October 05, 2011 06:14 PM UTC

MSNBC's Maddow Devastates Gessler's "Inactive Voter" Lawsuit

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• by: Colorado Pols

UPDATE #2: FOX 31’s Eli Stokols reports that Pueblo County Clerk Gilbert Ortiz has asked to join the Denver lawsuit as well, as a defendant, to “defend military voters.”

Ortiz, who reluctantly complied with Gessler’s order last week not to mail ballots to inactive voters who are members of the military deployed overseas, but stated he was considering taking legal action.

On Wednesday, he followed through on that promise, joining Denver as a defendant in a lawsuit that’s receiving national attention.

Calling Gessler’s stance “an overly restrictive interpretation of state law,” Ortiz announced that he has filed a motion to join Denver Clerk Debra Johnson as a defendant in the lawsuit.

“I believe that these military voters need to be defended in this court ruling,” Ortiz said. “Pueblo County voters who are on active duty overseas and are inactive have not received their ballots for the Nov. 1 election because of Secretary of State Gessler’s order,” Ortiz continued.

Gessler fired back.

“Ortiz is clearly fanning the political flames and covering up his own problems,” Gessler said in a statement. “His personal attacks are misplaced. He should understand that the legislature makes the law, and I merely enforce it.”

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UPDATE: Colorado Common Cause announced today that they are filing to intervene in Scott Gessler’s lawsuit against Denver. Says Executive Director Jenny Flanagan, full release text after the jump, “Denver is doing the right thing and Scott Gessler should not be able to stop Clerk Debra Johnson from sending ballots to legally registered voters.”

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Truly must-see TV, from last night’s Rachel Maddow Show on MSNBC:

The key moment in Maddow’s detailed examination last night of Secretary of State Scott Gessler’s lawsuit to stop Denver from mailing ballots to voters marked “inactive,” due to having missed the 2010 general election, comes 2:40 into the clip.

These two maps of Denver show the distribution of registered voters marked “inactive failed to vote” in the voter registration database (left, areas darker brown), compared to the areas of the city with a higher percentage of minority residents (right, areas in orange). This is, in our view, perhaps the most compelling and simple argument against Gessler’s actions that has yet been made–it’s stunningly easy to see which voters will be affected by Gessler’s order if it prevails.

This kind of report makes it increasingly difficult to give Scott Gessler the benefit of the doubt. Objectively tougher to conclude that Gessler is not targeting urban, minority populations in Denver for vote suppression, on a scale and with a degree of precision that the state of Colorado has possibly never before seen in its history. There is no question that Gessler is aware of this demographic convergence of “inactive” and minority voters–it’s his job to be aware.

In a situation with consequences this stark–over 50,000 “inactive” voters in Denver, 1.2 million across the state of Colorado–and with consequences to federally protected minority populations so plainly disproportionate, can the Justice Department not intervene?

The second half of Maddow’s feature on Gessler after the jump–an interview with Denver County Clerk and Recorder Debra Johnson, explaining further her position and Denver’s experience from sending these ballots without incident for the last five elections.

Something’s got to give here, folks.

Colorado Common Cause Files to Intervene in Gessler v. Denver

Colorado Common Cause today asked to become part of the lawsuit between Secretary of State Scott Gessler and Denver, on behalf of their members who are inactive voters in Denver.

“Denver is doing the right thing and Scott Gessler should not be able to stop Clerk Debra Johnson from sending ballots to legally registered voters,” said Jenny Flanagan, executive director of Colorado Common Cause.

Gessler asked a Denver court to prevent the clerk’s office from sending ballots to so-called “inactive” voters (those who miss just 1 general election) for the November 1 mail-only election because he believes it violates the law.

In their request to intervene in the case, Common Cause says the election code, particular in mail ballot election, demonstrates that the legislature intended to increase voter participation, not decrease participation in Colorado elections.

Common Cause also argues that the law violates both the U.S. and Colorado Constitutions.

“The right to vote is a fundamental right of every citizen.” said Flanagan.

The motion says that Gessler’s actions would violate the free speech and equal protection guaranteed in the First and Fourteenth amendments. The US and Colorado Constitution protect an eligible elector’s right to vote.

If the Common Cause motion is granted, the organization will participate in Friday’s hearing for a preliminary injunction in Denver District Court at 1:00 p.m.  Common Cause is represented by local Denver attorney and Common Cause board member, Lee Gray, with Holland and Hart.

Documents available at www.ColoradoCommonCause.org