DENVER, Oct. 31, 2008

Thousands Of Coloradoans Win Back Vote

Residents Purged From Rolls Will Be Allowed To Cast Ballots Following Fed Lawsuit Filing

  • Voters cast their ballots during early voting at the Wellington Webb building in downtown Denver, Oct. 22, 2008.

    Voters cast their ballots during early voting at the Wellington Webb building in downtown Denver, Oct. 22, 2008.  (AP Photo/David Zalubowski)

(AP)  Thousands of Colorado residents who had been scratched from voter registration rolls will be allowed to cast ballots on Election Day and their votes will be given special protection to ensure they are counted, following the resolution of a federal lawsuit filed against the state.

Colorado Common Cause and other groups alleged in a lawsuit filed last week that the state illegally removed an estimated 27,000 people from the voter list during the 90 days leading up to the August primary.

The groups argued that federal law prohibits any systematic removal of names from voter rolls within 90 days of an election with three exceptions: voters who have been convicted of a felony, have died or have requested removal.

Lawyers for the Colorado attorney general's office countered that the names were removed to correct voter registration records, in some cases because the voter had moved or was registered more than once. No eligible voter would be denied the right to vote, they said.

Under an agreement reached by both sides late Wednesday, the state will generate a list of voters whose registrations were canceled before the August primary. Those voters will have to cast provisional ballots on Election Day, but their ballots must be counted unless election officials can prove the voters were ineligible.

Many states typically require those who cast provisional ballots to later provide proof of eligibility. The Colorado agreement places the burden of proof on state election officials.

"We believe the settlement protects the voters of Colorado, and that was our mission," said Penda Hair, one of the attorneys representing the groups that sued.

Secretary of State Mike Coffman, whose office purged the voters from the registration rolls, maintained that the removals conformed with federal law.

U.S. District Judge John Kane gave both sides of the lawsuit a chance to reach the agreement after listening to about five hours of testimony Wednesday. He told lawyers he thought there were circumstances in which the state was "out of bounds" in purging voters but that he didn't want to impose any changes that could result in long lines and other problems at the polls next week.

Michigan Voters Also Win Ruling

In Michigan, a federal appeals court handed a similar victory to 5,500 people who had been thrown off the voter registration rolls.

The 6th U.S. Circuit Court of Appeals said Thursday that state election officials should not remove registered voters from the rolls, even if their voter ID cards were returned as undeliverable.

In a 2-1 ruling, the Cincinnati-based court said Michigan voters are properly registered when applications are approved and names are added to the rolls - not if they receive a card in the mail.

The court said poll workers still can require people to show proof of residency when they ask for a ballot Tuesday.

The case involves 5,500 people who have registered since January 2006, just a fraction of the state's 7.47 million voters.

The lawsuit was filed by the American Civil Liberties Union, the United States Student Association Foundation and the Michigan branch of the National Association for the Advancement of Colored People.

© MMVIII The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
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by vincan-2009 October 31, 2008 7:30 PM EDT
Republicans just keep on making their disgusting charges against Democrats and against our next president, Barrack Obama. It is too bad that everyone knows who is lying and who is telling the truth. Senator Obama tells the truth. The Democratic Party tells the truth. It is the republican party and the people in it that are liars and will say anything that they can think of to try to hurt the people that will bring back honor and decency to America. Go on believing the filth and hate pouring out of republicans just like you have been. Just remember though that liars are not going to be trustworthy when in office.
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by oldguy4truth October 31, 2008 4:38 PM EDT
Wow, I did not know Fox news guys blogged on CBS. The Paranoia runs deep today. All we need now is the NRA A-holes, and we will have a full chorus of Evangles singing .. GLo''RY GLo''RY... can you feel it..YEs.. oh yes.Amen
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by oldguy4truth October 31, 2008 4:32 PM EDT
The hard part about this one was some of the first declaired ineligible, were deem so because they did not post their address. The argument that brought this case to national notice was ... If they did not post their address on the application, how did the Registration office mail them their ineligible notice? DUH
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by hatesthecolt October 31, 2008 4:00 PM EDT
Thousands of Illegal aliens win back vote is what it should say. In southern Colorado a democrat won a seat in the general election by a wide margin but she then lost when the mail in votes were counted most were proved to be from Illegal aliens


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Posted by louiville2

You are so full of it. Quit spouting unsubstantiated propaganda. If these people shouldn''t be voting then election officials should be able to prove it and the votes won''t be counted. Why not admit what you are really afraid of: that the good people of Colorado are ON to the dirty tricks of the past and won''t stand for it any more. YAY COLORADO!
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by targaray-2009 October 31, 2008 3:13 PM EDT
- END THE BUSH-YEARS DISASTER - VOTE FOR CHANGE - 2008
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by louiville2 October 31, 2008 3:09 PM EDT
"Those voters will have to cast provisional ballots on Election Day, but their ballots must be counted unless election officials can prove the voters were ineligible."

Here comes the Obama get the vote buses rolling in with voters fresh from voting in New Mexico, Utah, Arizona, WY, Kansas and Nebraska. Vote early, Vote Often democrat plan.
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by bm6005 October 31, 2008 3:00 PM EDT
I would rather be dead than a Socialist.

Posted by M_P_McMahon

OK, fine!
Reply to this comment
by louiville2 October 31, 2008 2:55 PM EDT
Comparing Socialism w/Communism only shows your ignorance. Scandinavian countries and most of European ones have Monarchies w/Parliament, and free vote (remember that one?) and yet have a socialist structure. So, take your Nazi ideology and get the f***k out of my country.
Leave America to Americans.


Posted by nikosk1

LOL they don''t have our inner city problems! Just let the lights go out for a day and you will find out what I''m talking about. What Obama and company is asking for is Neo-Marxism just like Zimbabwe, Venezuela.
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by louiville2 October 31, 2008 2:51 PM EDT
Thousands of Illegal aliens win back vote is what it should say. In southern Colorado a democrat won a seat in the general election by a wide margin but she then lost when the mail in votes were counted most were proved to be from Illegal aliens
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by m_p_mcmahon October 31, 2008 2:25 PM EDT
The Socialists continue to show that they will do everything they can to steal this election and our nation and destroy it by making our nation a Socialist Nation. Look at France, how many times has the U.S. had to bail their Socialist'' tails out, is that what you want for America? I served in the Military of our nation for 15 1/2 years from the Cold War through the turn of the new Century, against the enemies of the United (Socialism/Communism). I would rather be dead than a Socialist.
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by wdrussell1 October 31, 2008 2:05 PM EDT
***but their ballots must be counted unless election officials can prove the voters were ineligible.***

Having to prove a crime occured. A good sign that America is coming back and BushWorld is being kicked out onto the street.
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