The unconstitutional election law rushed through the Legislature by Senate President John Morse may facilitate supporters from outside his district in voting against the politician's recall.
They could pay transients from any community, with cash or food, to board buses or vans and travel to a polling center in Senate District 11. Each voter could claim "the intention of making" District 11 a permanent home and vote as instructed. Those willing to make up names and four final digits of a Social Security number can vote repeatedly throughout the day. Williams said nothing in the system would stop them.
From: Troy Bratton [mailto:Troy.Bratton@SOS.STATE.CO.US]
Sent: Thursday, August 01, 2013 12:42 PM
To: Wayne Williams
Cc: Scott Gessler; Suzanne Staiert
Subject: "Gypsy" voting
Per the Secretary’s request, I’m forwarding you the statutes and rules that prevent gypsy voting.
· When registering in person, the elector must provide his or her residence and affirm that the information is correct.
o Section 1-2-204 (1) (a), C.R.S., requires the county clerk to ask an applicant “Whether the elector intends to claim the elector's present address as the elector's sole legal place of residence and, in so doing, to abandon claim to any other legal residence.”
o Paragraph (2) (b) of that same section requires the applicant to give his or her place of residence, and paragraph (l) requires the applicant to affirm his or her answers.
o Subsection (3) (a) of that section states that “If the county clerk and recorder has reasonable cause to believe that an applicant has falsified any answers to the questions set forth in this section, the county clerk and recorder shall certify the same to the district attorney for investigation and appropriate action.”
· When registering via paper application, an applicant must provide his or her residence address and sign the affirmation on the form.
o Section 1-2-205 (1), C.R.S., requires the applicant to swear that the information provided on the form is true. Because an applicant has to provide his or her address, the applicant is attesting to the accuracy of the information.
· When changing his or her address, the registered elector must state, under penalty of perjury, that the elector lives at his or her new address.
o Section 1-2-216 (4) (a), C.R.S., states: “Any eligible elector may complete a change of address form stating, under penalty of perjury, that the elector moved before the election and that, on the day of the election, the elector will be living at the new address in the new precinct.”
· It is a class 6 felony to provide false residency information.
o Section 1-2-228, C.R.S., states: Any person who votes by knowingly giving false information regarding the elector's place of present residence commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S.
· A new election rule requires the clerk to use the date provided by the applicant as the date the applicant moved and an applicant could not provide a date past election day.
o New Rule 2.26.1 states: THE COUNTY CLERK AND RECORDER MUST ENTER THE DATE PROVIDED BY THE
ELECTOR IN THE REGISTRATION RECORD MAINTAINED IN THE STATEWIDE VOTER REGISTRATION SYSTEM.
o New Rule 2.26.2 states: IF THE ELECTOR SUBMITS AN APPLICATION AND DOES NOT INCLUDE THE DATE HE OR SHE MOVED, THE COUNTY CLERK MUST ENTER THE DATE THE APPLICATION IS RECEIVED OR POSTMARKED, WHICHEVER IS EARLIER, AS THE DATE MOVED. BUT IF THE ELECTOR SUBMITS THE APPLICATION DURING THE 22 DAYS BEFORE AN ELECTION AND DOES NOT PROVIDE THE DATE HE OR SHE MOVED, THE COUNTY CLERK MUST ENTER THE DATE MOVED AS THE 22ND DAY BEFORE THE ELECTION BASED UPON THE AFFIDAVIT.
In sum, these sections require an applicant to provide his or her current address and affirm under penalty of perjury that it is correct. The statutes also allow a clerk to forward the information to the DA if the clerk believes the applicant is providing false information. Further, a new election rule requires an elector to provide the date he or she moved, which could never be a date after election day.
As a final note, it is worth pointing out paragraph (f) above (the paragraph that has the clerks so concerned) starts with the words “If a person moves…” Thus, the words that follow in that paragraph can only be triggered by a person who actually moves. The “intention” language is only relevant after the elector moved.
Legal and Policy Manager
Colorado Secretary of State’s Office
1700 Broadway, Suite 200
Denver, Colorado 80290