(Aspen, CO) Late in the afternoon on Friday, October 7, 2011, Judge Brian Whitney of the Denver District Court issued an order denying Secretary of State Scott Gessler’s motion for a preliminary injunction to prohibit Debra Johnson, Clerk and Recorder of the City and County of Denver, from sending mail ballots for the 2011 Coordinated Election to Denver electors designated “Inactive – Failed to Vote” (“IFTV”).
As a result of the court’s denial of Secretary Gessler’s request, the clerks for the City and County of Denver and Pueblo County announced their intent to immediately send mail ballots to inactive-failed to vote electors, in addition to active electors.
A short time after Judge Whitney’s decision was announced, Judd Choate, the Director of Elections for the Colorado Department of State, sent an email to all county clerks, advising that “the Secretary will not prevent any other county from mailing to IFTVs as Denver will next week.”
As a result of these developments, Pitkin County Clerk and Recorder Janice K. Vos Caudill announces that Pitkin County electors designated “Inactive – Failed to Vote” will be sent mail ballots for the 2011 Coordinated Election, without first having to reactivate. Clerk Vos Caudill made this decision because a) she has been expressly authorized to do so by the state Director of Elections, and b) she believes that Pitkin County electors deserve exactly the same convenience and ease of voting in mail ballot elections as the Denver District Court has now determined that electors of other Colorado counties should have.
This decision will require the Pitkin County Elections Department to reconfigure the 2011 election build in the statewide voter registration database (“SCORE”) to include IFTV voters. Moreover, additional ballots and envelopes will need to be ordered and printed for the 2,568 Pitkin County electors with the IFTV designation. The Pitkin County Elections Department will be working closely with technical support representatives of the Department of State and its ballot printing vendor to accomplish these tasks as quickly as possible. Further information regarding the date on which mail ballots will be sent to Pitkin County’s IFTV voters will be released as soon as these details have been resolved and are known.