Colorado could be next Florida

Cortez Journal    19 October 2004

STAFF AND WIRE REPORTS

Colorado's county clerks have been swamped with a surge in voter registrations, thousands of felons are on the voter rolls, and there is widespread confusion about how provisional ballots will be counted and voting rules will be enforced.

When it comes to the voter rolls, things started getting confusing when counties began seeing a surge in voter registrations. No one is sure how many new voters signed up, but the figure could be well over 100,000.

Problems could result from provisional ballots, essentially backup ballots that are used when voters think they are properly registered, but their names do not appear on the rolls. Provisional ballots can also be used when electors fail to bring proper identification to the polls.

"We are allowing people to vote provisionally," Montezuma County Clerk Carol Tullis said. "Because of all the forms and paperwork, it's just easier for people to bring an ID to the polls."

People who do not show up on voter rolls will be asked to swear they are eligible to vote in order to get a provisional ballot. The problem? If they aren't on the rolls, election judges can't confirm whether they are telling the truth.

Provisional ballots can't be counted until 12 days after the election, but even that deadline is in question because a lawsuit that kept Ralph Nader on the ballot also delayed the mailing of absentee ballots to military personnel and other residents living overseas.

A Denver judge on Monday ruled that voters who appear at their specified polling location - but who requested absentee ballots - will be permitted to cast a provisional ballot upon their declaration that they have not returned the absentee ballot.

The ruling means Davidson will have to provide official guidance for 16,000 poll workers. But some counties are not waiting, and discrepancies between their instructions could provide fodder for lawsuits.

Davidson also has acknowledged that there are more than 6,000 felons registered to vote in Colorado. She is updating information from corrections officials to distribute lists to county clerks, who will have to purge their rolls of convicted felons still serving their sentences or out on parole. Under Colorado law, felons are allowed to vote only if they are no longer in prison and not on parole.

In Montezuma County, there were 29 registered felons, but Tullis acknowledged Monday that "they've been identified, noted and canceled."

If Colorado ends up close, there is little question the losing side would challenge the results, based on any mistakes that might have been made in preparing for the election or counting votes.

"It would certainly be my hope that there's no need for any kind of legal action after Election Day," said state Republican Party Chairman Ted Halaby. "We also have to be realistic, and we have the issue of provisional ballots, and we have widespread reports of vast fraudulent registration. It is a cause for concern."

Monday was the first day of early voting in the state, and Tullis mentioned no problems in the county as of the afternoon.

"Things are running very smoothly," she said. "We had 200 people before lunch."