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STATE OF COLORADO Department of State

1700 Broadway
Suite 250 Denver, CO 80290

Scott Gessler
Secretary of State Suzanne Staiert Deputy Secretary of State

September 7, 2012 Honorable County Clerk and Recorder Re: List of non-citizens on Colorado voter rolls Honorable Clerk, The Secretary of State’s office has received confirmation from the United States Department of Homeland Security (DHS) that there are non-citizens registered to vote in Colorado. Some of these non-citizens may be in your county. I have included a list of those non-citizens with this letter. Please review the list to determine if one or more of the registered electors is registered in your county. The Colorado Election Code provides three ways the non-citizens on the enclosed list may be challenged: • Under section 1-9-101, C.R.S., any registered elector may challenge a non-citizen’s voter registration. Under that section, you, as County Clerk and Recorder, must receive the challenge no later than today (the sixtieth before any election). Due to the lengthy delay in receiving citizenship information from DHS, it is unlikely that a non-citizen’s registration will be challenged under this provision. Under section 1-9-201, C.R.S., an election judge, or any other person, may challenge a non-citizen’s right to vote at the polls. Finally, if a non-citizen attempts to vote by mail, section 1-9-207, C.R.S., states that any person may challenge the non-citizen’s ballot.

You are receiving this list of names so that you are prepared for any challenges you may receive between now and Election Day. I will also send by regular mail next week an affidavit detailing our process in arriving at the enclosed list of non-citizens. Thank you for helping maintain the accuracy of Colorado’s voting rolls. Sincerely,

Scott Gessler

Main Number Administration Fax

(303) 894-2200 (303) 860-6900 (303) 869-4860

TDD/TTY Web Site E-mail

(303) 869-4867