DENVER – A measure that would have limited elections crimes in Colorado opened lingering wounds on Wednesday.
A wide spectrum of elections-law activists – some who often passionately divided – lined up to testify against the measure, which was killed in a House committee.
Opponents pointed to several incidents of manipulation, including “ballot marking parties,” in which a campaign encourages voters to get together to mark their ballots with the aim of coercing votes for a candidate or issue.
Other anecdotal stories included examples of voters selling their ballots. Clerks spoke of people selling votes for a beer or a couple-hundred dollars.
The issue gained shape as all-mail voting was implemented. A measure passed by Democrats in 2013 required that all voters receive a mail ballot, raising questions about privacy and security.
Rep. Paul Rosenthal, D-Denver, also said freedom-of-speech issues were at play.
The measure he brought on Wednesday would have narrowed the crime of disclosing how a person voted to individuals performing an elections-related job. It also would have allowed voters to show someone else their ballot.
Rosenthal pointed out that voters often share their ballots with family members and friends. With the rise in social media, many voters shared their ballots on Facebook and other online forums during the November election.
“The purpose of the bill is to allow voters to express their First Amendment free-speech rights,” Rosenthal said after his measure was defeated. “If they want to show someone their completed ballot, they should be able to do so. This is something that families do around the kitchen table.”
The House State, Veterans and Military Affairs Committee voted unanimously to kill the measure.
A long string of activists lined up to testify against the bill. Their testimony was buoyed by comments from Deputy Secretary of State Suzanne Staiert, who said the risk of fraud has been exacerbated by mail voting. She acknowledged that there haven’t been any related prosecutions.
Still, voters and clerks are worried about a slippery slope leading to fraud.
“This is not an issue that is gone, or that is long past,” testified Matt Crane, Arapahoe County clerk and recorder. “It is something that we have to be very careful with in terms of protecting against.”
