Thread: CO: Judge won't reinstate 6,000 MiFimilia Vota purged voters

Judge won't reinstate 6,000 purged voters
By Felisa Cardona
The Denver Post
Posted: 10/20/2010 01:00:00 AM MDT
Updated: 10/20/2010 09:40:52 AM MDT

A federal judge declined to force the secretary of state to reactivate approximately 6,000 new voters whose registrations were canceled under Colorado's 20-day rule.

In a decision issued Monday, Senior U.S. District Judge John L. Kane denied a motion for a preliminary injunction that was requested by several labor and voting-rights groups.

When a new voter registers in Colorado, the secretary of state mails a nonforwardable notice of disposition that the voter's registration has been received. If the notice comes back undeliverable in the mail, then clerks deem the voter's registration inactive within 20 days.

Melody Mirbaba, an assistant attorney general, argued that the 20-day rule is designed to stop voter fraud and duplicate registrations.

James Finberg, an attorney representing voting and labor groups, said voters are harmed because sometimes the voter cards are returned through no fault of their own.

He said some voters have filled out their address incorrectly on forms; clerks sometimes make errors when inputting the new data; and postal workers also make mistakes in delivering the voter cards.

But Mirbaba argued that inactive voters can still show up at the polls and vote on a provisional ballot until their addresses can be verified.

"I am unable, based on the arguments made and the record before me, to conclude that Plaintiffs have made a strong, or even colorable, showing that the balance of harm weighs in favor of the interim relief requested," Kane wrote in his decision.

The motion for the preliminary injunction is one of several federal challenges regarding purged voters filed against the secretary of state by Common Cause of Colorado, Mi Familia Vota Education Fund and the Service Employees International Union.

The 20-day rule is the only claim left in dispute.


Read more:
http://www.denverpost.com/news/ci_16382 ... z13RzqRCJG

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