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September 19, 2013 11:54 AM UTC

What Sec of State would ever say that "you don’t have to live in the district in order to be able to vote there?"

  • 4 Comments
  • by: Jason Salzman

(Promoted by Colorado Pols)

Colorado Secretary of State Scott Gessler told KNUS talk-radio host Steve Kelley yesterday: "Now, apparently, you don’t have to live in the district in order to be able to vote there, which I think is just absurd."

Listen to Gessler on KNUS radio 9-18-13

Gessler's comment to Kelley contradicts voting rules issued by Gessler's own office in August. On the subject of residency requirements, Gessler's rule (32.7.3.D) stated that voters must, in fact, reside in the district in which they vote.

Among other things, the rule stated that "intent to move, in and of itself, does not establish residence." 

AN ELECTOR MUST ESTABLISH A RESIDENCE BEFORE REGISTERING TO VOTE OR CHANGING HIS OR HER RESIDENCE IN ACCORDANCE WITH SECTION 1-2-102, C.R.S. AN ELECTOR’S RESIDENCE IS HIS OR HER PRIMARY HOME TO WHICH HE OR SHE, WHENEVER ABSENT, HAS THE PRESENT INTENT OF RETURNING. AN ELECTOR ESTABLISHES A RESIDENCE EITHER BY MAINTAINING A RESIDENCE AS HIS OR HER PRIMARY HOME OR BY PHYSICALLY MOVING TO A NEW RESIDENCE WITH THE INTENT TO MAINTAIN THAT RESIDENCE AS A PRIMARY HOME. INTENT TO MOVE, IN AND OF ITSELF, DOES NOT ESTABLISH RESIDENCE….

This residency rule was part of a set of election guidelines that also included a measure, later thrown out by a judge, that would have made it harder for military families and students to vote.

Rather than just rescind the portion rejected by the courts, Gessler's office struck all of the guidelines in the rule, including the portion on residency requirements. So the SOS' residency guidelines are now off the books. Still, it's the last word we'd gotten from Gessler's office on the residency topic, and it contradicts what Gessler told Kelley yesterday.

And, re-focusing on the bigger picture, it's Alice-and-Wonderland logic to assert that Colorado's new election law allows you to vote anywhere you want in the entire state, regardless of where you live. And it's Mad Hatter-like for Secretary of State to say this, especially when his office contradicted him a couple months ago.

In a conversation with The Colorado Independent's Mike Littwin Tuesday, Gessler hinted that he knows deep down that you're required to vote where you reside. Gessler seemed to praise Jon Caldara for "staying in El Paso" after he voted there as part of a media stunt that's gotten Caldara in legal trouble. But as Littwin pointed out, Caldara has announced that he will continue to reside in Boulder.

But the day after he talked to Littwin, Gessler stepped up his rhetoric, saying on the radio if "you say you intend to live there then I guess that’s good enough." Then he went into full attack mode on the election law, forgetting that it was promoted by a bipartisan group of county clerks from across the state:

Gessler: But it just goes to show that the pull behind this bill really didn’t care about fairness. They didn’t care about listening to any other opinions except their own. They didn’t care about anything except, in my view a ruthless partisan power play. And that’s what they did. And when they froze everyone out, anyone who might disagree with them, they froze them out and refused to even talk to them about it. It shows you they were up to something, and you see the result. Apparently, you don’t have to live in the district anymore to be able to vote there. And that’s absurd.

What's really absurd would be if Gessler's comments go uncorrected in Denver media circles.

Comments

4 thoughts on “What Sec of State would ever say that “you don’t have to live in the district in order to be able to vote there?”

  1. Gessler is not happy about this. It's the Democrat's horribly written law that's the problem. Gessler tried to fix it with rules and was shot down. There will be legislation to fix these problems next year, but that won't protect us from shenanigans in the billion dollar tax hike vote in November.

    1. Hah!

      If the law says you have to live in the district for a month prior to the election and you can prove it, and swear under penalty of perjury that you are a "permanent" (i.e. long-term) resident of the district, then you can vote.

      That holds whether you make the residency period one day, one month, or one year. It was even true under land ownership voting rules – buy a piece of land, gain the right to vote.

      Gessler knows what he's saying is false – and I'm guessing so do you, n3b. But your idol Mr. Caldera might go to jail, lose his voting rights and his ability to own a firearm over a stunt trying to mislead the citizens of our state into thinking otherwise, so now everyone's on the defensive…

      (PS – believing Secretary of State Gessler on matters of vote fraud is historically not a good bet.)

    2. Just to clarify your comment, of the 64 county clerks and recorders in Colorado about 80% of them are Republicans.  Almost everyone of the 64 supported the "Democrat's horribly written law." Obvioulsy, it was a bipartisan effort to write and pass HB13-1303.

      Mr. Gessler did not write rules to "fix" the legislation. His emergency rules were shot down because he abrogated statutes on the one hand and rewrote them on another. Specifically, CRS `1-7.5-107(4)(b)(1)(B) allows each voter to collect up to ten ballots from voters and return them to the clerk and recorder. This allows GOTV efforts to collect and deposit ballots with local election officials. That statute was on the books before HB13-1303 was enacted this year. In his emergency rule 32.7(f) promulgated on August 23, 2013, Mr. Gessler wrote that statute out of existence even though there was no reason to do so. Judge McGahey rightfully though otherwise.

      Second, Mr. Gessler promulgated Rule 32.7.3(D)(2), (3) which rewrote the residency requirements for voter registration for soldiers and students. He rquired a soldier to state that he/she intended to reside where they reside at the time of registration when they retire from the military. That could be 18, 20 or 24 years down the road. No state, none, including Colorado, has ever required a statement of future intent to register to vote. Can you imagine a secretary of state, anywhere in the United States, promulgating a rule or regulation that was designed to prevent our soldiers from voting. The people who defend us everyday overseas and put their lives on the line for us shouldn't be allowed to vote according to Mr. Gessler.

      Do you really believe someone like him who thinks like that should be the governor of Colorado. I don't.

    3. Golly 3b can't you just take your gun and shoot the problem?

      Gessler's proven over a span he's willing to lie and say anything he needs to achieve his ends.I'd expect his defenders/supporters share those traits.

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