The lawsuit filed by the state of Colorado against Arapahoe County has extensive ramifications and tax considerations for all citizens. Those who would have you believe that this is about ballot access are mistaken.
In 2009, the Colorado legislature and Gov. Bill Ritter enacted legislation that requires county clerks to greatly increase drop-off locations for mail-in ballots on Election Day. The problem is the new state law does not provide for any additional compensation to county budgets from the state for increased expenses to enact the policy.
This bill is an unfunded state mandate, and therefore, pursuant to Section 29-1-304.5, C.R.S., is an optional level of service on the part of the county.
While we do not welcome litigation, we must determine just how much authority the state has over a county’s budget. If Arapahoe County is mandated to fund this requirement, what other expenditures can be imposed at no cost to the state of Colorado? State, county, and city budgets are being stretched. We cannot afford to implement new, costly requirements for which there is no need.
The state’s position is especially disturbing since Arapahoe County already provides multiple locations for mail-in ballot drop-off on Election Day. In this November’s election, we will have 15 convenient drop-off locations for mail-in ballots. These locations are available 15 days before the election through 7 p.m. on election night. The state now wants all 200 Arapahoe County polling places to be staffed by additional trained, paid personnel for ballot drop-off.
We have never received a complaint from a citizen claiming to have been inconvenienced by a lack of locations. In reality, the closest place to drop one’s ballot is at the end of the driveway — in the mailbox.
Arapahoe County has provided election services in a fiscally responsible manner while ensuring that every voter has the opportunity to vote. Voters can choose to vote by mail, vote early, or cast a ballot at their precinct on Election Day. Now, the state wants to take money from other Arapahoe County services and shift money to a solution in search of a problem.
We will continue to conduct Arapahoe County’s elections in a fair, honest, and fiscally responsible manner while ensuring that every voter has the ability to vote. What we oppose is allowing the state to require any new unfunded mandates that take away Arapahoe County’s ability to determine its expenditure of tax dollars.
Nancy A. Doty is clerk and recorder for Arapahoe County.
