Denver Clerk and Recorder Debra Johnson on Wednesday sued Colorado Secretary of State Scott Gessler, challenging a rule from his office that would block ballots from being mailed to inactive voters in city and school board elections.
“The election rules adopted in August by the Colorado secretary of state prohibiting the mailing of ballots to inactive-failed-to-vote voters in nonpartisan and coordinated elections infringes on Denver’s status as a home rule city and county,” Johnson said in a statement. “We believe that the secretary of state is overstepping his authority by trying to control who gets ballots in local municipal elections.
“The Colorado Constitution and Denver City Charter make it clear that municipal elections in the City and County of Denver are regulated at the local level and that the clerk and recorder has exclusive authority to conduct municipal elections.”
Gessler is already embroiled in a lawsuit with Johnson over her trying to send ballots to inactive voters — those who have missed voting during one cycle — in the November 2011 election, where a statewide ballot question was before voters.
But Gessler’s office in August adopted a rule saying ballots also could not be sent to voters in local non-partisan elections, such as school board and city council races, elections held in odd-number years.
Johnson’s lawsuit filed Wednesday in Denver District Court says that would violate Denver’s home rule status under the Colorado Constitution.
Neither case would affect mail ballots in the November 2012 election.
Gessler, a Republican, offered a short response to the suit filed by Johnson, a Democrat.
“As of last week, the clerk agreed with my office’s position, so this appears to be more grandstanding than actual policy differences,” he said through a spokesman.
Johnson replied that her office contacted Gessler’s and asked for clarification in writing that Denver, as a home rule county, would be able to send ballots to inactive voters in the local elections. She said Gessler’s office agreed with Denver’s view on its home rule status, but then never put that in writing.
Johnson said that, faced with a looming deadline to challenge the rule in court, Denver was left with no option but to sue.
Tim Hoover: 303-954-1626, thoover@denverpost.com or
