | Boulder Daily Camera

Boulder County Clerk Hillary Hall says a new system for numbering ballots would preserve voter anonymity as well as efficiency in tallying election results, and she expects it to pass muster with the Secretary of State’s Office. However, election integrity activists say any “distinguishing marks” on ballots violate the law and open the door to linking individual voters with their ballots. The group Citizen Center has filed a request for a restraining order in federal court to stop the printing of Boulder County’s ballots with distinguishing serial numbers. A hearing on the request is scheduled for Sept. 21. Like other counties who use the Hart Voting System, Boulder County’s ballots have three sets of numbers and bar codes — one that identifies the election, one that identifies the precinct and ballot content (which jurisdictions and ballot questions the voter is voting on) and one that identifies the ballot.

Colorado: Can your vote be traced? Boulder County is in the thick of Colorado’s budget battle | Boulder Weekly

The election ballot system used by Boulder County is at the center of a standoff between Secretary of State Scott Gessler and several of Colorado’s county clerks. And someone has to blink soon, since the deadline for printing ballots is fast approaching. In addition to Boulder County Clerk and Recorder Hillary Hall, the players include Marilyn Marks, an Aspen activist who has filed suit against Gessler and a number of counties for using ballots printed with information that can be used to trace the identity of voters, contrary to state law. After being confronted with the outcome of Marks’ investigation, in which she and others demonstrated how to track ballots from a June primary election in Chaffee County to the individuals who cast them, Gessler recently issued an emergency rule saying counties could no longer use the serial numbers or bar codes in question. The rule also requires clerks to black out that information when releasing past voted ballots under the state’s open records act, in an attempt to mitigate the damage done and prevent any further tracing.