CO Election Integrity Presentation to RSSC Jan 3 2015
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CO Republican Senate Study Committtee conducted a fact finding hearing. This was my presentation
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CO Election Integrity Presentation to RSSC Jan 3 2015
- 1. Colorado Elections for Republican Senate Study Committee (RSSC) By Jen Raiffie jraiffie@gmail.com
- 2. Adams County GOP Vice Chair 720.987.7620 jraiffie@gmail.com ā¢ 2010 PRI ā AdCo Canvass Board ā¢ 2010 GEN ā VSPC Judge ā¢ 2013 PRIM Media Watcher - Boulder ā¢ 2013 Candidate (post primary) ā¢ 2014 Muni Media Watcher West Metro & Castle Rock ā¢ 2014 GEN Poll & Media Watcher Jen Raiffie
- 3. Whose Election Is It? Clerks do not own elections Rules & Statues guide Clerkās administration of elections Citizen Oversight = Judges, Watchers, & Canvass Board
- 4. Lack of Enforcement CO has some really good election laws Meaningless if not enforced No mandatory penalties for violations These must be significant Good, Bad, & Ugly Need new laws Need modify existing laws 1303 and 1164 are problems Merge Issue - Duplicates
- 5. Main Problem SOS complaint process is ineffective Dual Role of SOS is problematic Support Clerks Legal Enforcement Canāt enforce and support simultaneously Govt. tends to rule in favor of govt. control When the SOS rules on a complaint it is often in conflict with existing law or rules. The average citizen does not have $50k to mount a legal challenge.
- 7. Citizen Election Oversight Committee (CEOC) Pilot Project through May 2017 Goal = make recommendations Nonpartisan w/ subpoena power Members: AG Advisor (no vote) Admin Law Judge Advisor (no vote) Leg appoints 1 from each Chamber (vote) 3 Subject Matter Experts (vote) Website transparency portal Citizens can file complaints online Meet regularly & travel throughout state
- 8. Election Court One per judicial district Free for citizen initiated complaints nominal admin court fees fees for frivolous use Appoint one district court judge to hear citizen complaints during election season Must first go through (CEOC) CEOC then refers ALL cases (screened) to election court with recommendations
- 9. Transparency Web Portal Pass legislation requiring SOS / clerks to post public election data (exportable via (csv, txt, pdf) Public Voter Roll & Poll Book Watcher / Judge Reports Ballot Box pickup schedule Daily Challenge and Cure Lists Daily count lists Mail, In Person, On Demand, Emergency, Provisional, UOCAVA Old & New Addresses of Same Day Registrants Undeliverable Ballots & Voter Confirm Cards Canvass Board Reports & Data Status āissuesā to be investigated by DA
- 10. Oversight Update canvass requirements Defend watcher and canvass board roles CORA conflicts -C.R.S 1-2-227(l) & 42 USC1973gg-6(i)(1) Canvass Boards must be subject to open meeting laws Mandate election transparency web portals Create SOS citizen oversight Enforce existing law w/ significant penalties for violations
- 11. Eligibility ā Value My Vote Photo ID is not about voter access 24 Things Requiring ID to buy Castle Rock Mail Ballots & Dirty Tricks Video Brandon Morse Registers to Vote Video Kelly Maher Library Card OāKeefe on Holderās Ballot video Require Proof of Legal Presence Voter Pre-registration 18 year old got ballot w/o registering
- 12. Intent to move ā Why? Same Day Voter Registration Publish previous and new address for accountability Mandated Voter Reg on Campus Require them to unregister at home Westminster City Council tried to mandate the same for all apartment leases Eligibility ā Value My Vote
- 13. Key Observations
- 14. Secret Ballot There is no respect or regard for my sacred right to a secret ballot Most egregious observations West Metro (missing /altered video) Castle Rock Muni (home rule) Adams County (scanning traceable ballots) Nobody, especially Govt., has the right to see or track how any individual votes, regardless of any oath taken Rep SOS, in his motion to dismiss the AdCo lawsuit last Friday, chose to NOT defend secret ballots and sided with the clerk who violated his own rules when she failed to notify him (and us) of traceable ballots
- 15. Multiple & Duplicate Ballots Duplicate >1 ballot distributed per voter One unique voter ID per voter Adams āPrinting Error Multiple >1 registration instance per voter Multiple voter IDs per voter Merge issue resulting from HB1303
- 16. Merge Issue HB-1303 turned all 750,000 once inactive voters to active w/o merge so they could all get a ballot People received multiple ballots Inherent problem known for over a year No mitigation / safeguards enacted Remedy: Match 3-4 fields to filter out potential problems (Last, First, Address, DOB, Sex, Party)
- 17. Signature Verification Only stopgap to ballot harvesting Ballot Harvesting = conscious effort of workers to collect ballots at the door (or trashcans) Fractivist posing as election officials Ensures person who is listed on the ballot is the one who voted the ballot Watchers unable to effectively challenge Challenges require cure Cures not mailed Daily cure list reports not delivered to watchers Many ballots not cured ā votes not counted
- 18. Ballot Duplication The Big Lie Write In blamed for count delay Made up excuse to appease media & public 11,000+ ballots (8.5%) manually reproduced Watchers denied access to duplication room
- 19. Data Access Legislation to mandate clerks deliver specifics data to watchers w/in specified timeline. Common theme across the board Watchers & Canvass Board denied Do Watchers need to CORA or pay fees? CORA conflicts w/ CRS 1-2-227(1) & 42 USC Ā§ 1973gg-6(i)(1).
- 20. Judges Legislate a judges bill of rights Clerks must use appointment lists from parties Chairs must approve & place their own judges Eliminate clerkās honor system to pair judges Allow judges and watchers to communicate Establish removal process for stakeholders Background check on AdCo Lead Judge found embezzlement of tax $$
- 21. Watcher Access Need a Watcher Bill of Rights Eliminate Clerkās war on watchers Clerk made up new 6 foot rule Watchers denied data Watchers charged for data Watchers intimidated Watcher removal by clerk unjustified Rope barrier in AdCo ballot duplication GOP Attorneys did not defend watcher rights GOP Attorneys complied and sat behind the rope all day
- 22. Canvass Board Legislation to mandate clerks deliver specifics data to Canvass Board w/in specified timeline and require defects to be corrected Public Board w/o public access Purpose = audit election Citizen owned, Clerk Controlled Requires Precinct level reconciliation Clerks are denying data and time necessary to reconcile Clerks are ignoring defect reports Clerks ignore defect reports Define ādefectā Clerks & SOS ignore non-certification Boulder sent cert papers to SOS w/o cert or board majority Add UAF vote to the Board Remove vote from Clerk Does the IRS allow you a vote on your own audit?
- 23. Media Watcher Access Make Rules more specific (more teeth) in defining Media Watcher rights and access Canvass board needs to be be defined as a public board in statute and be inclusive under Sunshine
- 24. Recount AdCo GOP was denied sig verification during recount Clerk Ortiz (Pueblo) was allowed to price opponent out of a Recall (SOS estimated $7-8k) Ortiz charged $16k Define formula and/or cap fees Require identical access in recounts
- 25. Recall Required Signatures = 25% of votes cast in last election for the official being recalled EXCEPTā¦ School Board Recalls only require 15,000 signatures (<10% of voting population in 2013 JeffCo, for example)
- 26. If our SOS, Party Leadership, and attorneys wonāt respect the Constitution, statutes, or SOS rules, why should the clerks? Smoke & Mirrors
Notas do Editor
- Begin with end in Mind
- Recommendations: Declaratory Orders Remedies Dismissal CC SOS AG DA AG Major Parties
- Eligibility ā Require uniform and effeective signature examination & cure process Monitor undeliverable ballots, cure letters, and voter verification cards
- No 13SA148 In Re Jones v Samora ā Recall Election Ā§ 31-10-1307, C.R.S. (2013) Ballot Secrecy ā Article VII Section 8 ā Taylor v Pile District Court Error in Voiding Elections CO Supreme Court unanimously overturned a lower court ruling that tossed out a recall result in Center that resulted in the ouster of the mayor and 2 council members over a water rate hike. Right after the vote took place, a district court struck down the results and held that the recall was invalid due to the use of numbered stubs on the absentee ballot that were improperly removed ā thereby compromising the integrity of the recall (in the eyes of the court)
- Denver, & JeffCo clerks are the only ones I am aware of that attempted to match 3-4 fields and merge records
- Excuse given = āthere is not enough time to slow down the process to effectively evaluate all signatures.ā Donāt here that at voting centers when the lines are backed up ā Nobody ever said āthere is not enough time to challenge a voterā The volume is greater with signature verifications ā inherent problem with mail in ballots ā do not mandate an all mail-in ballot election Let people choose how they want to vote.
- If the write in was the real problem, then all of the other votes could have been processed without delay first. Not the first time AdCo PIO Jim Sidelecki was caught in a lie (Stormwater)
- Raw Data Sent To Printer ā 3 month battle List of provisional voters ā battle ā I had to provide the clerk and county attorneyās case law for this Cure Lists ā denied resulting in votes not being counted Judge list ā denied - AdCo assist attorney told me it did not exist after it was distributed to others ā it is required by law CORA language in 24-72-204(8)(a) attempts to restrict election records from public disclosure by a Designated Election Official (DEO). The restriction is ineffective because of federal controls over state law. Note the Project Vote v Long 4th Circuit Court Opinion 06-16-12. SOS Rule 8.5.1 specifies watchers are able to witness and access all aspects of the election process. Federal Law and similar intent of CRS 1-2-117 must trump conflicting and illogical language of CORA for election records. Project Vote Opinion: āGiven that the phrase āall records concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of official lists of eligible votersā unmistakably encompasses completed voter registration applications, such as applications fall w/in Section (i)(1)ās general disclosure mandate.ā Strict reading of CORA restricts only the DEO from releasing records, not the SOS who is not prohibited from such release, and in fact is required to release records under the provisions of NVRA and records referenced in CRS 1-2-101 to 703. emphasis on 1-2-510 Public Disclosure of Voter Registration Activities Reference: CRS 1-2-227(1) and Section 8(i)(1) of NVRA and U.S.C. Ā§ 1973gg-6(i)(1) 2012 DougCo District Court Judge ruled Canvass Boards are not ālocal public bodiesā covered by open meeting statute.
- Clerk hired lead judge who was a former official who embezzled county tax dollars for personal use. A complaint was filed ā the clerk was not forced to remove this lead judge in Adams. Did she help cover up the traceable ballots? Research indicates this could be the case.
- DougCo 2012 Dist Court Judge ruled Canvass Boards were not local public boards & therefore not subject to open meeting laws.
- CO Constitution Section 1 Article 21 grants citizens uthority to perform recall elections