October 01, 2011 08:01 AM UTC

Policy wonking through Mail Ballot Elections statutes

• 8 Comments
• by: Chickenheed

This mess that Secretary of State Scott Gessler has stirred up has me interested in how Colorado should deal with mail ballots.

I don’t have a background in law or politics, but I do have a background in computer programming and computers can ONLY do what you tell them to do, not what you meant to tell them to do. Legislation has the same rules…mostly. Government SHOULD only do what the legislation tells them to do.

So what does our state statute say about mail ballots? Let’s find out!

According to that one paper the main issue is the mailing of ballots to voters that are considered “inactive/failed to vote”. According to Gessler, “Inactive/failed to vote” voters are the same as “Inactive” voters. Are they the same?

First let’s find out how a voter becomes “Inactive”…

According to CRS 1-2-605 – “Canceling registration – voter information card”

A registered elector who is deemed “Active” but who fails to vote in a general election shall have the elector’s registration record marked “Inactive (insert date)” by the county clerk and recorder following the general election. In the case of a registered elector to whom the county clerk and recorder mailed a confirmation card pursuant to paragraph (a) of subsection (6) of this section no later than ninety days after the 2008 general election and was returned by the United States postal service as undeliverable, the county clerk and recorder shall mark the registration record of that elector with the words “Inactive – undeliverable”.

Basically if you don’t vote in a general election, you’ll be considered “Inactive (insert date)”. If you don’t vote AND your confirmation card was returned as undeliverable, then you’ll be considered “Inactive – undeliverable”. GREAT! But “Inactive – failed to vote” was never mentioned?

The term “Inactive – failed to vote” is used is in CRS 1-7.5-108.5 “Voter information card – verification of active status – designation of inactive status – mailing of mail ballots.”

Not less than ninety days before a mail ballot election conducted pursuant to this article, the county clerk and recorder shall mail a voter information card to any registered elector whose registration record has been marked “Inactive – failed to vote”. For purposes of this section, “Inactive – failed to vote” shall mean a registered elector who is deemed “Active” but who failed to vote in a general election in accordance with the provisions of section 1-2-605

This is where things get muddy. To be considered “Inactive – failed to vote”, you’re “Active” but you didn’t vote in the last general election which means you’re “Inactive”. Um….huh?

Now if it just said “Inactive – failed to vote” shall mean a registered elector who is deemed “Inactive (insert date)” in accordance with the provisions of section 1-2-605 then Gessler would be right and there would be no argument, but it doesn’t so county clerks are going to err on the side of caution and allow people to vote.

This ambiguity is highlighted in CRS 1-7.5-107 “Procedures for conducting mail ballot election – primary elections – first-time voters casting a mail ballot after having registered by mail to vote.”

Not sooner than twenty-two days before an election, and no later than eighteen days before an election, except as provided in subparagraph (II) of this paragraph (a), 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.

The bold part is the important part, but I wanted to include the whole sentence. If officials are mailing ballots to each active registered elector, then they’re not mailing them to inactive electors. But are we talking about the active electors from 1-2-605 or the active but inactive electors from 1-7.5-108.8?

My solution…

Change any mention of “Inactive (insert date)” or “Inactive – failed to vote” to “Active – failed to vote (insert date)” in section 1-2-605 and wherever else it’s mention.

As it’s written now, if you are considered “Inactive – failed to vote” BUT you’re affiliated with a political party that is holding a primary election by mail, you will receive a ballot for that primary election (CRS 1-7.5-107(II)(A)). If you vote in the primary then you’re back to “Active” status.

This gives electors that are affiliated with a political parties that are having a primary election an unfair advantage over other electors (mostly unaffiliated electors) to regain their “Active” status.