Everything you wanted to know about the Colorado 2020 General Election but were afraid to ask

Thursday, October 8, 2020


So. It's an election year. And this year is like no other, for a variety of reasons. 

As is my custom, I volunteered to act as an Election Judge for the election, and I've just finished my mandatory training from Douglas County on election rules, process, etc. Since so many people know I volunteer to do this, I end up getting a lot questions about it, and I want to answer them all. So here's my list of FAQs, which will be updated as additional questions come in. 

DISCLAIMER: The final arbiter of what's legal and what's not in Colorado is the Colorado Secretary of State, or if that fails, the Courts. Neither Douglas County nor the Secretary of State endorse this FAQ, and as such, I'll be providing links to the appropriate government offices as appropriate, in addition to my laywoman's perspective. I am not an election law attorney, nor do I play one on T.V. For complete details on election law and rules, see the Secretary of State's website. You can find everything you need to know there, from acceptable forms of ID, to sample ballots, to accessibility arrangements. 

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Q: Are there enough Election Judges to man polling places this year due to COVID-19? Are extra precautions being taken for the purpose of sanitation?

A: Yes. According to the election volunteer coordinator, Colorado residents volunteered in droves to be election judges this year, at the rate of about four applicants for every one position, and all election judges have been trained in the appropriate sanitation requirements. 

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Q:  Are Election Judges just picked willy-nilly?

A:  No. Election Judges must be screened, including a background investigation, before they can be sworn in. Additionally. Election Judges are selected based on experience and political affiliation. In Colorado, each polling place must have a balance between Republicans, Democrats, and Independent Judges. Ballot boxes are sealed by two individuals who cannot be of the same political affiliation, and the polling place must be manned at all times by at least two individuals who cannot be of the same affiliation. Ballots are moved from collection boxes to the election office in the same way. In the Navy, we called this "Two Person Integrity." You can identify your poll workers by the color of lanyard they wear. Red for Republican, Blue for Democrat, White for Independent, tan and teal for watchers/observers, and yellow for election staff. 

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Q:  Will I receive a ballot in the mail?

A:  Yes. If you are registered to vote in the State of Colorado, you will receive a ballot in the mail. Colorado sets the gold standard for mail-in voting, and every voter will receive a ballot in the mail by default. 

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Q:  What if my ballot doesn't arrive when my County says it should and I'm getting nervous?

A:  You can go to Go Vote Colorado and sign up for BallotTrax, or you can look it up by clicking the "Find my Registration" link. If the system shows that your ballot was supposedly delivered but it wasn't, you can call your local election office to find out how to get a replacement ballot. 

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Q:  With all the shenanigans surrounding the Post Office, I don't want to drop my ballot in the mail. Is there another way to make sure it gets to the election office on time?

A: Yes! Most election offices have ballot drop boxes throughout their county where you can drop off your ballot. These boxes are sealed and locked, and under 24 hour surveillance. They're emptied every day (sometimes several times a day, depending on how close to the election we are). And if all else fails, every polling place will have drop off boxes where you can put your ballot in the box. 

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Q:  What if I don't want to vote at home, but instead want to go to a polling place, vote in a booth, and put my paper ballot in a ballot box?

A:   You are absolutely able to do so - that's why we have Election Judges. Simply look for an open polling place in your County, and go there for early voting or on Election Day. But here's the rub: DO NOT MAIL THE BALLOT YOU RECEIVED IN THE MAIL AND THEN TRY TO GO VOTE IN PERSON. Seriously, don't. The District Attorney calls that "Voter Fraud," and you will be receiving a call from them later down the road. More on that later. 

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Q:  Will there be crowds at the polling place?

A:  Election authorities do in fact believe that polling places will be crowded on Election Day. This is the case for a variety of reasons, including COVID restrictions such as reduced polling locations and staff, fewer voting booths, limiting the number of voters inside the polling station, etc. If you want to vote in person, please plan accordingly, and know that as long as you’re in line by 7:00 p.m. on Election Day, you WILL be able to vote.

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Q: What if I don't want to wait?

A: Well, early voting is the shizzle! There will be polling places in Douglas County open from October 19-31, and again on November 2nd. Different polling places will be opening in phases 1, 2, and 3 here in Douglas County. Process and procedure will be the same whether you vote early or on Election Day, and we’ll even be open one Saturday (October 31st). If you need to find the schedules for your county, check your County Clerk’s election information page, or check the Colorado Go Vote page under "Manage my Registration."

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Q: Why are the Election Judges taking so long to move voters through the process?

A: Because both parties have communicated that lawsuits will be forthcoming post-election regardless of outcome, process will be strictly observed at every polling station. Please be patient with the election judges as they try to ensure everything is above-board for every voter. We’ll be doing the best we can, moving as fast as we can, and election judges are there to support the PROCESS, not a political party. All we care about is that EVERYONE gets a chance to vote, legally. So try to keep your temper with the volunteers. No one likes to be yelled at, especially when they’re trying to perform a public service.

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Q: What if I'm not registered and I still want to vote?

A: If you’re not registered to vote, you can register AND vote in the general election at any polling place up to and including on Election Day. Go you!

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Q: How do I know there won't be voter fraud?

A: Ah, the question of the hour. If you want to know how voter fraud is prevented here in Douglas County, you can start by watching an excellent video called "The Life of a Ballot" on the Douglas County Votes web page. However, I often get questions along the lines of "But how do you know if someone tries to vote twice?" The answer is both simple and complex.

Every ballot issued by the County Clerk has a bar code associated with it, and that bar code is associated with a Colorado Voter ID number. So when you get your ballot in the mail, that ballot is yours and yours alone to use. Once you fill it out and drop it off, it is scanned in at election headquarters (see the video linked above), and the scanning of that bar code makes a change in the Secretary of State's voter database showing that you (and your voter ID) have voted.

Which leaves a few scenarios:

  1. If you come to the polling place to vote after your original ballot is scanned in and your voter ID shows that you've already voted, you'll be informed that the County Clerk's office has already received a completed ballot for your voter ID. If you insist that the ballot was returned by someone other than you, you will be permitted to vote a provisional ballot, and when that ballot (also assigned to your voter ID) is put into the system, an investigation will be conducted to determine what actually happened. If election officials suspect that someone did in fact return your ballot without your consent, the matter is turned over to the District Attorney's office for action.
  2. If you come to the polling place before your drop off ballot is scanned in (say, during early voting), the Secretary of State's database will reflect that you have not voted. In that case, the election judge will have no way of knowing if you mailed it or not, and the ballot you cast in person will be the first and only ballot that is counted. When the mail ballot is received at election headquarters, an investigation is launched by the District Attorney to determine what happened, because turning in two ballots, whether you meant to or not, is voter fraud.
  3. If you vote in person at a polling place to cast your ballot and then on the way home drop your mail-in ballot at a collection box, again, the database will determine that you attempted to vote twice and an investigation will be launched.

And you want to know what makes all this work? The Secretary of State's software and associated database (called SCORE) is directly connected to every polling place in Colorado, on a secure connection, in real-time. So when an Election Judge prints out your in-person ballot for you, the change in your status from not voted to voted happens at once and is then reflected in every polling place, state-wide.

And the policy of the Election Office (at least in Douglas County) is to turn over every suspected case of voter fraud to the District Attorney. Every. Single. One. Because it's not the Election Office's job to determine intent and degree of illegality. It's the DA's.

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Q: Does the County Clerk expect there to be shenanigans at the polling places?

A: Not necessarily "expect," but all the Election Judges have been trained on what to do in case there are any:

  1. Activities such as poll watching and observers are being managed as they always have - coordinated between the political parties and the Secretary of State’s office. Watchers are pre-designated, and they will be obtaining a Certificate of Appointment and Oath of Watcher in order to be permitted in the polling place for this purpose. Observers are appointed by the Federal government or the Secretary of State. So folks who think they can just stroll in and make sure everything is being done “correctly” will be invited to leave, by law enforcement if necessary.  
  2. Electioneering within 100 feet will not be tolerated. So leave your political t-shirts, hats, buttons, etc. at home, and keep your political opinions to yourself while you’re in the polling place. Again, this is a bi-partisan law, and have been in place for many, many years. Nothing new here, just the enforcement of exiting rules and norms.

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Q: Does the Secretary of State anticipate violence at the polling places, and have contingency plans been made?

A: No, and yes.
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And lastly, make sure you VOTE, regardless of how and where you choose to do so. Now more than ever, exercising your franchise is probably one of the most important things you’ll do this year.

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