Typical Election Problems and Impact of SB138 on Watcher Access/Oversight
Candidate/party/campaign independent review efforts are greatly limited
Potential Election
Process Problem
1. Wrong ballot style mailed
to voters
2. Numerous voters failed to
get ballots
3. Numerous voters get
duplicate ballots
4. Automated signature
verification system
accepting bad signatures
5. Judges accepting or
rejecting signatures on
biased partisan basis
Current watcher law
right to witness and
verify each step + assist
in the correction of
discrepancies
Watchers can examine
printing process, ballot
insertion, mailing records,
etc. to evaluate impact to
candidate
Watchers can help
investigate cause of errors
and whether full remedy
was employed
Watchers can help
investigate cause of errors
and whether safeguards are
established to prevent
duplicate voting
Watchers can trigger review
of the system and challenge
the results
Watchers can carefully
watch verification and
review the documents and
object
Proposed SB17-138
Note
Watcher law
Watchers cannot timely Footnote 1
access information to
investigate
Watchers cannot timely
access information to Footnote 1
investigate
Watchers cannot timely Footnote 1
access information to
investigate
Watchers cannot timely Footnote 1
access information to
investigate
Watchers can only observe Footnote 1
the process of signature
verification, not the
signatures and voter
registration records
themselves
6. Ballot scanners
generating system error
messages and improperly
scanning
7. Staff fails to send
signature cure letters for
mismatched signature, or
sends in partisan manner
8. Eligible voters missing
from voter registration data
base
9. Tabulation errors and
reporting errors in results
are observed by watchers
10. Canvass board
experiences problems
reconciling results
11. Errors are discovered in
post-election audit
12. Cyberattacks on
election system are alleged
13. Voters file election
Watchers can study error
messages, contact
independent experts, and
object to improper
processes.
Watchers can review the
ballots rejected and assure
timely, accurate mailing
Watchers can review
officials handling and
investigation, and help
determine whether there
was systemic problem
Watchers can review, object
and ask for correction. Can
call experts, attorneys, and
campaign and can disclose
specific election night
numbers to them
Watchers can review, object
and ask for correction. Can
call experts, attorneys, and
campaign and can disclose
specific election night
numbers to them
Watchers can review source
of problem and alert
campaigns on timely basis
Watchers can review
system analysis and
impacts on timely basis
Watchers are present at
Watcher cannot timely Footnote 1
access information to
investigate impact
Watchers have no timely
access
Watchers have no timely Footnote 1.
access
Watchers prevented from
discussing election night
tabulation results until
formal announcement of
results (two weeks later.)
Only minor parties and U
candidates are permitted to
have watchers at canvass.
Major party watchers shut
out from review and voicing
objections
Watchers will not be
permitted to attend audits
Watchers not permitted to
observe analysis effort.
Watchers not permitted to
 complaints with canvass canvass meeting and can observe the analysis effort
board about voting review the investigation
equipment malfunctions process and evaluate
impacts on their campaign
14. Watchers discover Watchers can contact Bill attempts to limit watcher
significant discrepancies in anyonecampaign, press, ability to report or remedy,
vote or signature processing attorneys, party, etc.and granting the authority to file
may file complaints with complaints only to
SOS or court appointing authoritylikely
the partyexcluding the
candidate,
15. Memory cards with Watchers may follow and Watchers prohibited from
scanned results are not document full chain of watching if only staff is
well-secured custody of memory cards handling cards
and file complaints
16. Under provisions of Colorado law assumes that Watchers prohibited from Unfair to watcher to
HB17-1014, voters show ballots are anonymous inquiring (looking?) when criminalize disclosing
their ballots and prove their unclear impact after HB17- being shown voters ballot, information that was publicly
votes to candidate/party- 1014 and from disclosure of disclosedsay in the
appointed watchers publicly displayed polling place where voters
information are showing their voted
ballots
17. Candidates want Not addressed Not addressed
watchers at recall election
18. Urgent unanticipated Watchers obtain access Clerk may order a
problems arise requiring when appointed by background check and pass
additional watchers party/candidate/committee or fail the watcher at her
discretion, delaying or
preventing watcher access.

Footnote 1. SOS has numerous policies and rules that violate watcher statutory rights. Some activities above are
permitted by law, but not by current policy or rule. Law should not be degraded to fit officials preferred policies.
Marilyn Marks. 3.23.17