First diary people- so please have mercy on my tender young mojo.
It's been said in these and other parts from time to time in recent weeks that Colorado Secretary of State Mike Coffman- incidentally the 2008 GOP nominee to replace Tom "Guts 'n' Glory" Tancredo as Colorado's U.S. Representative from the Sixth Congressional District- could well turn out to be this year's version of Katherine Harris.
The Obama campaign has been polling pretty well in Colorado this cycle, pulling out to a formidable lead in recent polls. And everyone- both campaigns, the pundits, and untrained observers such as yours truly- more or less agrees that Colorado is central to Obama's path to victory and the success of the Democratic Party's 50-state strategy in delivering Congressional majorities this November.
So it comes as little surprise that Mike Coffman has pulled out all the stops in using his official position to carry Colorado for the GOP in the upcoming election.
Thankfully, election rights advocates in Colorado are working hard to make sure Coffman fails to deliver.
Colorado Secretary of State Sued Over Voter Purges
From the press release issued by Colorado Common Cause, one of the plaintiffs in the suit.
DENVER — Yesterday, a lawsuit was filed on behalf of Colorado Common Cause, Mi Familia Vota, and Service Employees International Union (SEIU) asking a federal court to reinstate approximately 30,000 Colorado voters who were illegally purged by Secretary of State Mike Coffman from the state’s voter registration lists.
“Legitimate voters should have their voices heard. By returning wrongfully purged voters to the list we can ensure their rights are protected,” explained Jenny Flanagan, Executive Director of Colorado Common Cause. “That’s not just common sense. It’s also the law.”
In an action not required by any Colorado law, the Secretary of State has removed tens of thousands of voters from the official voter rolls in violation of the NVRA, which bans systematic removal of voters from the rolls within 90 days of a federal election except for narrowly specified reasons. The groups have substantial evidence that during the NVRA's 90 day no-purge period, defendant Secretary of State actually removed approximately 30,000 voters' registration records from Colorado's voting rolls, in addition to the 1,892 who were removed for the NVRA-allowed reasons because of death, incarceration for a felony, or withdrawal.
Several thousand eligible voters have also been removed from the voter registration list due to a Colorado law that requires cancellation of new registrations when a non-forwardable notice sent by mail to the voter is returned as undeliverable within 20 days of receipt of the registration application. A similar law in Michigan was recently found by the US District Court to violate the NVRA and unenforceable.
“All eligible Colorado voters who followed the rules should have confidence that on November 4th they will be able to vote and their vote will be counted” Ben Monterroso, national director of Mi Familia Vota.
Notwithstanding the open question of whether the Colorado law, either facially or as interpreted by Secretary Coffman, violates federal law, the complaint, filed in federal court in Denver, calls out noted GOP shill and all-around slimeball Coffman for removing thousands of (mostly Democratic) voters from Colorado voter rolls in violation of federal law.
From the complaint:
First, Defendant has removed tens of thousands of voters from the official
voter rolls after May 13, 2008, in violation of the NVRA which bans systematic removal
of voters from the rolls within 90 days of a federal primary or general election, except for
narrowly specified reasons. Defendant issued a statement on October 9, 2008 admitting
that at least 12,000 voters have been purged from the rolls within this period for reasons
not permitted by the NVRA. Additionally, Plaintiffs have developed substantial evidence
that during the NVRA’s 90-day no-purge period, defendant Secretary of State actually
removed more than 20,000 voters from Colorado’s voting rolls in this period for reasons
other than that the registrant has died, been convicted of a felony, adjudged incapacitated,
or requested removal. Plaintiffs fear that the systematic removal of voters will continue
up to November 4, 2008, risking the disenfranchisement of more voters.
Second, Defendant has implemented a Colorado law requiring cancellation of new registrations when a non-forwardable notice sent by mail to the voter is returned as undeliverable within 20 days of receipt of the registration application. As recently determined by the United States District Court for the Eastern District of
Michigan, a state law mandating cancellation of new voter registrations because a mailed
notice was returned as undeliverable violates the NVRA and cannot be enforced.
Colorado’s law is facially invalid because it conflicts with the NVRA. It is also invalid
because it has been applied to remove registered voters from the voter rolls in violation of
the NVRA. These 20-day cancellations have removed thousands of eligible voters: By
Defendant’s own admission, 1,136 voters were purged between July 21 and October 9,
2008 under Colorado’s 20-day cancellation provision, and Defendant’s records show that
3,291 voters have been purged since August 2007 on the ground that notices sent to the
voter were returned as undeliverable.
Now I'm no expert on federal election law, but removing voters from the voter rolls in October sure sounds like a violation of federal laws prohibiting such purges within 90 days of a general election:
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 20 - ELECTIVE FRANCHISE
SUBCHAPTER I-H - NATIONAL VOTER REGISTRATION
Sec. 1973gg-6 Requirements with respect to administration of voter registration
(c)(2)(A) A State shall complete, not later than 90 days prior to the date of a primary or general election for Federal office, any program the purpose of which is to systematically remove the names of ineligible voters from the official lists of eligible voters.
It should come as little surprise to anyone who's been paying attention that Coffman would be involved in such shenanigans given the fact he saw fit to remain in office to oversee his own election to Congress.
Nice to see groups like Common Cause, Mi Familia, and the SEIU are standing up to this crap. Mike Coffman ain't no Katherine Harris, that's for sure. Here's hoping this lawsuit ensures John McCain doesn't become this election's George W. Bush.
Call the press, call your congressional representatives, call the doctor- We can't let Mike Coffman get away with disenfranchising thousands of eligible Colorado voters!!!