Colorado: Democrats resurrect bill that would allow counties to mail ballots to inactive voters | The Denver Post

In a move likely to inflame partisan tensions, Colorado Democrats plan to graft dead legislation allowing counties to mail ballots to 439,560 “inactive voters” onto a resurrected Republican bill. House Republicans said Senate Democrats were “hijacking” the House bill. But Democrats said the issue of allowing registered voters who didn’t vote in the last election to receive mail ballots was too important to give up. “If it’s going to be a fight, this is worth fighting over,” Sen. Rollie Heath, D-Boulder, an organizer of the Democratic effort, said. House Speaker Frank McNulty, R-Highlands Ranch, said he was surprised by the Democratic move. “I know that from time to time bills are hijacked for other purposes,” McNulty said. “It’s pretty extraordinary that Senate Democrats would resurrect a (Republican) bill like this. It is extraordinary that they would go to these efforts.”

Colorado: Bar codes allow ballots to be traced back to voters in dozens of Colorado counties | The Colorado Independent

The challenges mounting on Colorado Secretary of State Scott Gessler’s desk go beyond whether to mail ballots to residents who haven’t voted in a while. He has another predicament: bar codes. Unique identifying numbers, or bar codes, that can trace citizens to how they voted appear on ballots in dozens of counties in Colorado — a revelation that is not only troublesome but possibly illegal. Ballots are not allowed to have “distinguishing marks,” according to state law. A coalition of Colorado voters is suing Gessler (pdf) and a half dozen county clerks in a Denver federal court, contending the officials are presiding over unconstitutional elections. The litigation stems from a separate dispute over whether cast ballots should be made public so that elections can be verified by someone outside of government. When clerks argued ballots could not be seen by members of the public because it was theoretically possible to figure out how specific people voted in certain elections, the bar code problem became apparent. “We didn’t think the clerks were serious. We thought they were pulling our leg, putting up a smokescreen,” said Aspen-based election activist Marilyn Marks. “We didn’t think it was true, but it is.”

Colorado: Republicans kill Colorado voter-registration measure | The Durango Herald

House Republicans on Wednesday killed a bill on voter registration from one of their own members, Rep. Don Coram, R-Montrose. The bill was a reaction to Republican Secretary of State Scott Gessler’s effort to prevent county clerks from mailing ballots to people unless they voted in the last major election. After the vote, Democratic leaders were so angry they called for Gessler’s removal as the state’s top elections official. The House Local Government Committee killed Coram’s bill on a party-line, 6-5 vote. It had passed the Senate 24-10.

Colorado: Democrats want Secretary of State Scott Gessler removed from office | The Denver Post

Colorado Democrats unleashed some of their strongest criticism yet of Secretary of State Scott Gessler Wednesday, saying he should be removed from office after he opposed an election-related bill that was later killed by fellow Republicans. “(Gessler) has once again prioritized his partisan agenda above the rights of Coloradans to vote,” Democratic Party Chairman Rick Palacio said. “If (he) is unwilling to fulfill his duties as a non-partisan election officer, the people of Colorado should consider all avenues necessary to remove him as Secretary of State.” Asked if the Democratic party was referring to a recall election, spokesman Matt Inzeo replied: “I wouldn’t rule it out.”

Colorado: Secretary of State Gessler asks Homeland Security to ID noncitizens on voter rolls | The Denver Post

Colorado Secretary of State Scott Gessler has asked the Department of Homeland Security to provide his office with the citizenship status of about 4,500 registered voters — his latest tactic in an ongoing effort to remove noncitizens from the state’s voter rolls. “It is imperative to the integrity of Colorado elections that we ensure only U.S. citizens are registered to vote and voting in our elections,” Gessler wrote in the March 8 letter to Secretary of Homeland Security Janet Napolitano. Critics of the move agreed only U.S. citizens should vote but said Gessler is going to extremes during a crucial election year — in a key battleground state — to address a problem that his office so far has been unable to quantify.

Colorado: Secretary of State Gessler asks Homeland Security to ID noncitizens on Colorado voter rolls | The Denver Post

Colorado Secretary of State Scott Gessler has asked the Department of Homeland Security to provide his office with the citizenship status of about 4,500 registered voters — his latest tactic in an ongoing effort to remove noncitizens from the state’s voter rolls. “It is imperative to the integrity of Colorado elections that we ensure only U.S. citizens are registered to vote and voting in our elections,” Gessler wrote in the March 8 letter to Secretary of Homeland Security Janet Napolitano. Critics of the move agreed only U.S. citizens should vote but said Gessler is going to extremes during a crucial election year — in a key battleground state — to address a problem that his office so far has been unable to quantify.

Colorado: Ballot bill passes Colorado Senate committee | The Pueblo Chieftain

A Senate committee passed a bill Wednesday that would limit when completed ballots can be inspected, despite objections from voters’ rights advocates who said the documents should be publicly available on demand. Lawmakers introduced SB155 in response to a Colorado Court of Appeals ruling that affirmed ballots are subject to inspection under the Colorado Open Records Act. It would limit the availability of ballots around election time and institute safeguards to prevent individual voters’ ballots from being traced back to them. “It’s not a problem for Pueblo, because our ballots aren’t being requested under CORA,” said Pueblo County Clerk Gilbert “Bo” Ortiz, who supports the bill. “Our job is to protect voter privacy. That’s why we need this. Transparency is important, but voter privacy is sacred.” The bill would shield ballots from inspection for 45 days preceding an election through a recount time period. Sponsors said that would prevent the inspection process from compromising the election process.

Colorado: Lawmakers weigh ballot privacy against public recount inspection | The Denver Post

With Colorado considered a key battleground state in November, the last thing anyone wants is a Florida-style fiasco, supporters of an elections recount bill testified today. Senate Bill 155 sets procedures for public inspection of voted ballots, while attempting to ensure that how Coloradans voted remains confidential. Under the proposal, anyone filing an open-records request to inspect ballots would not be able to do so 45 days prior to an election or 17 days after so that clerks can concentrate on their election duties. Outside that time period, the ballots would be available for inspection. “It is not a stretch to imagine that Colorado could find itself with a very close result in the upcoming election,” said Donetta Davidson, executive director of the Colorado County Clerks Association. “Should that happen, this bill will give Coloradans a road map to inspect the election results without compromising voter privacy. And it is our hope this bill will make us much less likely to see legal battles and inconsistent court rulings.”

Colorado: Spokesman for Colorado Secretary of State Scott Gessler rejects voter suppression accusations against him | Denver News

​Colorado Secretary of State Scott Gessler claims he’s under unwarranted attacks by media and Democratic leaders like Rick Palacio, who recently accused Gessler’s proposed voting policy as an attempt at voter suppression. Palacio connected Gessler’s legislations to the 1965 civil rights movement, during which advocates protesting for African-American voting rights were beaten by police. “This time, however, Americans won’t be faced with night sticks. They’ll instead be faced with new laws written by the Republican legislature and the Secretary of State,” Palacio said at a Monday press conference. Rich Coolidge, a spokesman for Gessler’s office, replies to Palacio’s comment: “Instead of giving Colorado voters a positive message about his candidates, chairman Palacio is resorting to fear-mongering and distorted, negative attacks. I hope this doesn’t set the tone for the rest of the year.”

Colorado: Group Claims Colorado Can Snoop on Voters | Courthouse News Service

The Colorado Secretary of State and six county clerks have “unconstitutionally arrogated” to themselves an election system that can trace ballots “to the individual voters who cast those ballots,” a watchdog group claims in Federal Court. Citizen Center, a nonprofit, seeks declaratory judgment and an injunction against the Colorado Secretary of State and the clerks of Mesa, Larimer, Jefferson, Boulder, Chaffee and Eagle Counties.

Colorado: Opponents of Colorado proposal to relax oversight of electronic voting want to strengthen safeguards, not reduce them | Pueblo Chieftain

Opponents of Colorado Secretary of State Scott Gessler’s proposal to relax oversight of electronic voting machines testified Tuesday that now is the time to strengthen safeguards, not reduce them. Gessler and Pueblo County Clerk and Recorder Gilbert “Bo” Ortiz countered during a rule-making hearing that they believe sufficient protections against voter fraud still would exist under the proposed rule change. In its present form the change would reduce the required number of seals designed to prevent tampering with voting machines, end the continuous video surveillance of the machines that is presently required before and after elections and leave investigations of suspicious incidents involving the machines to county officials rather than Gessler’s office. Mandatory inspection of the machines by the secretary of state’s office also would be eliminated under the proposed rule.

Colorado: Scott Gessler targeted by activist over voting in Saguache county and beyond | Denver News

The woman behind Citizen Center, a nonprofit organization that focuses on elections issues and more, is pushing Colorado Secretary of State Scott Gessler’s office to hold a hearing prompted by her complaint about alleged voting irregularities in Saguache County. And today, she plans to announce a broader lawsuit focusing on Gessler and officials in several other counties.  Marks’s background? “I used to be the primary owner and CEO of a trailer manufacturing firm,” she says. “I retired to Aspen in 2002 and ran for mayor in 2009 — and that experience caused me to get completely passionate about Colorado’s elections, which are some of the least transparent, most troublesome elections in the country. In the past almost-three years, I have become a full-time election-quality advocate: I have seven active lawsuits going on across the state on election transparency and election quality. And now, I’ve established a nonprofit so that I can continue my work in a more organized way.”

Colorado: Voters file suit against Gessler, six county clerks over ballots | The Denver Post

A group of Colorado voters filed a federal lawsuit against Secretary of State Scott Gessler and six county clerks today, saying their election practices are unconstitutional because they allow some ballots to be traced to the person who cast them. The lawsuit, filed in U.S. District Court in Denver, argues that voters in those counties are being deprived of their right to a secret vote, and asks a federal judge to order the practices stopped. “The right to a secret ballot is a revered principle of American democracy,” said Marilyn Marks, a voting integrity activist who founded Citizen Center, the group that filed the lawsuit. “No one, most particularly government officials, should have access to information that can connect ballots with voters,” Marks said.

Colorado: Battle rages over tracing voted ballots in Colorado – The Denver Post

Last fall, Larimer County Clerk and Recorder Scott Doyle invited state lawmakers and a handful of other people to an eye-opening presentation. Flipping through a slide show, Doyle showed them how, because of the level of reporting required for Colorado elections, he could use publicly available logs and reports to locate which ballots that some of the lawmakers — and one legislator’s wife — cast in the 2010 election. Doyle didn’t go so far as to remove the ballots from their sealed boxes to see how each person voted, but his point was clear: If someone had all the pieces at their fingertips, that person could do so, at least for some voters in many counties.

Colorado: Recall election brings new Saguache clerk | The Pueblo Chieftain

County Clerk and Recorder Melinda Myers lost her recall election by more than a 2-1 margin Tuesday night and will be replaced by the candidate she beat in a controversial 2010 election. Voters recalled Myers, 941-453, pushing her from office 14 months after an election that prompted two reviews by the secretary of state and another by a statewide grand jury. Republican Carla Gomez, who lost to Myers in the last election, topped independent Patricia Jenkins, 762-319, according to Tuesday’s final unofficial results.

Colorado: Former Secretary of State, EAC Commissioner Davidson to Head Colorado County Clerks Association | Colorado Statesman

The Colorado County Clerks Association announced last month that the Honorable Donetta Davidson, a former Colorado Secretary of State and current U.S. Election Assistance Commissioner, will be the organization’s first executive director. Davidson brings the expertise of more than 30 years in the administration of elections at the local, state and federal levels. She served Colorado as the secretary of state, the state’s director of elections, and as a clerk and recorder in both Arapahoe and Bent counties. She is currently a commissioner on the U.S. Election Assistance Commission and served as chair in 2010 and 2007.

Colorado: Required photo IDs for voting not likely | The Pueblo Chieftain

Debates aside over whether identification requirements to vote are ploys to disenfranchise the poor or to make voter fraud easier, there’s little chance that Colorado will institute a photo ID requirement until it cleans up its own system of issuing them, according to one local state lawmaker.

Rep. Keith Swerdfeger, R-Pueblo West, said that the complicated process of getting a state identification card has been a hurdle in passing legislation to require IDs. “I’m a believer in a state ID to vote but how do we streamline the process?” he asked.
He’s talked a few times with Jon Manley, assistant director of the Pueblo Department of Revenue office, about the problems and gotten an earful from constituents, too. The controversy over photo IDs has surfaced in a number of states.

The U.S. Department of Justice recently intervened to block a South Carolina law opponents charged was aimed at discouraging the poor and minorities to vote. In Wisconsin, charges flew from opponents of Gov. Scott Walker and Republican legislators facing a recent recall election that motor vehicle offices were either closed in Democratic areas or employees were told not to inform people that IDs could be obtained for free.
The argument goes that the poor, especially the elderly, will find it harder to obtain IDs if they have no way of getting to state offices or have to do a lot of paperwork.

Colorado: Should military members who did not vote in 2010 receive a ballot? | State of Elections

It may sound like a simple issue, but Colorado is currently in an uproar over this issue. The City of Denver had been planning to send mail ballots to all registered voters, including inactive military voters. In response, Republican Secretary of State Scott Gessler made the controversial move of filing suit against the city, arguing that Colorado law only allows localities to mail ballots to those on the active voting list. The full complaint can be found here. Because the election is mere weeks away, John Tomasic of The Colorado Independent notes that this new directive seems likely to effectively disenfranchise the effected soldiers.

Colorado law requires ballots to be sent out to all active registered voters, but it does not explicitly prohibit county clerks from being more proactive. According to The Daily Sentinel, Mesa County Clerk Sheila Reiner argued that counties should be able to do more if they wish. “I had made a decision early on not to include the inactive voters because it wasn’t required,” Reiner said. “But I have to agree with the Denver County clerk and recorder that the statute requirements are only a minimum, and in many areas clerks often go over and above depending on the needs of their counties.”

Colorado: Secretary of State Gessler embraces being targeted over his push for reforms | The Denver Post

During his first meeting with county clerks, newly elected Colorado Secretary of State Scott Gessler made a comment that some at the table found odd but would later prove prophetic. I’m probably going to be in court more than any previous secretary of state, Gessler said, according to several people in the room.

Just one year into his first term, the prediction hasn’t come true yet. But neither Gessler nor his critics will be surprised if it does. “Folks are gunning for me, and the lawsuit-happy folks are the ones I fought for years,” the former elections attorney said. “I’m a target.”

If the Republican Gessler is a target, his critics contend, it’s because he’s made himself one with a series of moves — from trying to work at his former job while in office to suing two county clerks to proposing a wholesale rewrite of Colorado’s campaign-finance rules.

Colorado: Traceable ballots could sabotage Colorado elections in 2012 | Center Post Dispatch

As Colorado shapes up to be a swing state during the 2012 General Election, suggested changes to Secretary of State (SOS) rules governing election integrity and transparency could further endanger Coloradoans’ rights to an anonymous ballot and honest elections.

Those hoping for a fair election outcome in a crucial race for the White House will instead probably face relaxed security precautions for already compromised electronic voting devices. They also could be faced with a Colorado Open Records Act (CORA) blackout that would deny access to key election documents for nearly 90 days during the election cycle.

The CORA block would prevent poll watchers, media, and ordinary citizens from examining ballots, and would delay and restrict examination of logs, poll books, and other essential election information in the event of a disputed election. This even after Colorado Sec. of State Scott Gessler won a lawsuit in August 2011 against Saguache County Clerk Melinda Myers, with District Judge Martin Gonzales ruling that ballots are public records and Gessler as well as ordinary citizens have a right to request and inspect them.

Colorado: Voting machine security questioned | The Durango Herald

Secretary of State Scott Gessler wants to make it easier for counties to comply with rules for electronic voting machines, but watchdogs say the changes increase the risk of hackers stealing an election. Gessler will hold a meeting today to discuss the changes, but plaintiffs in a 2006 lawsuit that led to the decertification of several voting machines did not wait to let loose with criticism.

Jeff Sherman, an Iraq veteran who worked on democracy-building in that country, said he is dismayed U.S. elections are vulnerable to fraud through voting machines. “We have a system that is a light to the world. I think it does all of us a disservice when there are questions about elections,” Sherman said.

Colorado has not had any known instance of election-hacking, but Sherman’s lawyer, Paul Hultin, cited an exercise by Argonne National Laboratory in which scientists hacked into a voting machine from half a mile away using cheap, off-the-shelf equipment.

Colorado: Secretary of State proposing changes to voting machine security making the already-vulnerable equipment more susceptible to hacking | The Denver Post

The Colorado Secretary of State’s office is considering changes that would relax security around electronic voting machines, making the already-vulnerable equipment more susceptible to hacking, opponents of the equipment and the draft rules said today. “There’s nothing more important than election security,” said attorney Paul Hultin, who represented several voters in a 2006 lawsuit that sought to eliminate use of the machines in Colorado. “It’s a step back.”

Richard Coolidge, public information officer for Secretary of State Scott Gessler, said the aim is to provide more guidance and clarity to county clerks, thereby creating more uniformity in how rules are applied. “We’re trying to balance common sense, practical application with security on the other end,” Coolidge said. “We can do that without compromising any security.”

A public meeting is scheduled for 1 p.m. Thursday to provide input on the proposed changes. Formal rulemaking has not yet started, but the meeting is a likely first step toward the rulemaking process, Coolidge said.

Colorado: Some challenge Colorado voting machine rule proposal | The Pueblo Chieftain

Plaintiffs who prevailed in a lawsuit to decertify Colorado voting machines in 2006 spoke out Wednesday against Secretary of State Scott Gessler’s proposal to relax security protocols for the machines. Gessler has proposed a rule change that would eliminate his office’s mandatory inspection of voting machines in counties, lessen the requirement for tamper-proof seals on the machine, lift the mandate for clerks to report suspected tampering to the secretary of state and reduce the amount of video surveillance required for the machines.

“This is the culmination of about a year of work with our staff and county clerks’ staffs,” said Rich Coolidge, spokesman for the secretary of state’s office. Pueblo County Clerk Gilbert “Bo” Ortiz, president-elect of the County Clerks of Colorado, said the organization favors relaxing how direct recording electronic voting machines are monitored.

…Denver lawyer Paul Hultin, who represented voters in a 2006 lawsuit seeking to do away with terminals in the state, said if the new rules are adopted as Gessler has proposed them, the security of the voting machines will be compromised. Hultin, of the firm Wheeler Trigg O’Donnell, contends Gessler is overstepping his authority to relax the rules and is opening a door to fraud through computer hacking. He also worries that evidence on paper that could settle disputes and questions of fraud is not an option in electronic voting.

Colorado: Ballot transparency a statewide debate | AspenTimes.com

A candidate’s request to inspect ballots cast in Aspen’s 2009 municipal election has set in motion similar efforts around Colorado. The end result might be new rules that govern the review of ballots or that withhold them from public inspection altogether.

Meanwhile, Aspen resident and 2009 mayoral candidate Marilyn Marks is expected to review on Tuesday 100 ballots cast in Pitkin County’s Nov. 1 election. Rather than simply eye the ballots, though, Marks has suggested that county Clerk and Recorder Janice Vos Caudill and a group of election officials look over 100 to 200 ballots with Marks and discuss whether any of them are “identifiable.”

The potential to link a voter to a particular ballot via various election information that is available to the public through the Colorado Open Records Act (CORA) has emerged as a concern among county clerks across the state as they respond to ballot requests from Marks and others.

Colorado: Election Commission punts request to view ballots | AspenTimes.com

The battle over ballots at Aspen City Hall continues. On Tuesday, the Aspen Election Commission decided to punt on two public-records requests to view ballots that were cast in the city’s 2011 municipal election held in May.

Commissioner Ward Hauenstein said that while he favors an open and transparent government, he received outside advice from a Denver attorney who said the Election Commission could not rule on the matter because it isn’t the custodian of election records.

“According to information provided by you, the Aspen Election Commission does not have personal custody of the paper ballots in question,” attorney John S. Zakhem wrote. “Therefore, the [commission] is not the custodian of the paper ballots and is not obligated to produce them in response to the [Colorado Open Records Act] request.”

Colorado: Aspen city attorney says opinion to commission is confidential | AspenTimes

Aspen City Attorney John Worcester on Wednesday declined to release contents of his opinion surrounding the role and independence of the city’s Election Commission, saying that to do so would violate attorney-client privilege. Worcester rendered the opinion to members of the City Council and Election Commission on Tuesday. It deals with questions posed in a public meeting last week by election commissioner Ward Hauenstein, such as whether the government entity has the right to seek independent counsel and also if the commission is an official custodian of election records, such as ballots cast in past elections.

“The whole thing is confidential,” Worcester said. “I can’t waive that confidence. The City Council or Election Commission could if they wanted to. It’s not my privilege to waive, it’s theirs.” He said that an individual council member or commissioner cannot release the answers. The council or commission would have to meet as a whole, with a majority vote necessary to make the information public.

Colorado: Voters’ secret ballots may not be so secret after ruling | GJSentinel.com

The state’s county clerks plan to ask the Colorado Legislature when it reconvenes in January to make ballots exempt from the Colorado Open Records Act. The clerks say a Colorado Court of Appeals ruling in August that ballots are public records has turned election law on its head and could allow someone to find out how people voted, no matter how careful clerks are in guarding voter secrecy. But fixing the problem could be more problematic than most people think, Mesa County Clerk Sheila Reiner said.

Reiner and Jefferson County Clerk Pam Anderson, who are facing identical lawsuits demanding to make their ballots public, say doing so would identify individual voters and how they voted. As a result, they think ballots should be made exempt from open-records laws. … Some people disagree, saying a balance can be struck that maintains election transparency without violating secrecy laws.

Colorado: Aspen files to appeal ballot-images ruling | AspenTimes.com

The city of Aspen has officially filed a motion to appeal a recent 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 mayor’s race. According to the city, the Court of Appeals erred when it held that the Colorado Constitution does not protect the secrecy of ballots. The city’s filing of a “writ of certiorari” to the state Supreme Court does not mean the higher court will consider the appeal.

The motion carries Wednesday’s date, beating the Monday deadline to appeal the ruling by five calendar days. City Attorney John Worcester and Special Counsel James R. True are listed as the attorneys for the petitioner, the city of Aspen and City Clerk Kathryn Koch.

Colorado: Town fares well with first IRV election | Telluride Daily Planet

When Telluride voters hit the polls on Tuesday, they opened up a different looking town ballot. Instead of just marking their favorite mayoral candidate like usual, voters were asked to rank the candidates by first, second and third preference.

It represented the town’s first foray into instant runoff voting, a rare type of voting that’s used in elections in which more than two candidates are running for one spot, such as mayor. Instant runoff voting, or IRV, is a ranked system designed to help ensure a true majority win and eliminate the “Nadar effect” that can happen in a three-way race.

Colorado: Aspen election commissioner wants outside opinion | AspenTimes.com

A member of the Aspen Election Commission said he is seeking a “second opinion” from an outside attorney on whether the commission should approve two public-records requests to inspect paper ballots cast in May’s municipal election. During Wednesday’s commission meeting, member Ward Hauenstein asked City Attorney John Worcester for his legal opinions on the matter, but noted that he also has sought independent counsel. Hauenstein said he likely will ask the Aspen City Council to pay for the outside legal fees at an upcoming meeting.

In his capacity as city attorney, Worcester also provides legal advice to city boards and commissions, such as the Election Commission. But he also is representing the city in its battle against political activist Marilyn Marks’ lawsuit, which stems from the city clerk’s denial of her request to examine ballot images from the 2009 mayor’s race.