Arapahoe County needs to stop fighting state requirements that it provide voters a place to drop off mail-in ballots at any polling place on Election Day.
The state’s 63 other counties have found a way to comply with this law, and Arapahoe should be able to as well.
It sounds to us that Arapahoe County is objecting more on principle, rather than arguing about an actual problem with logistics or finances. The bottom line is we think they’re wrong on principle, too.
The county refuses to comply with legislation passed in 2009 that mandates counties provide voters with a way to drop off mail-in ballots at all polling places.
Arapahoe has designated 15 places where people can drop off ballots, but has more than 200 polling places.
According to a Denver Post story by Carlos Illescas, Arapahoe County officials claim it will cost as much as $80,000 to comply with this law. They call the requirement an unfunded mandate, and say it violates a state law prohibiting such mandates.
Secretary of State Bernie Buescher, who is seeking a court order forcing Arapahoe to follow the law, argues in court pleadings that voting is different. It is not a state law or requirement, but a fundamental right. We are persuaded by the arguments Attorney General John Suthers makes on his behalf in this case.
Furthermore, Buescher pegs the cost at $20,000 to $30,000, and perhaps even less. That’s a lot lower than the county estimate.
Regardless of the exact cost, Arapahoe County argues the requirement would run afoul of a 1991 law forbidding state mandates that local governments offer a service without also providing state funding for the work.
Suthers argues voting is a “foundational requirement” underlying the state’s admission to the union and the Colorado Constitution. It is not a requirement ensconced in state rules or laws, so the prohibition on unfunded mandates does not apply.
The attorney general argues that enhancing the ability to vote is an extension of the constitutional mandate to provide free and open elections.
In addition, the duty of conducting elections in Colorado historically has fallen to local officials, and the counties have been responsible for paying for them.
If the court decides against the state, it is not hard to envision that the state’s 64 counties could adopt policies that would offer differing levels of access to the ballot box. Imagine that voters in one county had the ability to drop off a mail-in ballot on Election Day, and voters in others didn’t. The situation would establish a disparity in access. A ruling against the state and in favor of Arapahoe County would set a bad precedent that could have a broad impact on voting in Colorado.
We hope the county reconsiders its position and gives up what surely must be expensive litigation.
