Colorado Common Cause v. Buescher

In 2008, Advancement Project discovered through public records requests and analysis that the registrations of up to 30,000 voters were being cancelled in Colorado, for reasons including the return of voter notices as undeliverable. These voters remained in the state database, but were purged from voter rolls sent to polling locations, and consequently were unable to vote by regular ballot. Advancement Project and co-counsel filed a lawsuit on behalf of Colorado Common Cause, Mi Familia Vota, a non-partisan civic engagement campaign, and Service Employees International Union (SEIU) against the Colorado Secretary of State to challenge illegal purges and cancellation practices that had removed between 16,000 and 30,000 voters from Colorado's rolls. Plaintiffs’ amended complaint challenges two additional purge practices that they allege violate the NVRA and/or HAVA: (1) marking infrequent voters for cancellation solely because they fail to vote in a general election and (2) removing allegedly duplicate voters without employing sufficient safeguards to ensure the records relate to the same voter and without affording them prior notice. Prior to the 2008 general election, plaintiffs obtained a stipulated agreement overseen by the court that provided that voters wrongfully removed from the rolls are presumed eligible and receive extra protections when voting by provisional ballot in the November election. Two days later, at an emergency hearing, the court issued an order barring Secretary Coffman from purging any more voters from the rolls before Election Day -- for any reason.

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