Mail in Ballots

This is the only blurb I could find on the final outcome of voting method for the Aug Primary. This is from the archives of Park Bulletin::


PRIMARY ELECTION VOTING WILL BE AVAILABLE AT POLLING CENTERS
Clerk confirms that proposal for mail-only ballot failed. Voting in the August primary election will be allowed at polling centers county-wide on election day. Optional mail ballots will be available as usual. (Developing)

OMG!!!! Our voting system up here has definately been involved in "voting fraud" because it personally happened to me!!! It's very REAL!!! Go to the other web-sites, look around, and find threads in reference to the last commissioner race, there is story after story of peoples votes not being counted, or peoples names not on the voter registration list, you name it. THIS IS NOT A JOKE!!!

Our SOS contact (given to me by an FBI agent) is Wayne Munster.
His email address is:
PLEASE call or send him an email!

vote early and vote often!!

I'm sick of this whole mess. My vote is up for sale.....

FYI - Email from Wayne Munster with the SOS:
If you are not aware Park county is conducting the Primary Election using vote centers. A vote center allows electors to cast a ballot anywhere a vote center is located, regardless of where their precinct is. Also, the vote center employs electronic voting equipment and the ability to vote a paper ballot. In order to receive a mail in ballot the elector must either request it for the election or be on the permanent mail in ballot list. An elector that receives the mail in ballot they requested can either mail it back to the clerk’s office, deliver it to a drop off location or surrender it at a vote center and vote on the electronic voting equipment.

FYI - This is a lot of info from the SOS site but residents should be aware of all of this:

Sec. 1973f
Observers at elections; assignment; duties; reports whenever an examiner is serving under subchapters I-A to I-C of this title in any political subdivision, the Director of the Office of Personnel Management may assign, at the request of the Attorney General, one or more persons, who may be officers of the United States, (1) to enter and attend at any place for holding an election in such subdivision for the purpose of observing whether persons who are entitled to vote are being permitted to vote, and (2) to enter and attend at any place for tabulating the votes cast at any election held in such subdivision for the purpose of observing whether votes cast by persons entitled to vote are being properly tabulated. Such persons so assigned shall report to an examiner appointed for such political subdivision, to the Attorney General, and if the appointment of examiners has been authorized pursuant to section 1973a(a) of this title, to the court.

Sec. 1973i Prohibited acts
(a) Failure or refusal to permit casting or tabulation of vote
No person acting under color of law shall fail or refuse to permit any person to vote who is entitled to vote under any provision of subchapters I-A to I-C of this chapter or is otherwise qualified to vote, or willfully fail or refuse to tabulate, count, and report such person's vote.

(b) Intimidation, threats, or coercion
No person, whether acting under color of law or otherwise, shall intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person for voting or attempting to vote, or intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person for urging or aiding any person to vote or attempt to vote, or intimidate, threaten, or coerce any person for exercising any powers or duties under section 1973a(a), 1973d, 1973f, 1973g, 1973h, or 1973j(e) of this title.

(c) False information in registering or voting; penalties
Whoever knowingly or willfully gives false information as to his name, address or period of residence in the voting district for the purpose of establishing his eligibility to register or vote, or conspires with another individual for the purpose of encouraging his false registration to vote or illegal voting, or pays or offers to pay or accepts payment either for registration to vote or for voting shall be fined not more than $10,000 or imprisoned not more than five years, or both: Provided, however, That this provision shall be applicable only to general, special, or primary elections held solely or in part for the purpose of selecting or electing any candidate for the office of President, Vice President, presidential elector, Member of the United States Senate, Member of the United States House of Representatives, Delegate from the District of Columbia, Guam, or the Virgin Islands, or Resident Commissioner of the Commonwealth of Puerto Rico.

(d) Falsification or concealment of material facts or giving of false statements in matters within jurisdiction of examiners or hearing officers; penalties

Whoever, in any matter within the jurisdiction of an examiner or hearing officer knowingly and willfully falsifies or conceals a material fact, or makes any false, fictitious, or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both.

(e) Voting more than once.

(1) Whoever votes more than once in an election referred to in paragraph (2) shall be fined not more than $10,000 or imprisoned not more than five years, or both.

(2) The prohibition of this subsection applies with respect to any general, special, or primary election held solely or in part for the purpose of selecting or electing any candidate for the office of President, Vice President, presidential elector, Member of the United States Senate, Member of the United States House of Representatives, Delegate from the District of Columbia, Guam, or the Virgin Islands, or Resident Commissioner of the Commonwealth of Puerto Rico.

(3) As used in this subsection, the term "votes more than once" does not include the casting of an additional ballot if all prior ballots of that voter were invalidated, nor does it include the voting in two jurisdictions under section 1973aa-1 of this title, to the extent two ballots are not cast for an election to the same candidacy or office. Sec. 1973j Civil and criminal sanctions

(a) Depriving or attempting to deprive persons of secured rights
Whoever shall deprive or attempt to deprive any person of any right secured by section 1973, 1973a, 1973b, 1973c, 1973e, or 1973h of this title or shall violate section 1973i(a) of this title, shall be fined not more than $5,000, or imprisoned not more than five years, or both.

(b) Destroying, defacing, mutilating, or altering ballots or official voting records
Whoever, within a year following an election in a political subdivision in which an examiner has been appointed (1) destroys, defaces, mutilates, or otherwise alters the marking of a paper ballot which has been cast in such election, or (2) alters any official record of voting in such election tabulated from a voting machine or otherwise, shall be fined not more than $5,000, or imprisoned not more than five years, or both.

(c) Conspiring to violate or interfere with secured rights
Whoever conspires to violate the provisions of subsection (a) or (b) of this section, or interferes with any right secured by section 1973, 1973a, 1973b, 1973c, 1973e, 1973h, or 1973i(a) of this title shall be fined not more than $5,000, or imprisoned not more than five years, or both.

(d) Civil action by Attorney General for preventive relief; injunctive and other relief
Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice prohibited by section 1973, 1973a, 1973b, 1973c, 1973e, 1973h, 1973i, or subsection (b) of this section, the Attorney General may institute for the United States, or in the name of the United States, an action for preventive relief, including an application for a temporary or permanent injunction, restraining order, or other order, and including an order directed to the State and State or local election officials to require them (1) to permit persons listed under subchapters I-A to I-C of this chapter to vote and (2) to count such votes.

(e) Proceeding by Attorney General to enforce the counting of ballots of registered and eligible persons who are prevented from voting.
………………………………………………………………………………………

Voting System Access

11.2.1 The county clerk and recorder shall not program or operate the voting system subject to section 1-5-607, C.R.S.

11.2.2 Any election setup materials shall be stored by the county clerk and recorder under security with access limited to the person or persons so authorized in writing by the county clerk and recorder.

11.2.3 Employees of the county clerk and recorder who are authorized by the county clerk and recorder to prepare or maintain the voting system or election setup materials shall be deputized by the county clerk and recorder for this specific purpose and so sworn prior to the first election of the calendar year in which they will be performing one or more of these activities.

11.2.4 The county clerk and recorder shall request an Internet Criminal History Check (ICHC) from the Colorado Bureau of Investigation (CBI) for all full-time, part-time, permanent and contract employees of the county who staff the counting center and who have any access to the electromechanical voting systems or electronic vote tabulating equipment. At the direction of the county clerk and recorder, an ICHC check may be conducted on election judges. The county clerk and recorder shall request the ICHC once per calendar year for such employees prior to the first election of the year.

11.2.5 If the ICHC indicated that the employee or contract employee has been found guilty of a crime involving breach of trust, fraudulent, coercive, or dishonest practices or demonstrating incompetence, untrustworthiness, or election offenses pursuant to sections 1-13-101 et seq., C.R.S., the county clerk and recorder shall prohibit such employee or contact employee from preparing, programming, operating, using or having any access whatsoever to electromechanical voting systems or electronic vote tabulating equipment at any time during that person’s employment.
Rule 13. Rules Concerning Mail-in Voting

13.1 All election materials prepared by the designated election official, including the Article X, Section 20 notice, may be included in the mail-in ballot packet.

13.2 The county clerk and recorder shall keep a list, to the extent possible, of the names and mailing addresses of all individuals who deliver more than ten (10) voted mail-in ballots to the designated or coordinated election official’s office or the designated drop site for mail-in ballots.

13.3 The county clerk and recorder shall notify each individual on the list required by 13.2 by letter that they have violated section 1-8-113, C.R.S., by delivering more than ten (10) mail-in ballots to the designated election official.

13.4 The designated election official shall require that the eligible elector submit a copy of his or her identification as defined in section 1-1-104(19.5), C.R.S., with the elector's ballot in the return envelope if the eligible elector registered to vote by mail pursuant to Part 5, Article 2, Title 1, C.R.S., and failed to include the copy with the original registration or failed to supply a driver’s license number, Colorado Department of Revenue ID number or at least the last four digits of a social security number that was subsequently verified per Rule 30.3.

13.5 The county clerk and recorder shall indicate on the list of registered voters requested by the designated election official those registered voters required to be identified in Rule 13.4.

13.6 In any election where a multiple page printed ballot is used, a voter must vote and return all pages of the ballot at the same time. Any voter who has returned at least one page of a multiple page printed ballot will be considered to have voted. Any additional page returned at a later time shall not be counted but shall be appropriately marked, set aside, and preserved as other election materials in accordance with section 1-7-802, C.R.S.

13.7 If the elector is required to provide his or her identification, the outside of the return envelope shall be marked to identify such envelope. A county may use additional methods to communicate the requirement to provide identification. The elector shall also be provided with specific instructions on the requirement to provide such identification.

13.8 If the marked return envelope does not contain proper identification, the ballot shall be verified and counted as follows:

13.8.1 In accordance with section 1-8-113(3)(d), C.R.S., the elector shall be sent a letter explaining that he/she has not provided identification. Nothing in this rule shall be construed to prohibit the designated election official from calling the elector; however, a phone call shall not substitute for notification to the elector in writing.

13.8.2 If the elector provides a copy of his/her identification within eight days after election day, then the ballot shall be verified and counted in the same manner as other mail-in ballots in accordance with section 1-8-113, C.R.S.

13.9 If a voter has been directed to return a document with his or her voted ballot, the election judge shall open the returned envelope to retrieve the required form. If the required form cannot be found in the return envelope, the election judge shall open the secrecy envelope/sleeve to find the required form or document in an effort to not disenfranchise the voter.

13.10 For any non-matching or missing signatures on a mail-in ballot return envelope, Rule 29 concerning procedures for the verification of signatures shall be followed.

Colorado Secretary of State Election Rules [8 CCR 1505-1]
Rule 13 – As amended 6/23/10 2

13.11 The designated election official’s duties under section 1-8-112, C.R.S., are triggered if the U.S. mail is delivered collectively to the residential facility. If the U.S. mail is delivered to individuals or individual mailboxes, the requirements of section 1-8-112, C.R.S., shall not be applicable.

13.12 Mail-in voters who appear in person at the polling place shall be permitted to cast a ballot in accordance with the following provisions:

13.12.1 Mail-in voters who have requested and have been issued a mail-in ballot, who appear at the polling place on election day shall be permitted to cast a provisional ballot in accordance with section 1-8.5-101(3), C.R.S.

13.12.2 Mail-in voters who have requested and have been issued a mail-in ballot who appear at an early voting location may vote a regular ballot in accordance with section 1-8-113(1)(e), C.R.S. The mail-in ballot must be voided prior to issuing the early voting ballot.

13.12.3 Unaffiliated mail-in voters who have not been issued a mail-in ballot, who appear at their correct polling place in a primary election may affiliate and be issued a regular ballot in accordance with sections 1-7-201 and 1-8.5-101(5), C.R.S.

Rule 8. Rules Concerning Watchers
8.1 Definitions:

8.1.1 “Official Observer” means either an observer appointed by the Secretary of State or an observer appointed by the federal government and approved by the Secretary of State.
Official Observers may be present in all phases of the election process, but are subject to rules and regulations as prescribed by the Secretary of State and perform duties as may be assigned by the Secretary of State.

8.1.2 “Watcher” shall mean an eligible elector, in the State of Colorado, "OTHER THAN A CANDIDATE ON THE BALLOT" who has been selected by a political party chairperson on behalf of the political party, by a party candidate at a primary or recall election, by an unaffiliated candidate at a general, congressional vacancy, nonpartisan, or recall election by a person designated by either the opponents/proponents in the case of a ballot issue or ballot question. If selected by a political party chairperson, a party candidate, or an unaffiliated candidate, the watcher shall be affiliated with that political party or unaffiliated as shown on the registration books of the county clerk and recorder. A designated watcher need not be a resident of the county he or she is designated in as long as he or she is an eligible elector in the State of Colorado. See
section 1-1-104(51), C.R.S.

8.1.3 “Media Observer” shall mean an observer with valid and current media credentials from the media who shall adhere to the formal document “Guidelines for Members of the Media Who Observe Election Counts and Recounts” dated June 2004, as may be amended, which are incorporated herein by this reference for all proper purposes.

8.2 Qualification of Watchers. Watchers shall certify they are qualified pursuant to sections 1-1-104(51), 1-7-105, 1-7-106, 1-7-107, and 1-7-108(2), C.R.S. Watchers shall take an oath as provided in section 1-7-108(1) and shall, upon first entering the precinct place or location, surrender to the election official or election judges a certificate of appointment at each precinct polling place or location where the watcher has been designated to act.

8.2.1 If a watcher leaves a precinct and the same watcher returns later in the day to the same precinct, another certificate of appointment is not necessary and shall not be required. The original certificate of appointment will suffice.

8.2.2 If a watcher is replaced during the day, the watcher replacing the original watcher must have an original certificate of appointment for that precinct.

8.2.3 Certificate of appointment as a watcher is not transferable to another individual.

8.3 Political party attorneys are not allowed in the polling place unless they are duly appointed as watchers.

8.4 Watchers are not allowed to have cell phones, cameras, recording devices, laptops or PDAs (Palm Pilot, Blackberry, etc.) in the polling place.

8.5 List of Eligible Electors. To assist Watchers in performing their tasks, the election official or election judge shall provide a list, log, check-in card or other similar information of voters who have appeared in the precinct polling place to vote. The information or documents shall not be removed from the polling place or voting location. Watchers may maintain a list of eligible electors who have voted by utilizing only that information provided by the election official or election judge, except that they may bring with them into the polling place or location a list of electors previously maintained by the Watcher. Section 1-7-108(3), C.R.S.

8.6 Watchers shall be subject to the provisions of section 1-5-503, C.R.S.

8.7 What Watchers May Observe. Duly appointed Watchers may observe polling place voting, early voting and the processing and counting of precinct, provisional, mail, and mail-in ballots. For mail ballot elections, or mail-in ballot processing, watchers may be present at each stage of the election including the receiving and bundling of the ballots received by the designated election official. Watchers may be present during provisional ballot processing but may not have access to confidential voter information.

8.8 Limitations of Watchers. Duly appointed Watchers may observe election judges but may not interrupt or disrupt the processing, verification and counting of any ballots or any other stage of the election. Watchers may track the names of electors who have cast ballots by utilizing their previously obtained lists, but may not write down any ballot numbers or any other identifying information about the electors. Watchers may not handle the poll books, official signature cards, ballots, mail ballot envelopes, mail-in ballot envelopes or provisional ballot envelopes, voting or counting machines or machine components. Watchers shall not interfere with the orderly process and conduct of any election, including ballot issuance, receiving of ballots, voting or counting of the ballots.

Watchers may not be allowed to interact with election officials or election judges, except that each designated election official shall name at least one individual in each precinct polling place or election location to whom Watchers may direct questions or from whom watchers may seek requested information.

8.9 Appointment of Watchers

8.9.1 Parties May Appoint Watchers. Major and minor political parties with candidates on the ballot may appoint one Watcher each to be present to observe polling place voting, early voting, and the processing and counting of regular, provisional, mail and mail-in ballots. See sections 1-7-105 and 1-7-106, C.R.S.

8.9.2 Registered Issue Committees May Appoint Watchers. Registered issue committees supporting or opposing a ballot measure may appoint one Watcher each to be present to observe polling place voting, early voting, and the processing and counting of regular, provisional, mail and mail-in ballots.

8.10 Official Observers Appointed by the Federal Government. Official Observers appointed by the federal government shall be approved by the Secretary of State and shall be subject to Colorado law and these rules as they apply to Watchers; however, they need not be eligible electors in the jurisdiction in which they act as Watchers. This Rule shall not apply to Official Observers appointed by the United States Department of Justice. Official Observers appointed by the Secretary of State shall be subject to the rules and regulations as prescribed by the Secretary of State. Official Observers shall obtain from the Secretary of State, or his or her designee, duly executed letters of authority. The Official Observers shall surrender such letter of authority to the designated election official in the jurisdiction in which they act as Watchers.

8.11 Watchers, Official Observers and Media Observers at a Recount. Watchers, Official Observers and Media Observers may be present at a recount. Watchers, Official Observers and Media Observers must be qualified and sworn for a recount in the same manner as provided in Rule 8.2 and are subject to all other provisions related to the recount process. Any political party, candidate involved in the recount or proponents or opponents of an issue or question involved in the recount may appoint one Watcher to be present at any time during the recount. The candidate who is subject to a recount may appoint him or her self, or a member of the candidate’s family by blood or marriage, as a watcher at a recount. See sections 1-7-105 and 1-7-106, C.R.S.

This is key, regarding not voting on your mail-in ballot (bold mine):

13.12 Mail-in voters who appear in person at the polling place shall be permitted to cast a ballot in accordance with the following provisions:

13.12.1 Mail-in voters who have requested and have been issued a mail-in ballot, who appear at the polling place on election day shall be permitted to cast a provisional ballot in accordance with section 1-8.5-101(3), C.R.S.

13.12.2 Mail-in voters who have requested and have been issued a mail-in ballot who appear at an early voting location may vote a regular ballot in accordance with section 1-8-113(1)(e), C.R.S. The mail-in ballot must be voided prior to issuing the early voting ballot.

In either scenario you should bring your mail-in ballot with you.

Regarding 13.12.1: A provisional ballot is also paper. Provisional ballots are not counted until 10 days after the election, per the Clerk's office.

Regarding 13.12.2: If you go to either Clerk's office for early voting (8/2-5 because remember they're closed Fridays) they will void your mail-in ballot and then you will vote on the DRE machine the same as if it was election day.

You cannot show up at any voting center on election day and vote on the electronic machine if you have been issued a mail-in ballot.

Boxes will be available at all voting centers to take your mail-in ballot on election day.

This is a little confusing since the SOS guy, Wayne Munster, (these are his exact words) said:

A vote center allows electors to cast a ballot anywhere a vote center is located, regardless of where their precinct is. Also, the vote center employs electronic voting equipment and the ability to vote a paper ballot. In order to receive a mail in ballot the elector must either request it for the election or be on the permanent mail in ballot list. An elector that receives the mail in ballot they requested can either mail it back to the clerk’s office, deliver it to a drop off location or surrender it at a vote center and vote on the electronic voting equipment.

So...can we vote electronically? Is it any safer?

All of what you wrote is correct but not complete. The timing is not included in the SoS election rules. Because of this, I called the Clerk's office this morning and was given the info that they have (which does not disagree with the SoS) but included the timing, and is the standard by which they are going. I am not going to get into a tussle with an election official at the polls on election day, not going to vote a provisional ballot which is not private. I will go to the early voting center between 8/2 and 8/5, have my mail-in ballot voided, and vote on the electronic machine.

Given the state of things in ParkCo I think the voting machine is safer, and my vote is more apt to be counted.