Arapahoe DA Indicts Two Voters, Two Canvassers

Scott Gessler.

As the Denver Post's Lynn Bartels reports, we finally have charges filed against someone–four people, in fact–as a result of Secretary of State Scott Gessler's three-year quest to uncover what he originally insisted was "thousands" of illegal voters in Colorado:

The Arapahoe County district attorney's office has charged four people with misdemeanors after a voter-fraud investigation that tracked more than 40 people and election records dating back to 2008.

Two of the people charged are immigrants — one from Africa who has donated to Democratic causes, the other from Poland — who have been deemed ineligible to vote in Colorado. The other two are Coloradans who worked for a liberal non-profit organization that registered people to vote.

All four are charged with "procuring false registration," according to a news release Friday from Arapahoe County District Attorney George Brauchler's office. The office investigated 41 "non-citizens."

"This is evidence that this is not an epidemic, but there are isolated incidents that need to be treated seriously," Brauchler said.

9NEWS' Brandon Rittiman with reaction from Secretary of State Gessler:

Gessler defends his record saying that snuffing out any amount of voter fraud, however rare, is a goal that justifies his policies.

"I appreciate District Attorney Brauchler's good work," Gessler told 9NEWS. "This news further confirms that there is a vulnerability in the system and is more evidence from across the state showing that confusion and error allow non-citizens to register, and in some cases vote."

Bartels reports that Arapahoe County DA George Brauchler's office spent some 300 man-hours investigating the 41 names referred to his office by Gessler, in the end producing indictments against two improperly registered voters and two paid canvassers from 2008. Brauchler is quickly gaining a reputation as a partisan politician with higher aspirations, and in support of Gessler's dogmatic campaign to uncover noncitizen voters, we're sure he spared no expense. In the end, though, Brauchler's statement that there is "not an epidemic" of voter fraud is reasonable and accurate, and there's nothing inappropriate in his misdemeanor indictments.

Obviously, Democrats are going to nonetheless question such a massive effort to "uncover" an infinitesimal amount of actual trouble. Gessler's insistence that this result in Arapahoe County "confirms" a "vulnerability in the system" is simply laughable. In every meaningful way, the paltry results of Gessler's years-long campaign to root out what he originally insisted was ten thousand or more "illegal voters" speak for themselves, and prove there is no systemic problem with noncitizens voting. The problems uncovered here are anecdotal, not systemic, and in fact are much smaller in number than so many other ways a legal voter's ballot might be compromised, invalidated, folded, bent, spun, or mutilated. As one example, compare this effort to the troubled rollout of Gessler's mobile voter registration website, which "disappeared" the registrations of many hundreds of legal voters. Everybody wants as accurate an election as possible, but what camels were swallowed to strain these proverbial gnats?

It's been said that those who set out with a preconceived expectation usually find what they expect to. In Gessler's case, even when the facts totally fail to support his expectations, he recites the same talking points.

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Poll: Hick Weak, Voters Oppose Recall, Back Background Checks

A new poll from Quinnipiac University of Colorado issues and our gubernatorial race contains new and old lessons:

Colorado voters give Democratic Gov. John Hickenlooper a split approval rating and more voters say he does not deserve to be reelected, but he has small leads against possible Republican challengers in an early look at the 2014 governor's race, according to a Quinnipiac University poll completed last night and released today. 

Gov. Hickenlooper gets a 48 percent approval rating, while 46 percent disapprove, almost identical to his 48 – 44 percent approval rating in an August 23 survey by the independent Quinnipiac (KWIN-uh-pe-ack) University. Voters say 49 – 42 percent today that the governor does not deserve reelection, also little changed from August. 

But Hickenlooper edges four possible GOP challengers:
46 – 41 percent over former U.S. Rep. Tom Tancredo;
45 – 40 percent over Secretary of State Scott Gessler;
44 – 38 percent over State Sen. Greg Brophy;
44 – 40 percent over former State Senate Minority Leader Mike Kopp.

In other questions, once again voters express overwhelming support for Colorado's new universal background check law for gun purchases. The poll splits support for the new law limiting magazine capacity (49-48%). And again, despite these indicators of support for the legislation actually passed by the Colorado General Assembly, 55% of respondents oppose the amorphous concept of "gun control." As we've said before, this disconnect is evidence of how Democrats lost, at least for the time being, the messaging battle over gun safety legislation. If the public had an accurate understanding of what was passed, they'd be in much better shape politically.

In this statewide poll, 51% of voters support the practice of "fracking" for oil and gas development. They also oppose the pending recall attempt against Sen. Evie Hudak by a 49-38% margin. Both of these questions are less relevant with action on the issues happening at the local level–but certainly message fodder for each.

Gov. John Hickenlooper's polling weakness evidenced by Quinnipiac is offset by the weak field of potential Republican challengers–also a dynamic we've been watching develop over the past few months. That's not the most comfortable position to be in, of course, with a year for impressions to change in either direction. But we do believe that Hickenlooper's advantage over his weak challengers will grow, not shrink, as voters get to know them.

All the details for today's poll here.

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The Daily Show Asks Denver Voters Why They Did Not Vote In Recalls

(Promoted by Colorado Pols)

Last month's recalls occurred in what was generally Colorado Springs and Pueblo.  No part of Denver was included in the districts that voted.  That of course did not stop the Daily Show from canvassing people on the 16th St. Mall in Denver to figure out why they did/did not vote in the recalls.  

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Independence Institute Encourages “Gypsy Voters”

What to vote in the recall election, but dont currently reside in the district? Go to http://t.co/XfbhKUgIIx to learn your rights #coleg

— Jon Caldara (@JonCaldara) September 3, 2013

Jon Caldara.

?Clicking through on that eyebrow-raising Tweet from Jon Caldara takes you to a new website, Bring In The Vote, which advertises itself as "a project of the Independence Institute." Here's what it says:

Something really cool in the new law, you can even wait until the election day to decide if you have time to register and cast your ballot. No more having to register 30 days before the election and no more being required to live that entire time in the district where you choose to vote. In fact, you just have to have an address in the district. Honestly, they’d like you to live there, but no one can force you. [Pols emphasis] The law allows you to move from one Colorado district to another up until the day before the election if you have the “intention” of making the new district your home. Although they may call you a name such as “gypsy voter.” 

…Colorado lawmakers have declared that if a registered Colorado voter moves from one precinct in this state to another “with the intention of making the new county or precinct a permanent residence, the person is considered to have residence in the county or precinct to which the person has moved.”

The website is tongue-in-cheek in an inane sort of way, but there's nothing to clearly disclaim to readers anywhere that no, you cannot actually vote in these recall election if you don't reside in the districts. The truth is that any misrepresentation of one's residence to vote in a district one does not live in is a felony–to include misrepresenting one's "intentions" to reside there. When Caldara says "they'd like you to live there, but no one can force you," that's simply not true. As GOP Secretary of State Scott Gessler's own office verified, a voter must have already moved to the district in order to claim their "intention" to live there. Any false affirmation entering into this chain of events is a felony under Colorado law.

Reading these sophomorically worded "instructions," it's undeniable that a casual reading of this website could give voters the idea that they can successfully "gypsy vote" in these recall elections. There's only one instance on the entire website we can find of even the barest legal disclaimer:

This summary is provided for information purposed only and not for the purposes of offering legal advice or a legal opinion on any matter. No reader should act or refrain from acting on the basis of any statement of the Independence Institute in this summary without seeking advice from qualified legal counsel on the particular facts and circumstances involved. [Pols emphasis]

Translation: "Please don't actually do this!" But you don't see this disclaimer until you get to the bottom of one page on the site, and not the same page as the claim "no one can force you" to live in the district.

The fact is, this site is so poorly constructed and worded that most users won't get what the point is at all. But other than to encourage vote fraud, we don't have any idea why this would considered a good idea. And if the hope was actually to produce real, if perhaps unsuspecting "gypsy voters?" We don't have the words to articulate just how stupid that would be.

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BREAKING: “Bo” Ortiz Wins Big For Pueblo Voters

Pueblo County Clerk Gilbert “Bo” Ortiz.

Following court action today, a major development in the Senate District 3 recall election against Senator Angela Giron of Pueblo–as a press release this evening from Pueblo County Clerk Gilbert "Bo" Ortiz explains:

Pueblo County Clerk Gilbert “Bo” Ortiz announced today that Senate District 3 voters can begin casting their ballots for the recall election beginning tomorrow from 9:00 a.m. – 6:00 p.m. at the Pueblo Elections Division, 720 N. Main Street. That decision comes on the heels of a court decision today in Ortiz’s favor on several issues.

Ortiz argued that in order to provide better access, voters should be able to get a no-excuses absentee ballot to vote in the recall election, they could provide a yellow voter postcard as ID at the polls to process voters faster and overturn language that would have required military and students to meet a stricter residency ruling than other voters. Denver District Judge Robert McGahey ruled in Ortiz’s favor on all counts.

“Today is a good day for voters. This will free up access to the polls for voters, apply fair rules on residency requirements to vote and cut down on lines through September 10,” said Ortiz.

The favorable rulings, turning back arguments from GOP Secretary of State Scott Gessler, mean that early voting in Pueblo will begin tomorrow, continue on Labor Day and all of next week, and–this marking a major development from the prior status quo–absentee ballots may be requested by all voters through September 3rd. FOX 31's Eli Stokols has the reaction from Gessler:

Secretary of State Scott Gessler’s office told FOX31 it has no problem with Ortiz’s decision to open early voting centers.

But Gessler was disappointed in Judge Robert McGahey’s rulings Thursday morning throwing out his proposed rules for the recall: one which requires limited access for mail ballots; and another that would have required voters to declare their intent to make the address on their voter registration form their permanent address to prevent so-called gypsy voters.

Gessler may not like it, but Judge Robert McGahey was unequivocal that the rule imposed by Gessler to deal with the chimeral issue of so-called "gypsy voters" was beyond his authority. Much more sinister in our opinion is Gessler's objection to absentee ballots being available on a "no excuses" basis.  El Paso County, where the other recall election is taking place, can't print ballots until a challenge from the Libertarian candidate to the insufficiency ruling on her petitions is resolved. But if Pueblo is able to proceed, there's no good reason why they shouldn't be allowed to deliver a mail ballot to anybody who asks for one. There's no "uniformity" at risk with entirely separate recall elections that just happen to be on the same date.

And again, as good county clerks know, these questions should always be resolved by making voting work.

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Gessler’s Latest “Illegal Voters” Evaporate On Examination

Scott Gessler.

?As the Boulder Daily Camera's Erica Meltzer reports:

Last month, Colorado Secretary of State Scott Gessler gave Boulder County District Attorney Stan Garnett a list of 17 names, all suspected of voting in the November election despite being non-citizens.

Those names were among 155 people identified statewide as possible illegal voters.

But an investigation by Garnett's office found that all 17 people were citizens and were able to easily verify their status, the district attorney said Wednesday…

"Local governments and county clerks do a really good job regulating the integrity of elections, and I'll stand by that record any day of the week," Garnett said. "We don't need state officials sending us on wild goose chases for political reasons." [Pols emphasis]

Republican Secretary of State Scott Gessler's years-long quest for "illegal voters" on the Colorado rolls has consistently ended in embarrassing failure, ever since his first dire warnings of ten thousand or more "illegal voters" in 2011. Verification that all 17 voters turned over to the Boulder County DA are in fact legal citizens is just the latest example of the absolutely pitiful return on Gessler's large investment of time and resources on this non-problem.

Meanwhile, other problems his office is directly responsible, like the failure of the state's mobile voter registration website to record hundreds of registrations, are brushed off as "inevitable glitches." The right-wing media and friendly organizations like True the Vote who sing Gessler's praises for the big scary numbers he throws around are silent when the truth comes out, and Gessler is found to be wasting everyone's time. The fact is, Gessler has done more to disprove the right's endless allegations of voter fraud in American elections than most of his opponents, but you'll never hear that from True the Vote. The true purpose for Gessler and conservative "vote fraud watchdogs" in these witch hunts, sowing doubt in the process and chilling participation by perfectly legal citizens, provides an ongoing raison d'être no matter what the facts are.

At this point, we believe Gessler depends on the outcome getting less attention.

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Gessler Helps Debunk “Gypsy Voters” Mythology?

We've been talking for a few days now about allegations being made by conservatives regarding Colorado's voter registration process after the passage of House Bill 1303, the Voter Access and Modernized Elections Act–which will be in effect for the first time for the recall special elections in two Colorado Senate districts next month. Following some alarmist (and unfounded) comments from GOP Douglas County Clerk Jack Arrowsmith about the supposed possibility of voters being 'bused' into these districts to take advantage of a 'loophole' in the new law, the story spread rapidly through the conservative news ecosystem.

Actual voter fraud is extremely rare, of course, but the conservative coverage of this supposed 'loophole,' implying that it may be legal for voters to converge on these Senate districts from across the state, might actually lead to some number of Republican voters trying to fraudulently vote in these recall elections. We have tried our best to discourage that, but regret we may not have as large a conservative readership as the Daily Caller.

Yesterday, the Colorado Springs Independent's J. Adrian Stanley did a great job debunking the story:

While rare, fraud has always existed. Some people have attempted to register more than once using fake birthdays and Social Security numbers; others have voted more than once under one registration, perhaps by sending a mail ballot, then showing up later at a polling place.

[EL Paso County Clerk spokesman Ryan] Parsell says those types of cheaters are generally caught, and their names turned over to the local district attorney for investigation. But he worries that now, there's another way to game the system: A voter may drive in from an outside district, change his address on his registration form, and vote. Later, he says, a person can change his address back and say he intended to move, but never did…

This scenario has gotten attention on the Internet, where it's often derogatorily referred to as "gypsy voting."

…But there are a few reasons why this may turn out better than it sounds. First, according to an email from Gessler's office to Williams' office, [Pols emphasis] a person must have already moved into a district in order to vote in it.

"The 'intention' language is only relevant after the elector moved," it says.

Second, the same email confirms, clerks can and should refer any fishy behavior to the local DA's office. Ortiz, for instance, says he will track all last-minute change-of-address voters. If the address reverts in the coming months, he'll refer that voter to the DA…

And there's yet another reason why widespread fraud seems unlikely: A last-minute address change has actually long been possible. Ortiz notes that the process was previously called "emergency voting," and it wasn't popular.

The bottom line, as the Independent reports and we said days ago, is that all such misrepresentation is against the law, and anyone who actually votes using a fake residence is committing a felony. The biggest reason there is so much more discussion of vote fraud than there are actual cases is that the penalties are really very severe relative to the infraction–and that is by design. Individual, anecdotal cases of fraud consistently boil down to that one person's mistake or misguided decision, not coordinated plots to swing an election.

Again, unless a bunch of Republicans read this Daily Caller story and decide to attempt just that.

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Today In BS: “Gypsy Voters” To Overrun Recalls?

?A startling headline went up at the national conservative blog Daily Caller earlier this week:

Colorado recall elections risk becoming a ‘free-for-all’ under new Dem-sponsored election law

In yet another twist in the recall elections against gun control-supporting Democrats, it appears that anyone in the state of Colorado can vote on whether Senate President John Morse and Sen. Angela Giron get the boot or stay in office.

The quirk is a result of a new election law passed during the same contentious Democratic-controlled legislative session that produced the gun control bills — and in an additional bit of irony, Giron sponsored it in the state senate…

As reported by the Colorado Observer, the strict wording of the law can be interpreted to mean that anyone who has lived anywhere in Colorado for at least 22 days prior to the Sept. 10 recall elections can register to vote in Morse’s and Giron’s districts, all the way up until the day of the election, whether they live in those districts or not.

All that’s required under the new law is for prospective voters to tell election staff that they intend to move to those districts in the future. Those voters don’t actually have to  – state officials have no way of following up on such promises.

“Without further clarification from the Secretary of State’s rulemaking, I don’t believe any law would be broken,” Douglas County Clerk and Recorder Jack Arrowsmith told the Observer. [Pols emphasis]

So, you may have noticed that this latest scandalized claim from the right, citing a supposed "loophole" in the state's new election laws that allows voters from across the state to vote in these two Senate districts in Colorado Springs and Pueblo, hasn't been repeated by legitimate local or national media.

The reason is simple: it's a load of BS.

Folks, giving false information of any kind for the purposes of registering to vote is always a crime. It was a crime before the passage of this year's Voter Access and Modernized Elections Act, and it is still a crime. If a person misrepresents where they live, who they are or any other pertinent information, that is voter fraud. It is a criminal act. Every form completed by such a voter registering or changing registration contains clear language warning that they are affirming that information under penalty of perjury. And that's just for registration. In Colorado, if you cast a vote under an assumed name, address or any other falsified information, you are committing a felony. Period.

There are numerous Colorado statutes that detail these procedures and penalties. We've talked to a number of knowledgeable sources about it, and none of them can explain what Douglas County Clerk Jack Arrowsmith is thinking asserting that this kind of activity might be legal. Of course it's not. And the clerks certainly can track this. And district attorneys stand ready to prosecute all such violations of Colorado law.

Seeing as how this preposterous notion is only spreading in conservative circles, we would strongly advise somebody on that side of the aisle set the record straight before, well, something embarrassing happens.

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