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Voter purge continues; activists demand desist

By Todd Hartman, Rocky Mountain News

Published October 30, 2008 at 8:06 p.m.
Updated October 31, 2008 at 12:25 a.m.

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Coffman said he's "moving forward" with cancellations.

Coffman said he's "moving forward" with cancellations.

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A lawyer for voting activists said Thursday that Secretary of State Mike Coffman must stop canceling voters from state registration rolls in the wake of a court-approved settlement over the issue.

"If he continues to do this during the next period, he's in deep trouble for violation of federal law," said Jim Finberg, who represents two activist groups and a union in a lawsuit that accused Coffman of illegally purging more than 42,000 voters from state rolls.

But Coffman said "the process is continuing" and said groups that sued over the matter "did not prevail . . . in stopping us from moving forward with additional cancellation through this election."

The controversy over Coffman's policy took shape amid a presidential election drawing record voter turnout. It underscores the intense scrutiny of voting issues, particularly in light of the massive registration drives by activists and the Obama campaign over the last year.

Coffman has always maintained that canceling voters - his term - from the rolls is allowed when people have moved, died, committed a felony or appear more than once in the state's registration database.

That dispute was the central issue in lawsuit brought Saturday by Common Cause of Colorado and Mia Familia Vota Education Fund, as well as the Service Employees International Union.

Agreement hits snag

Those groups charged that Coffman, a Republican, violated the National Voter Registration Act when he removed voters from the rolls too close to a federal election - a charge Coffman disputes.

But the matter wasn't resolved in a hearing on the lawsuit Wednesday before U.S. District Court Judge John Kane. Instead, the parties reached an agreement to ensure provisional ballots cast by anyone removed from the rolls would be counted, barring airtight evidence the voter is ineligible.

But just a day later, there was a new dust-up.

Finberg interprets the settlement as putting an end to canceling voters. Coffman doesn't. The agreement doesn't address the matter, except to say that the secretary of state doesn't admit to any allegations in the original complaint, and the activists don't waive any of their claims.

Coffman doesn't see the matter as a big deal. The canceling process has "very much slowed down," he said.

But Finberg argues Coffman is "acting in bad faith" if he cancels more voters.

Finberg and his clients argued in the suit and in interviews that Coffman's policy created a risk that some people were removed who should not have been.

That, in turn, would deprive them of the ability to cast regular ballots, or created a risk that their votes wouldn't be counted if they cast provisional ballots.

People with questionable voting status have been able to cast a provisional ballot at the polls. But under the agreement these votes will get special attention.

List to county clerks

It requires Coffman's office to create a list of all voters canceled since May 14. He must provide that list to all county clerks by the morning of Nov. 5.

County clerks will see if any provisional ballots match the names on the list.

If so, the clerks are to presume the votes to be valid and count them. That is, unless the state or county can prove the voter was ineligible.

Even then, the voter must be notified and activists could challenge the finding and have the matter heard before a federal judge. "The process at the back end is enhanced; there are redundant layers to make absolutely sure that nobody is mistakenly disenfranchised," said Finberg.

Coffman essentially agrees but downplays the plaintiff's description of the settlement as a "victory for voters" that provides "unprecedented protections to ensure votes are counted."

The agreement, Coffman said, simply puts "a couple extra steps in considering whether provisional ballots . . . are ultimately counted. It is nothing more than a symbolic change to our existing law."

hartmant@RockyMountainNews.com or 303-954-5048

Comments

  • October 30, 2008

    9:18 p.m.

    Suggest removal

    windskull writes:

    If that isn`t good cause to get rid of this jerk permanently on November 4th then District Judge Kane may as well pack the robe & gavel and head home since State level Coffman feels he has greater authority in delegating the handling of federal election matters than a sitting member of the bench

  • October 30, 2008

    10:12 p.m.

    Suggest removal

    jbowen43 writes:

    According to Coffman counting ballots is only symbolic and this guy wants to go to congress? He knows as well as I voter fraud has never been a problem in Colorado and his measures have always been directed at suppressing the vote. He should be impeached if he loses his congressional campaign. No wonder the government in Iraq is screwed up.

  • October 30, 2008

    11:16 p.m.

    Suggest removal

    GladysKravitz writes:

    Coffman is asking for trouble....he's vying for the Katherine Harris award!

  • October 31, 2008

    7:52 a.m.

    Suggest removal

    Stan_Weekes writes:

    How would we know if voter fraud occurs as Proof of Citizenship is NOT even required?
    It is time for the state legislature to finally, after years of frustrating attempts, pass a law that will help straighten out the mess. Verified citizenship and a Photo ID to vote should be the very basic necessities of a qualified registration and casting.

  • October 31, 2008

    11:14 a.m.

    Suggest removal

    KatieFleming writes:

    Every eligible citizen has the right to cast a ballot in this country and we have to protect this right. Join www.JustVoteColorado.org in Protecting the Vote. As a nonpartisan program that is not affiliated with any candidate or issue, we are in a great position to be a resource for voters before and on Election Day.

    If you have any questions AT ALL about the voting process, your experience, your rights, or have problems to report, call 1-866 OUR VOTE or visit www.JustVoteColorado.org.