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June 22, 2012 08:53 PM UTC

The Continuing Plight of the "Inactive Voter"

  • 15 Comments
  • by: Colorado Pols

Dominic Dezzutti writes at CBS4 on new rules proposed by Secretary of State Scott Gessler:

At issue is Secretary of State Scott Gessler’s new proposed rule that would mandate all counties to not send mail-in ballots to any “inactive” voters. Inactive voters are defined are voters who did not vote in the last general election in 2010 and in any subsequent election.

Denver County Clerk and Recorder Debra Johnson has been openly critical of the proposed rule, saying that the rule “would create more hurdles for voters” and went so far as to call the move “voter suppression”. Johnson eventually retracted the voter suppression line from her comments on her website, but she remains against the idea…

This may all seem like seriously inside political baseball until you remember that in 2008, then candidate Barack Obama’s campaign led a record breaking voter registration effort that registered a great deal of Democratic and Independent voters.

So, if any of those new Democratic and Independent voters, many of whom voted for Obama in 2008, didn’t vote in 2010 and 2011, then they won’t be sent a mail-in ballot.

This became a major issue last fall when Gessler unsuccessfully attempted to stop delivery of mail ballots to “inactive–failed to vote” voters in Denver and Pueblo counties. Ultimately, a number of counties in addition to these two did send ballots to their inactive voters, or in the case of Mesa County at least to inactive deployed servicemen voters. Politically, the situation turned into a major embarrassment and defeat for Gessler, with much national news coverage.

Gessler then opposed legislation in this year’s session to resolve the status of “inactive voters” in a way that does not unfairly penalize voters who didn’t participate in the 2010 election. The underlying fact to all of this is that the “inactive” voters who would have received mail ballots had that bill become law are 37% Democrats, and only 22.5% Republicans.

That’s why Democrats want them to get ballots. That’s why Scott Gessler does not. There is no amount of rhetoric that can erase partisan bottom line. You’d be a fool to deny it.

The difference is this: the Secretary of State shouldn’t be trying to make it harder to vote. Certainly not beyond what the law he’s interpreting allows. There’s a very good reason.

If Scott Gessler’s policy is adopted and President Obama loses in Colorado by just a few votes, the legality of this rule and the potential partisan nature of its creation will be under an enormous national microscope.

The case begun last fall, Gessler v. Denver, isn’t scheduled for another hearing until after the first of the year according to the Denver paper’s coverage of the fireworks between the parties this week. So once again, this is a case of the Secretary acting against the only court guidance given so far, which was that counties can send these ballots.

It’s certain that more counties will hold precinct polling place elections this year, and that could mitigate problems with some “inactive” voters and mail ballots. But there’s also concern about permanent vote-by-mail voters who have gone inactive. There are complexities on both sides–the question is whether it will be handled in a way that facilitates voters, or impedes them.

Lest Colorado’s “inactive” voter become 2012’s “hanging chad.”

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15 thoughts on “The Continuing Plight of the “Inactive Voter””

  1. Gessler is the most partisan, activist Secretary of State Colorado has ever had. He doesn’t work with the clerks or the legislature. He’s a bull in a china shop (or a honey badger). The other point that everyone misses on this is that Colorado is the ONLY state in the country that inactivates a voter after one single general election. That needs to be changed.

  3. I know his ass has never been outside of a cushy law-office chair, but military voters (esp those in the Guard and Reserve) tend to miss keeping their registrations up to date because THEY’RE F**KING DEPLOYED ALL THE TIME.

    VoteVets has made this perfectly clear to this asshat, but he seems to think the main voter they need to alienate is the one that the Republican’t party keeps trying to screw over…

    1. It’s  trend that started in ’08 and has accelerated since.

      In a State that could well be decided by less than 2,000 votes, every suppressed vote is precious beyond description to Gessler.

      But you really must be absolute pond scum to be so corrupt as suppress men and women, deployed, defending Gessler’s right to vote, so he can deny theirs’.

    2. for military to excuse non participation. Everyone makes excuses and the fact is that it just isn’t that hard except for the efforts of Gessler and his cronies  

      1. …the majority of deployed voters use the generic ballot the Voting officer provides over the official state ballot that should be mailed to them via the wildly inconsistent APO/FPO system.

        I believe those ballots are always counted as provisional, which would give asshat Gessler the wiggle room to label them inactive.

        Allow me to check with my VoteVets POC on this…

    1. I can register my dogs? They are at least as informed as the average voter, especially anyone who could be persuaded to vote for Romney

  5. Cairo, Egypt – The Military Council announced today that it has hired Scott Gessler to manage all future elections in Egypt. The council stated “with Scott Gessler we can assure the country that we will provide American level Democracy.” Meanwhile the Cater Center for Democracy announced “any election system managed by Scott Gessler clearly does meet the minimum standards of a democracy.”

  7. First, any rule that makes it harder for legitimate voters to cast ballots is voter suppression. This is particularly true when the rule cannot be demonstrated to have a significant impact stopping the non-legitimate voters. By my reckoning it is a worse sin to deny a legitimate voter his/her right to vote than allow a non-legitimate voter to vote.

    This being said, Dmoncrats need to begin working on a backup plan. First, as part of the rule making process, demand that voters can “re-activate” on the Secretary of State’s voter registration website.(This may already be possible.) Second, get the list of “inactive” voters. Third, buy a bunch of 3G enabled smart phones, tablets or laptops. Finally, go out and contact these “inactive” voters and help them reactivate their voter status.  We need to start now.

    1. First, full disclosure, I am a board member of the League of Women Voters of Mesa County (yes, gentlemen, they welcome your participation). The League has a website where you can check your status and learn how to corrct any discrepancies.

      Go to Vote411.org.  

      1. jadodd is right – this needs to be proactively managed via full contact, and now.

        Leave nothing to chance here, or we’ll find ourselves on the short end of a very partisan (and possibly illegal) stick.

        1. was only about checking your registration. That is just the first step.

          I completely concur that this is a time for EVERY American to understand how important it is to participate in this election and invest in your citizenship like you never have before.

          This is no time for fucking around.

          The Republican party is on the verge of creating the plutarchy that will create Miltons’ dream. The ultimate free market in the biggest economy in the world.  The resultant human misery will be of epic proportions.

          The re-election of Barack Obama is the single most important cause of your political life. As Ed Schultz would say…let’s get to work.

          Besides…when do I ever disagree with you, PR??   🙂

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