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September 05, 2013 12:44 PM UTC

Caldara Vows To "Gypsy Vote" In Recall Election

  • 40 Comments
  • by: Colorado Pols
Jon Caldara.
Jon Caldara.

On Tuesday, we took note of a new website from the right-wing Independence Institute that appears to give instructions on how to vote in the upcoming recall special elections in Colorado Springs and Pueblo, even if you don't live there. The severely flawed premise of the site is a fictitious "unintended consequence" of this year's Colorado House Bill 1303, the Voter Access and Modernized Elections Act, which some Republicans have claimed might allow voters from outside the two senate districts in question to participate. As even Secretary of State Scott Gessler's office has confirmed, that's false: a voter must have already moved to the district to claim their "intention" to reside there, and any false statement in the process of registering to vote is a crime. To actually vote under those false pretenses is felony voter fraud.

But nonetheless, as a press release from the Independence Institute announces today:

The Independence Institute president will exercise his legal voting rights in next week's recall election, casting a ballot in a district outside his current residence.

Independence Institute president Jon Caldara's decision to vote in the Senate District 11 recall kicks off the "Bring in the Vote" educational campaign, highlighting the significant legal changes in Colorado's "Voter Access and Modernized Elections Act," signed into law by Gov. John Hickenlooper on May 10.

Calling attention to the lax new election law sponsored by Senators John Morse and Angela Giron, both facing recall elections, Caldara announced that he has the "intention" to make his permanent home in Senate District 11, currently represented by Morse.

Under HB 1303, the "intention" to establish residence along with a few minor requirements such as being 18 years of age, living in Colorado for 22 days, and having an address in the district, permits almost anyone to "Bring in the Vote" and cast a ballot in any district.

"It is my belief that this extremely sloppy new election law was designed to legally move voters into districts where their vote is most useful. I will show how this dangerous new law works by easily and legally voting in the John Morse recall election," explained Caldara.

"John Morse sponsored this law and worked its passage through the Senate. And now, sadly, under this law future Colorado elections will be decided by which candidate has the most buses." [Pols emphasis]

Now folks, we don't know where Caldara is getting his legal advice, but we surer than hell wouldn't try this based on every sane interpretation of House Bill 1303 we've heard. Certainly if the legal question hinges on "intent," Caldara's "intent" is to mess with the system–and quite possibly to encourage fellow Republicans to do the same. That and to draw attention to himself, naturally. Either way, we are very confident that no one on the Democratic side of these recalls has any plans to bus people in to so-called "gypsy vote," because they all think this half-baked theory is completely wrong.

But apparently Jon Caldara isn't convinced. Maybe he's right–or maybe he's setting fellow conservatives up for disaster.

Comments

40 thoughts on “Caldara Vows To “Gypsy Vote” In Recall Election

  1. I suppose Caldara wants the news cameras there when he's turned away as he attempts voter fraud.  Any publicity is good publicity as they say.

    Since even Gessler isn't that stupid to agree with Caldara, not sure what he hopes to achieve.

    On the good side, if any charges are filed, it'll just be against republicans.  Pretty sure Caldara doesn't have a big Democratic following.

    The GOP-on-GOP war continues…

  2. So that means Caldara has taken the time and expense to lease or buy an address in one of the recall districts, probably El Paso Senate 11. 

    It will be up to County Clerk Wayne Williams, no friend of Morse's, to follow up with accusations of fraudulent voting. As I understand it, this follow up process would necessitate investigation into whether the voter really moved to and resided in the second address.  Will Williams do that, or refer it to a DA to investigate? He should, it's in his professional purview to do so. But will he?

    What Caldara hopes to achieve is discrediting the HB1303, Voter Access and Modernized Elections Act (pdf) HB1303 really does open up elections to all voters, mandating all mail-ballot elections, etc. So of course, Caldara hates it. 

    1. But if Caldara is correctly turned away at the polling place, how exactly does that discredit the law?

      And if County Clerk Williams plays along and allows the vote, contrary to SoS Gessler's ruling, where does that put him?  As I say, GOP-on-GOP warfare 🙂

  3. Where are Faden, n3b, Moderateus,  and the rest to explain this?  Whithout their explanation (s) (not legal advice), I'll reserve judgement. 

     

     

    ps.

    Thirty seven words in one sentence?  Really? My head hurts.

      1. Oh. I couldn't help notice your lack of knowledge did not stop you from commenting yesterday on the same topic.

        But the wind blows, things change. Whatever.

  4. We've had non-district 3 residents trying to vote in the Pueblo recall, as well. But the clerks and judges are doing their jobs and running the elections fairly. Never underestimate the power of an underpaid  bureaucrat. 

    1. @davebarnes: Read the law, esp section 15. HB1330 does not allow "gypsy voters".

      1-2-216. Change of address. (1) Any eligible elector who has
      moved within the state may have his or her residence changed on the
      registration record by submitting a letter or form furnished by the county
      clerk and recorder, either by mail, or in person, OR THROUGH THE ON-LINE
      VOTER REGISTRATION SYSTEM ESTABLISHED PURSUANT TO SECTION
      1-2-202.5. The letter or form for the change shall MUST include the elector's new residence address, mailing address if different from the residence address, old address, printed name, birth date, LAST FOUR DIGITS OF THE ELECTOR'S social security number, if the elector wishes to state it THEM, and signature and the date.
      (4) (a) For the twenty–eight days before and on the day of anyelection, Any eligible elector by appearing in person at the office of the clerk and recorder of the county in which the elector resides, or by submitting by mail a change of address form that is received by the county clerk and recorder no later than the close of business on the seventh day
      before any election,
      may complete a change of address form stating, under penalty of perjury, (my emphasis) that the elector moved no later than the thirtieth day
        the election and that, on the day of the election, the elector will have lived BE LIVING at (my emphasis) the new address in the new precinct.

      So in other words: Caldara (or any hypothetical gypsy voter) lies, and isn't living there, he/she commits perjury. He /she is expected to be living at the new address in the new precinct. Penalties are spelled out in these statutes, checked with Pueblo County Clerk Ortiz:

       

      1-13-709. Voting in wrong precinct. Any person who, at any election provided by law, knowingly votes or offers to vote in any election precinct in which he or she is not qualified to vote shall be punished by a fine of not more than five thousand dollars or by imprisonment in the county jail for not more than eighteen months, or by both such fine and imprisonment.

      1-13-709.5. Residence – false information – penalty. Any person who votes by knowingly giving false information regarding the elector's place of present residence commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S.

       

      1-13-709. Voting in wrong precinct. Any person who, at any election provided by law, knowingly votes or offers to vote in any election precinct in which he or she is not qualified to vote shall be punished by a fine of not more than five thousand dollars or by imprisonment in the county jail for not more than eighteen months, or by both such fine and imprisonment.

      1-13-709.5. Residence – false information – penalty. Any person who votes by knowingly giving false information regarding the elector's place of present residence commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S.

      So how exactly does HB1330 allow gypsy voting? Where are you seeing this wiggle room?

        1. What you said was:

          I applaud John doing this. If he succeeds, then the law will be changed in January to outlaw gysy voting. If he fails, then there will be no gyspy voting under the current law. 

          My response: the law (HB1330) already does not allow gypsy voting. There won't be any gypsy voting under the current law if county clerks and election judges do their respective duties. They are all very aware of the right wing attempt to discredit HB1330 by flouting it. Out-of-district emergency voting registrations are being viewed with extreme prejudice. 

  5. Apparently even Caldara realizes that the only way anyone is ever going to be able to document any brand of fraudulent or even questionable voting is to do it himself and urge others to join him. Only if these efforts succeed will he and Gessler and their fellow wingnuts be able to point to a shred of evidence for anything of the kind. Not much of a shred and a synthetically created one at that but something is better nothing which is what they've got so far. 

    He should run a way and join the circus. He's quite the clown.

  6. Caldara isn't stupid. If he's doing this, it's a good bet he knows he's in the right. I'd watch out, Dems, he's going to make you look like fools if you're not careful.

    1. Being There.

      I think obe if the points of that movie was that the real idiots are those people who try to find deep meaning and insight in every utterance of a fool …

      … I guess you had to be there?

    2. Yeah, right.  Now you went and sullied a priceless movie and one of Sellers' best characters.  Come on, you just typing that to get in a quota on words blogged in a day?

      Chance was a simple-minded character devoid of malice whose organic wisdom was somewhat divinely inspiring.  Calera is a malignantly ignorant self-seeking horse's ASS.  The two hardly compare.

      It'd be a waste of time looking for that tiniest glint of a wisdom pearl through the copious tonnage of horseshit that Caldera evacuates.

       

    1. Alan: Like that picture!

      So they have really high voter turnout and long lines in El Paso for the recall election, (their County Clerk is not as down with the "all voters should vote" thing as our County Clerk in Pueblo). 

      Man, check out the comments on this article, though. I thought that you all were  name-calling, ad hominem attackers, but these guys make you look like slightly less vicious and more literate name-calling, ad hominem attackers. 

       

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