Colorado: Gessler asks 4,000 prove eligibility or get off Colorado voter rolls | The Denver Post

Colorado Secretary of State Scott Gessler has mailed letters to about 4,000 registered voters his office suspects may be noncitizens, asking them to either verify that they have become citizens or to voluntarily remove themselves from the state’s voter rolls. The letters, sent Wednesday to people who used a noncitizen identification when they applied for a Colorado driver’s license and who also are registered to vote, includes a “verification of voter eligibility” form for people who have become citizens to fill out and return. The letters also include instructions on how noncitizens may withdraw their registration. “Our approach improves the integrity of our voter rolls,” Gessler said in a statement Thursday. “Once we cut through the political noise, voters will see a measured approach that enforces the law and ensures that legal votes aren’t cancelled out by illegal voters.”

Colorado: Ballots are traceable, unconstitutional, voters group claims | Westward

A Colorado voter advocacy group has filed a lawsuit against the Colorado Secretary of State and six county clerks, arguing that ballots in the current system are traceable — violating voters’ right to secret, anonymous ballots. This flaw, the group says, exposes Coloradans to voter intimidation and could discourage people from casting their ballots. But the county clerks deny there are threats to voter privacy and say the allegations put forward by activist Marilyn Marks are not true. “It’s an absolutely fundamental right that we have to a secret ballot,” says Marks, the founder and president of Citizen Center, a nonpartisan, nonprofit group that focuses on accountability and transparency in elections. “If we start thinking about what happens if we lose that right…voters can be intimidated. Voters may stay away from polls. Voters can’t vote their conscience. That’s such an undemocratic proposition. We just cannot let that happen.” Here’s the problem, according to Marks: Election staff can trace specific ballots right back to voters through unique barcodes assigned to each ballot.

Colorado: Gessler could be pivotal in battleground Colorado | NBC Politics

Scott Gessler isn’t a household name in national politics, but could become famous in a hurry, just as Florida Secretary of State Katherine Harris did during the 2000 presidential recount. Colorado’s swing state pattern in the last five presidential elections makes its nine electoral votes loom large this November. And, as Colorado’s Republican secretary of state, elected in 2010, Gessler could have a decisive influence on the November outcome in the state. He has launched efforts to remove ineligible people from the voter rolls. And if it’s a close vote, he would preside over any recount and be the official who certifies the state’s electoral vote to the U.S. House of Representatives after the election. Gessler scored a victory last week when the Department of Homeland Security agreed to let his agency to use DHS databases of non-citizens to cross-check the list of Colorado voters to ensure that non-citizens are not registered.

Colorado: Gessler’s proposed changes to election rules draw heated objections | The Colorado Independent

Over the course of a five-hour rulemaking hearing Monday, Colorado Secretary of State Scott Gessler probably got the message that a lot of people are unhappy with proposed rules that would stop county clerks from mailing ballots to inactive voters in some elections, change the way canvass boards are selected and give county clerks more power to determine how much access election watchers have. About 40 people signed up to testify at this week’s hearing; nearly all of them spoke in opposition to one or more of Gessler’s proposed rule changes, which covered three general areas. “It was pretty much all opposition,” commented Luis Toro, executive director of Colorado Ethics Watch, who did not speak.  “I don’t think it (the opposition) will change anything, though,” he said. The rules, (pdf) either as presented by Gessler or as revised by his office as a result of the hearing and written testimony, could go into effect as early as Monday, at Gessler’s discretion.

Colorado: Why votes in Larimer County CO aren’t as secret as you think | The Coloradoan

It’s a secret locked away from lovers, parents, children and best friends. Now a voter-advocacy group is suing some Colorado election officials, including Larimer County Clerk and Recorder Scott Doyle, to assure that greater ballot security keeps voters’ preferences from prying eyes. Because of the way they are sorted, stored and preserved, each voted ballot in some counties — including Larimer — can be traced back to the individual who cast it, the Citizen Center claims in its federal lawsuit against six county clerks and Colorado Secretary of State Scott Gessler. Legal pleadings of the election officials and conversations with others leave little doubt that ballot data in some counties can be mined deep enough to reveal who cast each ballot and, consequently, how they voted. “We acknowledge that there are some traceable ballots,” said Andrew Cole, spokesman for the Colorado Secretary of State’s Office.

Colorado: Campaigns and super PACs halt political ads in Colorado after shooting | Yahoo! News

As a highly contested swing state, Colorado is typically overrun by political ads from campaigns and outside groups supporting them. But the tragic shooting Friday at a movie theater in Aurora is temporarily silencing much of the spending on ads in the state. President Barack Obama and Mitt Romney announced Friday they will suspend their ad efforts in Colorado, and super PACs are planning to join them. Priorities USA, a super PAC supporting Obama’s re-election campaign, announced it will not run ads in Colorado for the time being. “Priorities is suspending advertising in Colorado,” said Priorities USA strategist Bill Burton. “Our prayers are with the victims of this horrible tragedy.”

Colorado: Election watchers see officials chipping away at public oversight | The Colorado Independent

Marty Neilson, Republican Party election watcher, walked out of the Boulder County Clerk’s building in disgust as workers there tabulated primary voting results the last week of June. Neilson said she couldn’t see anything of substance and felt like she was participating in a sham exercise in oversight. “[Clerk Hillary Hall] kept us behind [solid] walls and behind glass walls,” Neilson told the Colorado Independent. “We are there to view the whole process, which is what the statutes say we’re supposed to do, from the time the [election workers] get the ballots to the time they verify the signatures and then count the votes. But it was a charade. I left because why stay? There was no reason to be there.” Neilson said she phoned Secretary of State Scott Gessler to complain and that he later called back to say he was sympathetic to her concerns. His office didn’t return messages left by the Independent seeking comment, but the update to election law Rule 8.6 (pdf) he has proposed with the aim of bringing clarity to the regulations governing election watchers may well exacerbate the kind of problems watchers complained about in Boulder. The new version of the rule would give greater discretion to county clerks to direct watcher activities. The secretary of state’s office is holding a public hearing on the rule June 23.

Colorado: Judge clarifies ballot secrecy stance | Pueblo Chieftain

A judge stated Monday a contested order he issued doesn’t bar a citizens group from seeking records from election officials in Chaffee County and five other counties embroiled in a ballots lawsuit. The order, instead, bars the group from circumventing limits on how much information each side can seek from the other side to be used to bolster their positions on the lawsuit, U.S. Magistrate Judge Michael Watanabe stated. The elections-activist group Citizen Center had asked Watanabe to rescind a restriction in the order, contending it infringed on rights of the group and its members to use the Colorado Open Records Act.

Colorado: Aspen City Council forecasts complicated process in viewing voted ballots | Aspen Daily News

Before the public can look at voted ballots from recent city elections, officials will have to go through each one and decide on a case-by-case basis if stray markings could be enough to identify a voter, under procedures being drafted by the City Clerk’s office.  In the case that a ballot is marked up enough that it may not be anonymous, City Clerk Kathryn Koch said she will recommend that the person’s votes be copied onto a duplicate ballot without the stray markings. Koch will present her proposed procedure for viewing ballots to the city’s Election Commission, in a meeting tentatively scheduled for late next week. The state Supreme Court ruled in June that it would not hear the city’s appeal in the case of Marks v. Koch, brought by citizen activist Marilyn Marks. She sued the city after it denied her request in 2009 to see ballots from that year’s municipal election. The Supreme Court this week declined the city’s request to reconsider aspects of the case. Marks prevailed at the appellate court level in September 2011 after a local district court judge ruled in the city’s favor. The city fought Marks’ open records request on the grounds that releasing the ballots would violate a state constitutional provision guaranteeing a secret ballot.

Colorado: Election Officials Respond to Illegal Voter Study | KREX

Findings from state officials suggest that Colorado has potential illegal voters across some of the state’s largest counties, including Mesa County. Secretary of State Scott Gessler cross-referenced Colorado’s immigration detainer list with the voter registration database and found 85 potential matches of non-citizens who are reportedly registered to vote. Mesa County Clerk and Recorder Sheila Reiner called the findings inaccurate and misleading to the public. “We did the same type of data match against the Mesa County voter rolls and we get zero,” said Reiner. Gessler’s office couldn’t give us the number of people they say are illegally registered in Mesa County because the research is ongoing. However, since the lists only check names and dates of birth, someone with the same name and birthday could mistakenly be included. “If you take a population that has 30,000 names that are the same names, birthdays would match up,” said Karl Castleton, the chair of the Mesa County Democratic Party.

Colorado: How secret is your ballot? | Summit County Citizens Voice

A see-saw Colorado legal battle over voter privacy has ended with a win for open-access advocates, who claim that the public’s right to inspect voting results at least equals the right to private voting — as long the ballots can’t be connected to individual voters. The Colorado Supreme Court last week let stand a lower court ruling that gave losing Aspen City Council candidate Marilyn Marks the right to inspect the instant runoff voting information from the 2009 election. While there may not have been as much at stake as in the hotly contested 2000 Gore versus Bush presidential election, Marks cited the inspection of the ballots in Florida as part of her legal arguments in the Aspen case, according to city attorney Jim True. The case was complicated by the fact that the State Legislature changed the with regard to ballot privacy after the election, during the course of the lawsuit. Under the revision, adopted in May, 2012, state lawmakers said they want ballots to be considered open records, viewable by anyone as long as their are privacy safeguards.

Colorado: State Supreme Court declines to rehear city’s appeal in ballot case | Aspen Daily News

The Colorado Supreme Court has declined to rehear the city of Aspen’s appeal of a lower court’s decision that allows public review of voted ballots from the 2009 election. The decision likely ends a years-long legal fight between the city and Aspen resident Marilyn Marks, who sued the municipality and City Clerk Kathryn Koch after Marks’ open records request to review the ballots was denied.

Colorado: Suthers asks Homeland Security chief to verify voters’ citizenship | The Denver Post

Colorado Secretary of State Scott Gessler is intensifying efforts to root out and remove any noncitizens from the state’s voter rolls before the November election — and this time, he has the backing of Attorney General John Suthers and top elections officials in 11 other states. Gessler and Suthers sent separate letters to Department of Homeland Security Secretary Janet Napolitano on Monday, again asking DHS to help verify the citizenship status of about 5,000 Colorado voters. Suthers’ letter also states that DHS is required under federal law to provide the information, and that the U.S. Supreme Court reiterated that requirement in its recent decision on Arizona’s immigration law.

Colorado: Aspen asks Colorado Supreme Court to reconsider ballot case | Aspen Daily News

The city of Aspen is asking the Colorado Supreme Court to reconsider last week’s order that granted public review of voted ballots in the 2009 election, as well as hundreds of thousands of dollars in attorney’s fees to the plaintiff who brought the case. The court, which in April said it would hear the case of Mark v. Koch, issued a one-page order on June 28 announcing that it had reversed itself and would not review the case, meaning a Colorado Court of Appeals decision in Aspenite Marilyn Marks’ favor from September 2011 will stand. The city had appealed that ruling to the Colorado Supreme Court in November 2011. The city is asking the court for a rehearing, arguing that it shouldn’t have to release the ballots from the May 2009 municipal election because a state law, passed in May by the Colorado Legislature that grants access to ballots as long as they cannot be traced back voters, was not yet on the books. “This legislation in fact emphasizes the assertion of the city that prior to such legislation [the Colorado Open Records Act] did not allow examination of ballots,” Aspen City Attorney Jim True wrote in his nine-page petition to the state Supreme Court.

Colorado: Officials answer election suit | Pueblo Chieftain

Election officials in Chaffee County and five other counties contend a citizen group suing the officials is trying to create a nonexistent illusion of harm about access to public records. County Clerk and Recorder Joyce Reno and her counterparts in the other counties contend Citizen Center overstated the scope of a court order that restricts requests from the group’s members to view records. The advocacy group, based in Aspen, claimed earlier this month the order violates its right to view records kept by the election officials.

Colorado: State Supreme Court affirms ballots can be inspected | Aspen Daily News

Voted ballots are indeed public records open to inspection by any citizen, the Colorado Supreme Court affirmed Thursday, vindicating local resident Marilyn Marks in her three-year-old lawsuit against Aspen City Hall. The court, which in April said it would hear the case of Mark v. Koch, issued a one-page order Thursday announcing that it had reversed itself and would not review the case, meaning a Court of Appeals decision in Marks’ favor from September 2011 will stand. The city had appealed that ruling to the Supreme Court in November 2011. The brief order stated that the court’s initial decision to review the case had been “improvidently granted. Colorado elections once again belong to the people,” Marks said in a statement released Thursday. “This decision puts to rest a long-standing controversy between the public and election officials across the state who improperly prohibit the public and press from verifying Colorado’s elections.”

Colorado: Marks prevails in lawsuit over Aspen election ballots | AspenTimes.com

Election activist Marilyn Marks has prevailed in her quest to inspect ballots cast in the 2009 city of Aspen election. The Colorado Supreme Court has reversed its decision to hear the case, the city learned Thursday morning. That means a Court of Appeals ruling that supports Marks’ position will stand. The state’s high court had agreed in April to hear the city of Aspen’s motion to appeal the Court of Appeals decision. There was no explanation from the Supreme Court regarding its change of direction, but it means the Court of Appeals ruling in Marks’ lawsuit against City Clerk Kathryn Koch, custodian of the ballots, has been upheld. “Marks v. Koch is now clearly the law of the land,” Marks said. “I love closure,” was all Koch had to say about the latest development.

Colorado: Technological problem delayed Tuesday’s vote tally in Pitkin County | AspenTimes.com

Though turnout in Tuesday’s election was light, the unofficial results couldn’t be released until nearly 1 a.m. because of a technological issue, Pitkin County elections manager Dwight Shellman III said Wednesday. The polls for the election, which featured a four-man open primary for the District 4 seat on the Board of County Commissioners, closed at 7 p.m. Nearly six hours later, after Shellman worked around the technology problem, the unofficial results were released, showing that Capitol Creek rancher Steve Child and former Snowmass Village Town Manager John B. Young were the two top vote-getters in the race, pulling 666 and 524 votes respectively. … Shellman said he discovered the problem at around 10:30 p.m. after most of the mail-in and Election Day precinct votes had already been tabulated. Turnout in the election — which also featured party primaries for congressional District 3, the District 61 state representative and district attorney for the 9th Judicial District — was 21.4 percent, or 1,789 ballots cast out of 8,356 active registered voters. “Everything was going just great,” Shellman said. “We had two, as we customarily do, optical scan machines programmed for the mail-in ballots, and the first one I uploaded had the majority, 621 ballots. It uploaded without a problem. And then I went to upload the second one, 319 mail-in ballots, and our tabulation software was giving me an error saying, ‘You’ve already uploaded this memory card.’ I’ve never encountered this before.” Shellman said he’s not exactly sure why he got the error message.

Colorado: Wildfires complicate Colorado primary elections | Colorado Springs Gazette

A low-key primary election day in Colorado took on an even more muted tone Tuesday: Destructive wildfires are dominating the public’s attention, and candidates were loath to campaign amid the smoke and flames. Republican Rep. Doug Lamborn of Colorado Springs, the only sitting member of Congress from Colorado facing a primary challenge, spent the days before the election meeting with firefighters and seeking federal resources to battle a quick-moving fire that forced thousands to evacuate the Manitou Springs area. Lamborn’s opponent, Colorado Springs businessman Robert Blaha, canceled get-out-the-vote phone calls for all of El Paso County, which makes up some 70 percent of the voters in the 5th Congressional District. “Now is a time to respect other priorities for sure,” Blaha spokeswoman Tamra Farah said.

Colorado: Denver clerk Johnson, Secretary of State Gessler reignite ballot fight | The Denver Post

Denver officials and Colorado Secretary of State Scott Gessler are positioning for another fight over when the clerk’s office may mail ballots to inactive voters — a battle that could have ramifications for the November presidential election. Late last week, Gessler’s office proposed a new rule it says clarifies that clerks may not mail ballots to inactive voters in a “coordinated” election, or an election held simultaneously with another political entity. The issue took on new significance this week, when Denver Public Schools announced it could ask voters in November for a $500 million property tax increase. That would make Nov. 6 a coordinated election in Denver, reopening the debate over whether Clerk and Recorder Debra Johnson may mail ballots to inactive voters — who are overwhelmingly Democrats and unaffiliated.

Colorado: Chaffee County CO election officials taken to task | Pueblo Chieftain

A citizen group fighting election officials in Chaffee and five other counties contends a judge’s order violates the group’s right to obtain public records from the officials.  The order restricts the group’s members from requesting records for information the group’s attorney can obtain from the officials, through normal court process, for its lawsuit against them.  “A gag order like this one is obviously a gross infringement on our collective rights,” alleged Marilyn Marks, Aspen, the founder of the group Citizen Center. The group is asking Magistrate Judge Michael Watanabe to rescind his June 4 order.

Colorado: Hickenlooper signs bill creating rules for public access to ballots | The Denver Post

Gov. John Hickenlooper signed legislation today that sets rules for public review of voted ballots — a bill supporters say is necessary to prevent chaos in the November election, but critics call a blow to open government. Election integrity activists, members of the Colorado Lawyers Committee Election Task Force and groups such as Common Cause and Colorado Ethics Watch had flooded the governor’s office with letters asking him to veto House Bill 1036. Several of those opponents plan to file a lawsuit to stop the law from taking effect, activist Marilyn Marks said today. “Based on our familiarity with this bill and its flawed process, we believe that those legal challenges will be successful in striking down this law,” Marks said. “We hope that the litigation will have immediate impact prior to the upcoming elections where full transparency is unquestionably required.” Hickenlooper’s office is expected to issue a statement later today explaining why he signed the bill.

Colorado: Veto pressure mounts as Hickenlooper reviews open-records elections bill | The Colorado Independent

In the weeks since the Colorado legislative session ended, calls for Gov. John Hickenlooper toveto House Bill 1036 have come from the political left, right and center, from government watchdog organizations, citizen rights and tax reform activists and from representatives of the sovereign Ute Mountain Ute tribe in southwest Colorado. Whatever happens by next Friday, when the deadline to sign the bill arrives, wrangling over its contents and legitimacy will continue indefinitely. “Litigation will follow a signature from the governor. It’s a certainty,” Jennifer Weddle, attorney for the Ute Mountain Ute, told the Colorado Independent. She said the tribe is deeply concerned the bill would limit protection against the kind of voter suppression efforts that have plagued Indian voters in the United States for decades. “Whether a suit is filed by the [tribe], by an individual member of the tribe or by a Colorado citizen, the process by which the bill was passed was so broken that litigation is certain.”

Colorado: Ballot review open only to select parties? – Hickenlooper must decide whether to veto HB 1036 | Colorado Statesman

Gov. John Hickenlooper is weighing a controversial bill that some believe creates a separate class of the public in reviewing ballots following an election, with the aim of maintaining anonymity while also allowing for transparency. House Bill 1036 — which began as Senate Bill 155, but was grafted onto HB 1036 in the waning hours of the regular legislative session — would solidify in statute that ballots are open to the public under the Colorado Open Records Act, but not immediately available to all members of the public. Instead, the bill would create a category known as an “interested party,” which would include political parties and representatives of issue committees, or stakeholders involved in the outcome of the election. Those “interested parties” would be granted access to ballots starting 45 days before any election and until the election is certified, while the rest of the public — including the press and watchdog groups — would be prohibited from reviewing the ballots until the election is certified by county clerks.

Colorado: Wisconsin’s Walker echoes Colorado’s Gessler on voter fraud | The Colorado Independent

In the last two years, Colorado Secretary of State Scott Gessler has made voter fraud prevention a top priority. His efforts have included working to stop county clerks from sending absentee ballots to inactive voters, lobbying for a controversial voter ID law and leading an unprecedented effort to determine whether non-citizens are voting in the state. Critics have questioned Gessler’s priorities, given that the number of documented incidents of voter fraud in Colorado is tiny. Yet Gessler argued his case at committee hearings in Washington and Denver by citing statistics. There were hundreds and maybethousands of non-citizens registered to vote in Colorado who may or may not be casting ballots, he said, as an example. Wisconsin governor Scott Walker has also sounded alarms on voter fraud. Taking a page from Gessler, he recently cited numbers to back up his claims.

Colorado: Groups urge veto of limits on voted-ballot inspections | The Denver Post

A growing coalition is asking Gov. John Hickenlooper to veto a bill that creates rules for public inspection of voted ballots, saying it is “an unprecedented step” to block the public’s right to ensure fair elections that was “ramrodded” through the legislature in its final days. Among those who have contacted Hickenlooper or plan to do so are members of the Colorado Lawyers Committee Election Task Force, the chairman of the Ute Mountain Ute tribe, Colorado Common Cause, Colorado Ethics Watch and two election-integrity groups. “The reality of this legislation is that at the most critical time, when the public has an interest in clerks’ management of elections, it creates an unprecedented exemption from (the Colorado Open Records Act),” said John Zakhem, a prominent elections attorney.

Colorado: Marks prevails in Jefferson County CO case | AspenTimes.com

A District Court judge has deemed election records in Jefferson County open to public review and has awarded attorney’s fees to Aspen election activist Marilyn Marks, who was denied access to the information. Judge Randall Arp, in a ruling issued Monday, directed Jefferson County Clerk and Recorder Pamela Anderson to provide the records requested by Marks and rejected the clerk’s claim that release of the information could violate voter rights to an anonymous ballot. Any information that could potentially lead to identification of an individual voter who cast a ballot could be redacted, Arp concluded. Marks said Tuesday that her legal expenses in the case total about $100,000. Jefferson is among several counties in Colorado where Marks has asked to view ballots or other election data under the Colorado Open Records Act, or CORA, helping fuel statewide debate about whether ballots cast by voters should be subject to the open-records law.

Colorado: State high court to review Aspen ballot-images case | AspenTimes.com

The Colorado Supreme Court has agreed to hear the city of Aspen’s motion to appeal September’s state Court of Appeals ruling that favored political activist Marilyn Marks’ lawsuit challenging the city’s denial of her request to view ballot images from the 2009 mayoral race. According to the city, the Court of Appeals erred when it held that the Colorado Constitution does not protect the secrecy of ballots. On Nov. 11, the city requested a review of the case by the state Supreme Court. “In elections, there is a functional conflict between two important values: the ability to verify election results and the right of voters to a secret ballot,” the city’s motion states. “All election systems used in the United States since the introduction of the secret ballot in the (late 19th century) have sought to strike a compromise between these two values. In arriving at a compromise, election systems have uniformly given greater weight to secrecy over verifiability.”  The motion goes on to say that since 1876, the Colorado Legislature has enacted numerous laws to secure the purity of elections and “guard against the abuses of the elective franchise.”

Colorado: Lawmakers battle over inactive voters | Aurora Sentinel

Senate Democrats moved to take down what they say is a roadblock that makes it more difficult for more than 100,000 voters to participate in the November elections, resurrecting a proposal Monday that House Republicans previously rejected. The legislative action would send mail-in ballots to so-called inactive voters who otherwise would have to cast ballots in person. And the implications are huge. About 37 percent of the affected voters are Democrats. Around 23 percent are Republicans. The remaining 40 percent are unaffiliated — a bloc both parties think they can use to pick up support. Democrats say they are pressing the issue to make voting easier, adding that the issue is more urgent with important state issues and the White House on the line. “I would think that we would want every possible soul who’s eligible to vote, to be able to vote in that election,” said Sen. Rollie Heath, the chair of the committee that brought back the plan.

Colorado: Fighting over voters who don’t always vote | 9news.com

Some people don’t vote in every election, preferring to cast a ballot only in presidential election years. In Colorado, those voters are purged when they miss a midterm election, with their status changed to “inactive voters.” Inactive voters are still eligible to vote, but they won’t receive a mail-in ballot even if they signed up to be permanent mail-in voters. Democrats are fighting especially hard to change that just in time for the 2012 presidential election. Republicans have a much smaller share of Colorado’s inactive voters, and political watchers say the Democrats don’t want to lose any votes from President Obama’s 2008 supporters. Democrats say they’re not only concerned with “bandwagon” voters. “There are all kinds of reasons that people don’t vote once, and we’re going to basically take them off the rolls because they failed to vote once? That doesn’t make any sense to me at all,” Sen. Rollie Heath (D-Boulder) said. Health is concerned about people who miss an election due to military service or illness.