Official notes regarding Denver's "inactive" voters

Below is an informative email sent out by the Denver Election Commission, forwarded to Denver Politics by State Representative Anne McGihon:

Current Voter Registration Statistics for Denver County
Active Voters: 186,029
Inactive Voters: 175,794
Total Registered: 361,823

Why voters are “inactivated” for failing to vote:

• On February 2, 2007, 117,038 voters move from “Active” status to “Inactive” status, pursuant to C.R.S. 1-2-605(2) which states, “A registered elector who is deemed "Active" but who fails to vote in general election shall have the elector's registration record marked "Inactive (insert date)" by the county clerk and recorder following the general election.”
  
• Confirmation Cards were mailed to these 117,038 voters, pursuant to C.R.S. 1-2-605(6)(a), which states, “No later than ninety days after any general election, any registered elector whose registration record is marked "Inactive" and who has not previously been mailed a confirmation card shall be mailed a confirmation card by the county clerk and recorder.”

Who can receive a mail ballot in a Mail Ballot Election:

• Only Active Registered Voters can be mailed a mail ballot, pursuant C.R.S. 1-7.5-107(3)(a) which states that “Not sooner than twenty-five days before an election, and no later than fifteen days before an election, the designated election official shall mail to each active registered elector…”
  
• The Denver Election Commission must have ballots available in office for “Inactive” voters, pursuant C.R.S. 1-7.5-107(3)(c), which states “No sooner than twenty-five days prior to election day, nor later than 7 p.m. on election day, mail ballots shall be made available at the designated election official's office, or the office designated in the mail ballot plan filed with the secretary of state, for eligible electors who are not listed or who are listed as "Inactive" on the county voter registration records...”

An “Inactive” voter can become “Active” and receive a ballot by taking one of the following steps:

• Return the confirmation card mailed in February or the post card that will be mailed within the next week.
  
• Contact the Denver Election Commission to request a ballot for the May 1, 2007 General Election.
  
• Please note, to have a ballot mailed to the voter, the voter must reactivate on or before April 20, 2006, pursuant to C.R.S. 1-7.5-107(3)(a), which states “Not sooner than twenty-five days before an election, and no later than fifteen days before an election, the designated election official shall mail to each active registered elector, at the last mailing address appearing in the registration records and in accordance with United States postal service regulations, a mail ballot packet, which shall be marked "DO NOT FORWARD. ADDRESS CORRECTION REQUESTED", or any other similar statement that is in accordance with United States postal service regulations; except that with prior approval from the secretary of state, the packets shall be sent no later than ten days before election day.” (For a Municipal Election, the discretion to extend the deadline to mail ballots from 15 days to 10 days before the election falls to the Denver Election Commission.)(The ten day deadline to reactivate is Saturday, April 21, 2007. However, pursuant to C.R.S. 1-1-106(5), which states that “If the state constitution or a state statute requires doing an act in "not less than" or "no later than" or "at least" a certain number of days or "prior to" a certain number of days or a certain number of months "before" the date of an election, or any phrase that suggests a similar meaning, the period is shortened to and ends on the prior business day that is not a Saturday, Sunday, or legal holiday, except as provided in section 1-2-201 (3).”
  
• If a voter reactivates after April 20, 2007, the voter will have to come to the Denver Election Commission to request and receive a ballot.
  
• An “Inactive” voter has until 7:00 p.m. on Election Day to request a ballot.

Proactive Steps being taken by the Denver Election Commission to reach out to those who were inactivated for not voting in the November 7, 2006 General Election:

• In addition to the Confirmation Cards that were mailed out to inactivated voters requesting they reactivate, we are mailing that same list of voters another mailing asking them to reactivate and including a brochure about the election. (Please note, this mailing will not include those voters who have already returned their Confirmation Card or those voters whose ballot was returned as undeliverable in the January 30, 2007 Special Municipal Election.)
  
• The Denver Election Commission will continue to send alerts to media outlets asking voters who are unsure of their status to call the Denver Election Commission as soon as possible to ensure they are able to exercise their right to vote.