First off, I have to admit this postage required business really bothers me. Yes we have stamps at home - because my wife gets them. But when I was single getting a stamp meant going somewhere that sold stamps. Actually planning ahead - never. And I think most single guys fall in the same category, not to mention many others. If you're poor I don't think buying a roll of stamps tops the priority list.
The stamp requirement suppresses the vote of the disorganized and the poor. And for an amount of money that is probably less than that spent on the County employee's Christmas party. (Note: you don't buy a stamp for every ballot, you just pay for the ballots returned.)
Also a note. I have been calling this Hillary Hall's poll tax but the law is in state statue. So it's the state legislature's poll tax. Move over Mississippi, Colorado now has a poll tax while yours was ruled unconstitutional. So Hillary is just implementing the law as required - and that is exactly what she should do.
Wasn't Britian's Stamp Act one of the primary causes of the Revolution?
Ok, so lets look at the law. First is 1-7.5-107 4b which states (emphasis added):
The eligible elector may return the marked ballot to the designated election official by United States mail or by depositing the ballot at the office of the official or any place designated by the official. The ballot must be returned in the return envelope. If an eligible elector returns the ballot by mail, the elector must provide postage. The ballot shall be received at the office of the designated election official or a designated depository, which shall remain open until 7 p.m. on election day. For an election coordinated by the county clerk and recorder, the depository shall be designated by the county clerk and recorder and located in a secure place under the supervision of a municipal clerk, an election judge or a member of the clerk and recorder's staff. For an election not coordinated by the county clerk and recorder, the depository shall be designated by the designated election official and located in a secure place under the supervision of the designated election official, an election judge, or another person designated by the designated election official.
The other interesting part is rule 13.2 which states (emphasis added):
The county clerk and recorder shall keep a list, to the extent possible, of the names and mailing addresses of all individuals who deliver more than five (5) voted mail-in ballots to the designated or coordinated election official’s office or the designated drop site for mail-in ballots.
And provisional rule 12.8.2 (which may no longer be in force, but I found nothing that spoke to this same question in the later rules) which states:
ANY ELIGIBLE ELECTOR MAY DELIVER IN PERSON TO THE DESIGNATED OR COORDINATED ELECTION OFFICIAL'S OFFICE NO MORE THAN 5 VOTED MAIL BALLOTS FROM MEMBERS OF HIS OR HER FAMILY OR HOUSEHOLD.
Ok, so the law makes it real clear that the elector, and no one but the elector, must provide their own postage. The law also makes an exception for delivering ballots in person where clearly I can bring in the ballots of my family members. But there is no such exception for the purchase of postage.
Ok, I'm not a lawyer, but a logical reading of the wording here says my ballot is invalid for two reasons:
- My wife bought the stamp I used. She has her own job and we have separate checking accounts so she purchased this with her money from her income using her checking account. It was not my or joint money.
- I used a 2¢ stamp so the Boulder County Clerk's office paid the other 39¢ (thank you) thereby paying most of my postage.
- And is the County Clerk breaking the law by paying for part of my postage?
- Do I need to charge my daughter 41¢ (which she will pay out of the allowance I give her) if she votes?
I think the bottom line here is that this law is badly written and needs to be fixed. Preferably to state that ballots have postage paid envelopes included with them. If not that, to state that any entity can give pay the postage for people's ballots.
Finally a h/t (thank you) to Dianne Marshall of the Boulder City Clerk's office who dug into this issue initially and found the relevant statues. She did a great job and did it fast.
And a h/t to the businesses on the hill for stepping up and trying to rectify a wrong. Everyone needs to go have lunch at Mamacita's, Hapa, or Half Fast Subs to thank them (I'm going to try Half Fast).
