Secretary of State Scott Gessler
Voter Suppression - Inactive Voters
Colorado's top election official is using state money to prevent registered Coloradans from voting. Secretary of State Scott Gessler’s fight with Denver County over mailing ballots to registered voters who missed 1 general election is not over yet.
On October 7th a Denver judge allowed Denver County to mail ballots to its residents who are marked ‘inactive – fail to vote’ because they did not vote in the last general election. Since the court ruling 9 additional counties have decided to mail ballots to these so-called inactive voters.
Secretary Gessler argues that the law prohibits counties from mailing to these voters. The reality is that the Colorado election code, particularly in mail ballot elections, demonstrates that the legislature intended to increase voter participation, not decrease participation in Colorado elections.
Colorado Common Cause has asked to join this case because making it more difficult for Coloradans to vote violates the First and Fourteenth Amendments to U.S. Constitution in addition to Article 2, Sections 5 and 10 of the Colorado Constitution.
CCC’s motion to intervene says that Gessler’s actions would violate the free speech and equal protection guaranteed in the First and Fourteenth Amendments. The Colorado Constitution also guarantees political expression and an eligible elector’s right to vote. On November 16, 2011, Denver District Court Judge Brian Whitney granted Colorado Common Cause's request to intervene in the case.
Filings and Documents
Press Release: Colorado Victory: Judge Rules for Voting Rights (January 21, 2013) - NEW
The Denver Post
Editorial: Goal should be to activate Colorado's inactive voters (October 16, 2011)
Congressmen ask U.S. to look into Gessler lawsuit against Denver clerk (September 18, 2011)
Editorial: Hindering valid votes in Denver (September 22, 2011)
Littwin: Now is the time for the dunk tank (September 22, 2011)
Brown: Guessing at Gessler's Motives (October 7, 2011)
The Pueblo Chieftain
Editorial: A loss for Now (October 16, 2011)
Secretary of state sues Denver over mail ballots (September 22, 2011)
Crowd Gathering Over Court Battle on Inactive Voters (October 7, 2011)
The Colorado Independent
Gessler lawsuit launched against Denver County sounds voter-suppression alarm bells (September 22, 2011)
Scott Gessler is making a name for himself (October 6, 2011)
Paid Sick Days campaign 'outraged' by Gessler lawsuit against Denver (October 7, 2011)
The Boulder Daily Camera
The Colorado Statesman
SoS, Pueblo spar over inactives (October 3, 2011)
The Fort Collins Coloradoan
Secretary of State's Case Goes to Court (October 7, 2011)
Editorial: City Council makes right call to mail ballots (October 7, 2011)