Sent: Thursday, May 29, 2008 1:42 PM
To: Hillary Hall [Boulder County Clerk & Recorder]
Cc: 'Colorado Voter Group'; Canvass Board Group; John Fryar ; Matt Sebastian ; Richard Valenty; Bob Greenlee
Subject: Unsolicited promotional mailing
Dear Ms. Hall,
We have conducted some research on your recent “Why wait in line… vote at home!” promotional mailing. We have several questions regarding the mailing:
- What section of the law authorizes the clerk to use public money to promote one method of voting over all others? (We use the word promote because the packet is unquestionably a promotional push marketing package. We cannot find such a promotional mailing in the law.)
- Before the package was mailed, was the package discussed with the political parties? The Secretary of State? The public?
- What funding was used to finance this unsolicited and unnecessary mailing?
- Approximately what was the total cost of the promotion, including design of the package and processing of responses?
- To whom was this mailing sent? (We have reports from households where some electors did and some did not receive the mailing.)
- How is it being verified that it is the eligible elector who submitted the request for mail-in voting? Have signatures been verified?
- Since the return-form enclosed in the promotional mailing is not the county’s official mail-in application form and is not in the form of a letter from the elector, by what authority has the clerk accepted this form as a valid application?
- The form included with the mailing has several significant flaws which very likely will have deceived some electors into signing up for permanent mail-in status. For example, there is no way that the elector can use the form for a one time mail-in ballot application. Also, the form does not provide the elector with the option to remove their name from the list. Also, the form does not notify the elector that they may ignore the request without risk of losing their right to vote using other voting methods including one-time mail-in voting.
- Would a privately designed return-form/promotion indicating an elector’s preference for in-person voting be accepted as a valid transaction by the clerk?
- By what authority does this mailing qualify as “Official Election Mail”?
- The return envelope indicates “Official Ballot Enclosed”, yet there is no such ballot.
- The package does not alert the elector to any of the problems of vote by mail, including direct and indirect disenfranchisement.
Regards,
Al Kolwicz
Colorado Voter Group
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From: Hall, Hillary [Boulder County Clerk & Recorder]
Sent: Thursday, June 12, 2008 11:57 PM
To: Al Kolwicz [Colorado Voter Group Trustee]
Subject: RE: Unsolicited promotional mailing
1. What section of the law authorizes the clerk to use public money to promote one method of voting over all others? (We use the word promote because the packet is unquestionably a promotional push marketing package. We cannot find such a promotional mailing in the law.)
My job as County Clerk and Recorder is to make voters aware of all the ways they may participate in an election. I know you are opposed to mail ballot elections and voting by mail, however it is a legal way to participate in the election and many prefer to do so. State legislature passed a law last year allowing voters to sign up as permanent mail-ballot voter if they so choose. County Clerks have the statutory authority to perform voter education and outreach, as well as to manage elections in the manner that puts taxpayers' dollars to the most effective use while still meeting strong requirements for security, accuracy and anonymity. Boulder County's recent mailing notified voters about this new option and is in no way prohibited by the law. The postage per envelope did not exceed standard non-profit pricing for a single letter.
In addition, as Boulder County Clerk & Recorder, I'm dedicated to upholding the democratic right to vote for all County residents and ensuring fair, accessible, accurate elections. This includes offering secure options that will enable the greatest number of eligible voters to cast their votes. We will continue to provide polling place elections in Boulder County as well as the options to vote early, and vote by mail. Voting by mail is an option for voters; not a single voter will be forced to sign up to vote by mail. Following is the statute passed by our legislature:
1-8-104.5. Application for permanent mail-in voter status. (1) Any eligible elector may apply for permanent mail-in voter status. The application for permanent mail-in voter status shall be made in writing or by facsimile using an application form furnished by the designated election official or in the form of a letter. The application shall contain the same information submitted in connection with an application for a mail-in ballot pursuant to section 1-8-104. (2) Upon receipt of an application for permanent mail-in voter status, the designated election official shall process the application in the same manner as an application for a mail-in ballot. If it is determined that the applicant is an eligible elector, the designated election official shall place the eligible elector's name upon the list maintained pursuant to section 1-8-108 of those eligible electors to whom a mail-in ballot is mailed each time there is a coordinated election.
2. Before the package was mailed, was the package discussed with the political parties? The Secretary of State? The public?
As part of my obligation to Boulder County registered voters, it is my duty to notify voters of their voting options. This mailing did exactly that: inform voters that they now have the option to vote by mail permanently. The contents of this mailing contained no reference to or bias towards any political party or candidate, and were in complete accordance with Colorado Revised Statues. Therefore, there was no reason to request approval with the Secretary of State's office or the political parties. I value and revere our country's democracy, in which the public has the power to express their wishes by electing representatives to make governmental choices on their behalf. By virtue of being an elected - rather than appointed - position, the Clerk and Recorder's office that I fill comes with the inherent understanding that the public has expressed their trust that I, as their representative, will make discretionary choices that represent their best interests; if the public feels that those choices are out of line with their desires, they are welcome to contact me or, ultimately, to voice their opinion through the power of the vote next term. Judging by the response to the mail ballot program in which more than 50,000 voters have signed up, the mail-ballot program and associated outreach do, indeed, have the tacit support of a very significant portion of the public.
3. What funding was used to finance this unsolicited and unnecessary mailing?
As the Boulder County Clerk & Recorder, I have a financial responsibility to make our elections as economical as possible while providing our voters with the voting methods they prefer to use. I am responsible for managing the elections' budget. The financing of this mailing was part of this budget. Furthermore, the return on investment of the mailing is significant in terms of total savings of public dollars. Providing the option to vote by mail saves valuable tax dollars. Delivering a mail ballot costs half as much as delivering a ballot to a polling location. In fact, the 2007 Coordinated Election, conducted entirely by mail-in ballots cost $X less than the 2006 General Election. In addition, the majority of voters did not object to voting by mail in the 2007 Coordinated Election.
This mailing was not unnecessary. While we will continue to provide polling place elections in Boulder County, it is also my responsibility to make voting by mail accessible to the registered voters in Boulder County who prefer this method and to notify them of their right to vote by mail.
4. Approximately what was the total cost of the promotion, including design of the package and processing of responses?
The total cost was $21,000.
5. To whom was this mailing sent? (We have reports from households where some electors did and some did not receive the mailing.)
This mailing was sent to all registered voters that voted in the 2004 and 2006 election and are registered at the same address during this time period. Mobile voters do not make a good demographic for permanent mail as we need to make sure that the ballot is delivered to the correct address.
6. How is it being verified that it is the eligible elector who submitted the request for mail-in voting? Have signatures been verified?
As long as the elector is a registered voter, there is no law that requires verification of a mail-in ballot application. However, we will verify the signature of the voter upon the return of their voted mail-in ballot.
7. Since the return-form enclosed in the promotional mailing is not the county's official mail-in application form and is not in the form of a letter from the elector, by what authority has the clerk accepted this form as a valid application?
According to Colorado Revised Statute 1-8-104.5. Application for permanent mail-in voter status. (1) Any eligible elector may apply for permanent mail-in voter status. The application for permanent mail-in voter status shall be made in writing or by facsimile using an application form furnished by the designated election official or in the form of a letter. The application shall contain the same information submitted in connection with an application for a mail-in ballot pursuant to section 1-8-104. (2) Upon receipt of an application for permanent mail-in voter status, the designated election official shall process the application in the same manner as an application for a mail-in ballot. If it is determined that the applicant is an eligible elector, the designated election official shall place the eligible elector's name upon the list maintained pursuant to section 1-8-108 of those eligible electors to whom a mail-in ballot is mailed each time there is a coordinated election.
8. The form included with the mailing has several significant flaws which very likely will have deceived some electors into signing up for permanent mail-in status. For example, there is no way that the elector can use the form for a one-time mail-in ballot application. Also, the form does not provide the elector with the option to remove their name from the list. Also, the form does not notify the elector that they may ignore the request without risk of losing their right to vote using other voting methods including one-time mail-in voting.
The purpose of this mailing was to inform voters of their right to sign up to vote by mail permanently. It is clearly stated on the application form, that in order "to receive the permanent ballot form, you are required to check the box below." We did not send this form to electors who were already signed up to vote by mail. Therefore, there was no reason to provide the option to remove their name from the list. Any elector who wishes to remove their name from the vote by mail list can do so at any time. The form does not indicate in any way that a voter would lose their right to vote if they disregarded the form. While voters continue to sign up to vote by mail every day from this mailing, there are voters who have simply disregarded the mailing, knowing there is no risk to their registration status. Finally, this is part of a greater outreach and education campaign in which we have clearly stated voters' various options, including polling place voting, signing up as a one-time mail ballot recipient or signing up to be a permanent mail-ballot voter, not to mention signing up to be a Boulder County election judge. You can visit, www.VoteBoulder.org <http://www.VoteBoulder.org> for examples of this language.
9. Would a privately designed return-form/promotion indicating an elector's preference for in-person voting be accepted as a valid transaction by the clerk?
Current statue does not address this. If an election is conducted by all mail, then the voter would receive a ballot in the mail.
10. By what authority does this mailing qualify as "Official Election Mail"?
Mail sent from the Boulder County Clerk & Recorder's Elections Division qualifies as official election mail. The statement "Official Election Mail" simply notifies voters that it is mail regarding elections.
11. The return envelope indicates "Official Ballot Enclosed", yet there is no such ballot.
The language that you are referencing is on a graphic on the upper left hand corner of the return envelope. The graphic falls under the language 'Why Wait in Line, Vote at Home'. In its context, this graphic where the language appears on a small picture of an envelope is a representation of voting from home on Election Day; it is not meant to indicate the return envelope is a ballot.
12. The package does not alert the elector to any of the problems of vote by mail, including direct and indirect disenfranchisement.
Voting by mail does not disenfranchise voters in any way. Colorado law provides for voters to vote by mail. Furthermore, voting by mail is absolutely safe. Voters' signatures are concealed on the return envelope and their signatures must be verified with the signature in our online database. Additionally, all voters take an oath when they register to vote. It is a federal offense to tamper with another voter's ballot or mail.
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