Skip to content

Get Judicial Watch Updates!


Judicial Watch • CO Move Act Waiver Request 842011

CO Move Act Waiver Request 842011

CO Move Act Waiver Request 842011

Page 1: CO Move Act Waiver Request 842011


Number of Pages:7

Date Created:August 26, 2010

Date Uploaded to the Library:February 20, 2014

Tags:842011, Act, waiver, request

File Scanned for Malware

Donate now to keep these documents public!

See Generated Text   ∨

Autogenerated text from PDF

Deportment Defense 
Ross-tyn North 1777 North Kent Street 14,.. Fl00t, Suite 14003 
Arlington, V/lo 2162 	State Name (Colorado) and postal abbreviation (CO) 	Chief Slate Election Official (CSEO) 
First Name: Bernie 	Last Name: Buescher 
Title: Colorado Secretary ofState 
Address: 700 Broadway 
Address: Suite 200 
City: Denver 	State: Zip: 80290 +4: 1201 

Email: 	Phone: 303-894-2200 Fax: 303-869-4860 	Preleaed Stille Election Contact: 
First Name: Judd 	Last Name: Choate 
Title: Director, Elections Division 
Address: 1700 Broadway 
Address: Suite 200 
Email 	Acknowledgement UOCA voters' right vote 
(State) recognizes that the purpose USC l973ff-l(a)(8)(A) allow absent unifonned services voters and overseas voters sufficient time vote election for federal office. 
Type initials: 	Date: 8/3/10 	Type hardship claimed (check one) 
181 	2(b)i. Undue hardship due late primary. 	2(b)ii. Undue hardship due legal challenge 	2(b)iii. Undue hardship caused state constitutional prohibition. 
Please indicate location package that identifies your plan resolve the problem: Attached letter: Page paragraph 	Please indicate the location the package that contains the section the comprehensive plan 
identifying the State's explanation for the necessity the waiver request. Attached 
letter. Page paragraph what date{s) will the State require ballots available and sent? October 	
Please indicate the location the package that contains the section the comprehensive plan identifying how the State plans provide sufCicie11t time for UOCAVA voters, who have timely submitted absentee ballot request, receive, mark, and submit their ballots time have those ballots counted? Attached letter: Pages 2-4 included, indicate the location the packaee I.hat contains the section the comprehensive identifying holv the State plans resolve the underlying issue prior the next election for federal orfice, including steps already taken, taken, timelines, and supporting documentation'? Attached letter: Page paragraph 

Bernie Buescher 
Department State 
Secretary State 
1700 Broadway 
Sui1e 200 
Judd Choate
Denver, 80290 
F..leetions Division 
August 20l 
Via email delivery 
Mr. Bob Carey, Director 
Federal Voting Assistance Program 
Department ofDefense 
1155 Defense Pentagon 
Washington, 20301-1155 
RE: Request for waiver the 45-day ballot mailing period requirement for the 2010 general election 
Dear Mr. Carey: 
The purpose this letter request waiver for the 2010 general election the 45-day ballot 
transit time provision the Military and Overseas Voter Empowerment Act of2009 ("MOVE"), 
Public Law 111-84. Colorado respectfully requests waiver from this provision because the state's late primary election and subsequent certification the general election ballot leave 
insufficient time print and mail ballots order meet the September deadline for the 2010 general election. Colorado law contains number provisions that help ensure military and overseas electors are able re-0eive, vote, and ret1UTI their ballot time counted. The following paragraphs outline the need for waiver for the 201 general election due late primary, and our plan for adjusting the election calendar advance the 2012 elections. This 
leUer also outlines the various transmission and ballot options, late return, and other measures taken Colorado counties mitigate the shortened mailing
period created our cum:nt 
election calendar. 
Need for waiver 2010: 
The Colorado Secretary State understands the need for the 45-day mailing period for ballots se11t uniformed and overseas electors, and enthusiastically supports mailing bal!ots these 
electors early feasible. However, the combination Colorado's late primary election and 
subsequent certification the general election ballot, along with the associated ballot access deadlines render Colorado unable comply with provision for the 2010 general election. 
Colorado's primary election currently held tl1e second Tuesday August and could not feasibly changed election year because the caucus and precinct dates, and petition 
deadlines that precede the primary election well the subsequent cenification the primary and ballot content for the general election. 
M1in Number  (JOJ) ..2200  TDD  
AJministroti01l  (JOJ) R006900  Web Site  WW\l,  
F11x  (JOJ) 869-4860  Emau  public.dbetions@is.$ Colorado, the content for the general election ballot certified the Secretary State 
the 60tb day before the general election, after which the counties must print and prepare ballots for mailing. Unfortunately, simply not feasible for all counties print and mail ballots 
within the days between ce1tification the ballot content and the 45-day deadline, many 
counties commission printing through their out state vendor. Vendors often take significant amount time complete the entire printing process, which includes formatting, proofing, and testing prior printing. order fully comply with this new federal requirement, Colorado 
will need move its primary election date and adjust the entire election calendar. 
Long-term plan achieve compliance: preparation for the 2012 primary and general elections, however, our office will work closely with the Colorado General Assembly develop and implement the needed legislative changes. 
The Secretary recently created statewide commission, the Best Practices and Vision 
Commission, that began meeting earlier this summer. Secretary Buescher has asked the Commission make the calendar adjustment one its first priorities, and make formal recommendation the Secretary for legislative solution. Our office, conjunction with the 
Colorado County Clerks Association, convened working group review the election calendar and draft proposal move the primary election and all associated deadlines allow for 
least days mail out ballots military and overseas electors. The committee began meeting April and has finalized plan that will presented the Commission its next meeting for vetting anticipation legislation during the 2011 regular session the Colorado General 
Assembly. Assuming bill successfully introduced and passed the 2011 legislative session, 
the new calendar will effective for the 2012 primary and general elections. Attached the working draft side-by-side comparison the key deadlines affecting the 2012 primary and general elections under cu.rrent law and the committee's proposed adjusnnent the calendar. 
Please note that this comparison working draft that has not yet been presented the Commission for diSCtssion; therefore, not final and ask that you keep confidential. 
Comprehensive plan for ensuring military overseas electors are able cast ballot that will counted the 2010 general election: the meantime, the Secretary State encouraging use all available transmission alternatives mitigate the abbreviated timeline. Under current Jaw, ballots must the possession county clerk and recorder days before the election, and transmitted military 
and overseas electors later than days before the election where request was received 
least days before the eleetioo. Ballot must transmitted within hours any subsequent requests. However, a.lthough faced with the short timeframe, many counties successfully worked with their vendors the primary election send ballots out soon days prior the 
election. Our office anticipates that some counties may able again meet the 45-day mailing deadline for the general election. Although all counties will not able get their ballots printed within the 15-day window, Colorado law pi:ovides number ballot transmission options for military and overseas electors that help ensure that military and overseas electors are able receive, vole, and return their ballot time counted. 
First, Colorado provides option electronic transmission the blank and voted ballot all military and overseas electors. Arty military overseas elector may request fax transmission 
the blank ballot, and may return their ballot fox, they choose. Additionally, military personnel serving outside the United States, and their spouses dependents absent from the United States for the same reason, may request email transmission their blank ballot and may 
retum their voted ballot email, they choose. The deadlines for electronic ballot transmission are the same the deadlines for ballots sent mail. However, electronic transmission eliminates the lengthy mail delivery time from the process. many cases, elector able receive, vote, and return his her ballot within the same business day through electronic transmission. addition, five Colorado counties are participating the Federal Voting Assistance Progi-am electronic ballot delivery project. The five participating counties are Denver, Paso, Gilpin, Park, and Weld. This group includes three the counties Colorado with the largest military and overseas population and the group represents about 4,400 military and overseas electors with active ballot requests. The project well-underway, with initial user acceptance testing the system scheduled for August Participation the pilot ensures that the five counties will meet the 45-day deadline addition providing more efficient electronic ballot delivery. Our office confident that the project will success and anticipates expanding participation for future elections. 
Colorado law also provides for two write-in ballot options. Colorado accepts the Federal Writein Ballot any federal election. addition, the state Special Write-in Ballot made available later than days before any federal state election. Any military overseas elector may apply for the Special Wri1e-in Ballot, which allows them cast their votes for all federal, state and local races and issues for which they are eligible vote. addition the various transmission and write-in options available military and overseas electors, Colorado law also provides for late receipt overseas military electors' ballots. All ballots cast (mailed electronically transmitted) military personnel serving overseas before the close polls election day will counted long they are received the close business the eighth day after the election. 
Furthennore, Colorado counties will continue take proactive steps ensure military and overseas electors are able receive and vote their ballot maintaining cunent and accurate registration information. Many counties have already sent regular mailing all military and overseas electors requesting they verify their address and offering them the opportunity request alternative ballot transmission permanent absentee ballot. Additionally, counties ask military and overseas electors for email addresses and frequently use email communicate with this mobile group electors. 
Clearly, there always room for improvement; however, the proactive measures taken Colorado counties have resulted high number ballots being returned military and overseas electors time counted. the 2008 general election, approximately 80% ballots sent military and overseas electors were timely returned, and only about 1.5% were returned undeliverable. 
Therefore, because the state's late primary election and. ensuing statutory deadlines, respectfully request waiver from the 45-day ballol mailing period requirement the Move Ac1 for lhe 2010 general election. Colorado committed ensu1ing that every military and overseas elector has the opportunity receive, vote, and return their ballot time counted. Accordingly, our office will work diligently ensure that the statutory calendar deadlines are adjusted during the 2011 legislative session. the meantime, however, must seek waiver 

because cannot guarantee that all counties will able meet the 45-day deadline, despite their best efforts. you require additional information need any clarification, please contact (303) 894-2200 ext.-or email 
Judd Choate, Director Elections Division 
Wroklng Or.Jft -ProPo5ed Adjustmrils taltndar 
"uciftcl ta1i1N'! Olly "-a ,.... ,.... poklCll rt'Im.-,.hofdih ptKintt (JU( Cti lJI f'IJe$dJvir'I Feen.,.;,r, the Chitd$d;Jylfl f,Ure  
t;.st d,ayfo-degnaied cltlOAof'lldflnotify 11nafliliaced ai11didtteot wtle1hf'I tfle 1mtt1d..d nomil'leil'I oeM-on sufficie (Sdays 111u