Joanne Phillips questions Paul Lopez's residency in Council District 3

George Merritt of the Denver Post reported this morning that Council District 3 candidate Joanne Phillips asked the Denver Election Commission yesterday to have her opponent, Paul Lopez, declared ineligible for the office. The article was entitled "Candidate cries foul to election panel."

The Lopez campaign did not comment on the matter. The article indicates that Lopez has previously denied the claims, but no further information or evidence was provided.

The most important news here is that the Election Commission apparently is not going to get involved, as "Assistant City Attorney Vicky Ortega said the only way to take action would be for someone to contest the election in district court." Apparently the Phillips campaign is considering just such a lawsuit.

Update: An unnamed author over at Colorado Pols takes a cynical view of the question here. It's not clear why the author considers court appearance documents and electoral change-of-address forms unimportant, but the weight of such evidence certainly raises an eyebrow to those who would dismiss the question out of hand.

For more detailed information on this issue, visit "Analysis of the Lopez residency question" and "Lopez residency under formal investigation."

Deactivated voters in a sonorous campaign

Guerin Lee Green of the Cherry Creek News provides a good overview of the controversy and fallout of the Election COmmission's decision to decommission Denver's active voter list in "One hundred thousand voters disenfranchised for May election." An excerpt is provided below:

“With more than 20,000 voters leaving the polls in Denver on November 7th, 2006, the Denver Election Commission’s decision to not mail ballots to the additional 50,000 voters who voted in 2004 is adding insult to injury,” said Rich Pelletier, Colorado State Director for America Votes. “It is all of our sincere hope that the DEC will reverse its decision and not multiply the awful effects of the 2006 election here in Denver.”

...Denver Election Commission spokesman Alton Dillard says the Election Commission has ordered four hundred thousand ballots, enough for all of the “inactive” voters. Voters in Denver unsure of their status can call the Election Commission at 720-913-8683 to reactivate or confirm their status.

Did the Clerk & Recorder election break election laws?

According to former Denver Election Commissioner Jan Tyler, Denver's January 2007 election violated Ordinance #851. It was conducted after just 30 days notice, yet the controlling ordinance requires at least 60 days notice.

Dear Denver wonders "What if, on May 1, a judge declares Denver's January special election void?"

In essence, the judge would have to decide whether the election violated city election laws. And if so, what's the remedy?

It's possible that our current Clerk & Recorder race between Stephanie O'Malley and Jacob Werther would be for a non-existent seat. We'd have to have another special election to validate the need for an elected Clerk & Recorder, and one more special election for the potential candidates for this seat. All of this would be the result not of some "mad" judge, but of the city's failure to follow its own ordinances.

What a shame. But what a question. Where do you think it'll land?

More details available from Lisa Jones in "Can An Election Be Nullified"?

YouTube videos on election neutrality in Denver

As reported earlier by Colorado Confidential, former Denver Election Commissioner Jan Tyler is offering a 10-part series of videos on YouTube on the topic of election neutrality.

Feel free to peruse her entire list of videos, or simply review some of the recent topics:

• Common Cause and inactive voters
  
• Same-day voter registration
  
• Benefits of an election commission
  
• Problems with mail ballots
  
• Illegality and neutrality in elections

Tribune highlights "inactive" list

Guerin Green of the North Denver Tribune has written an article entitled "One hundred thousand voters disenfranchised for May election" which summarizes the current controversy, as well as efforts to have the policy reversed:

Following the Denver Election Commission’s decision to make 117,038 registered Denver voters “inactive,” local advocacy groups are strongly urging the City and County of Denver to reverse the decision and grant voters the ability to cast their ballots in the May 1st, 2007 election. Those voters can request ballots from the Election Commission, but many will face the inconvenience of going downtown to exercise their rights. Compounding the issue is the sonorous nature of this year’s contest, where in most of the city, there is little campaign activity.

Voters face an April 20 deadline to “activate” themselves and receive a mail ballot, but they won’t receive one automatically like those who weathered hours-long lines to vote in 2006.

“With more than 20,000 voters leaving the polls in Denver on November 7th, 2006, the Denver Election Commission’s decision to not mail ballots to the additional 50,000 voters who voted in 2004 is adding insult to injury,” said Rich Pelletier, Colorado State Director for America Votes. “It is all of our sincere hope that the DEC will reverse its decision and not multiply the awful effects of the 2006 election here in Denver.”

Mayor John Hickenlooper continues to incur criticism over Denver’s election mess, though he is only partially responsible for the Election Commission, with one appointee to the otherwise elected troika. That criticism has emboldened gadfly John Wren to attempt to rally write-in candidates against the Mayor.

Denver Election Commission spokesman Alton Dillard says the Election Commission has ordered four hundred thousand ballots, enough for all of the “inactive” voters. Voters in Denver unsure of their status can call the Election Commission at 720-913-8683 to reactivate or confirm their status.

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.