Watching Colorados Mail

Ballot Process

BEFORE WE BEGIN
Colorado now provides mail ballots to all registered electors (aka voters). The vast
majority of ballots are cast via mail or dropped off in a return envelope at an official
location or Voter Service and Polling Center (VSPC). This is why this training module
focuses on watching mail ballot processing at Counting Centers and not watching inperson voting at VSPCs.
Mail ballot processing in Colorado is conducted by trained Election Judges and other
officials. Before signing up to be an Election Watcher, contact your political party to
see if they will appoint you as an Election Judge. As a citizen committed to election
integrity, you will have the biggest impact as a Judge. You may even get paid!
If you cannot get appointed as an Election Judge, please proceed with this Election
Watcher training.

THANK YOU FOR STEPPING UP TO BE A COLORADO ELECTION WATCHER!

This training will focus on watching the following four aspects of mail ballot
processing. By helping to prevent mistakes or even fraud, you are protecting the
lawful elector from potential disenfranchisement.

1. Signature verification
2. Ballot resolution and duplication
3. Ballot counting
4. Ballot security

You will watch these activities and...

quietly discuss with your Watcher Contact if you observe activities that appear
inconsistent with state election laws or rules.
document all unresolved incidents of non-compliance on Incident Report forms.
(More on those later!)

Observation changes things.

--Catherine Engelbrecht
True the Vote Founder and President

Remember throughout your time as an Election Watcher, simply showing up and

quietly observing the process makes a significant difference in the integrity of
elections. Having watchers present changes the mindsets of the election workers so
that they are encouraged to become more diligent in following required ballot
processing and security procedures.

ELECTION WATCHER QUALIFICATIONS

Volunteer watchers should:

Be able to stand for long periods of time.
Be able to see and accurately document fast-paced processing activities.
Be professional at all times, follow the rules of conduct, be civil and respectful.
Be available to work before, on and/or after Election Day.
Ideally have a flexible schedule as processing dates and times can change.
Ideally live near a ballot counting center.

HOW TO BECOME A CERTIFIED ELECTION WATCHER

Here are the Colorado requirements for general elections:
Only Colorado registered electors (voters) are eligible to be Election Watchers.
But you do not have to be registered in the county observed. [Rule 1.1.47(c)]
You must be appointed by an unaffiliated candidate, a political party or an issue
committee. [CRS 1-7-106]
If appointed by a party, you must be affiliated with that party or unaffiliated.
[CRS 1-1-104(51)]
You cannot be a candidate or the candidates immediate family member. [CRS
1-7-108(2)]
You must complete the Secretary of States training to observe confidential
information such as signatures. [Rule 8.1.5]

HOW TO BECOME A CERTIFIED ELECTION WATCHER cont.

Heres how to get certified:
Start contacting potential appointers NOW (your own political party,
registered issue committee supporting/opposing a ballot issue, unaffiliated
candidates) so you can get certified and trained before the election.
Have your appointer complete a Certificate of Appointment* and sign the
oath on the Certificate. [CRS 1-7-108(1)]
Complete the Election Watcher training** on the Secretary of State website
and print out a Certificate of Completion. [Rule 8.1.5]
Present these two certificates when you enter the counting center, where
you will be sworn in. [CRS 1-7-106]
Click here for a Certificate of Appointment form (PDF).
Official Colorado Election Watcher Training Course.

KNOW COLORADOS LAWS AND RULES FOR MAIL BALLOT PROCESSING

Colorado elections are governed by Election Laws [Title 1, C.R.S.] and Election Rules
[8 CCR 1501-1]. Laws are passed by the Legislature and Rules are written by the
Secretary of State to implement the laws. This training cites both Laws (e.g., [CRS 17-106]) and Rules (e.g., [Rule 8.16]). Its important to familiarize yourself with all of
the states election laws and rules* well in advance of the election. These include:
Number of Watchers Allowed
In a counting facility, the clerk must allow a minimum of one Election Watcher per
central count process and not less than one watcher for every ten Election Judges.
[Rule 8.8.1]
During signature verification, the clerk must allow one Watcher for every four
Election Judges. [Rule 8.8.2]
The number of Watchers in a room at one time is subject to space limits and local
safety codes. [Rule 8.8.4]

KNOW COLORADOS LAWS AND RULES FOR MAIL BALLOT PROCESSING cont.
Watcher Rights to View and Challenge
Watchers must be permitted access that would allow them to attest to the accuracy of electionrelated activities. This includes personal visual access at a reasonable proximity to read documents
and screens and hear election-related discussions. [Rule 8.10.2]
Watchers are allowed to watch signature verification at a close enough distance to challenge the
signature. [Rules 8.10.2(a)(4), 8.13]
Watchers are allowed to challenge ineligible electors and assist in the correction of discrepancies.
[CRS 1-7-108(3)]
Watchers are allowed to challenge ballots cast by mail. [CRS 1-9-207]
During initial signature review by Election Judges, the county clerk may allow a Watcher to
escalate ballot envelope signatures for secondary review by a bipartisan team of Judges. [CRS 1-9207, Rules 8.13, 9.2]
The clerk must periodically audit signature verification Judges and must retrain or remove the
Judge(s) if they have unexplained, irregular acceptance or rejection rates. [Rule 7.8.8]
The Election code shall be liberally construed so that all eligible electors be permitted to vote and
those not eligible may be kept from voting. [CRS 1-1-103]
*Colorado Election Law, Rules and Advisory Opinions

KNOW COLORADOS LAWS AND RULES FOR MAIL BALLOT PROCESSING cont.
Watcher Contact
The county clerk must appoint a Watcher Contact for Election Watchers. [Rule 8.7.2]
Watchers may not interact with Election Judges other than a designated Watcher
Contact, except as permitted by the county clerk under Rule 8.13. [Rule 8.15.5]
Unless the county clerk has established another process, if a Watcher disputes an
Election Judges decision or alleges a discrepancy, a Watcher must alert the Watcher
Contact. [Rule 8.16]
Clerk Publishing Requirements
The county clerk must publish a list of those who returned mail ballots at least daily
if requested [Rules 8.10, 8.11]
The law is silent on whether the clerk must publish a mail ballot processing
schedule. You will need to request this from your Watcher Contact so you have
advance notice of processing dates and times.

KNOW COLORADOS LAWS AND RULES FOR MAIL BALLOT PROCESSING cont.
Return Ballot Envelope Requirements
The mail ballot return envelope exterior must have the electors name and address and a selfaffirmation signature line. [CRS 1-7.5-103(7)]
The mail ballot materials must include a privacy envelope or sleeve. [CRS 1-7.5.103(8)]
Where practicable, the county must print the electors full name under or near this signature line.
[Rule 7.2.8]
All return envelopes must have a space on the return envelope for a witness to the electors mark
to provide his/her full legal name. [Rule 7.2.9]
Each return envelope must include a statement that it is a violation of law to receive more than
ten ballots for mailing or delivery. [Rule 7.2.5]
Return envelopes may include the statement I am voluntarily giving my ballot to (name, address)
for delivery on my behalf. [Rule 7.2.6]
Receiving of Ballots
Except for military or overseas electors, any ballot received after close of polls must be datestamped but not counted. [Rule 7.5.3]
If a county timely receives a mail ballot in an unofficial return envelope, the county must contact
the elector and secure a signed affidavit for the ballot to be counted. [Rule 7.6.1]

KNOW YOUR COUNTYS PROCEDURES

As soon as you are certified as an Election Watcher:
Contact your county elections office and arrange to tour the ballot counting center. Ask him or her to walk
you through
each processing station and procedure so you are familiar before the election and establish a working
relationship. Ask...
Are my Election Watcher certification documents complete?
What is the name and contact information of my Watcher Contact?
How many Watchers are allowed at a time in a processing area?
What are the rules about Watchers taking notes?
Where are Watchers allowed to stand and watch signature verification and other activities?
Do these locations allow the Watcher to easily view and hear the activities?
How and to whom should the Watcher present questions or challenges? The Watcher Contact only?
What is the ballot processing schedule and how/when can I receive notice of changes?
How are signatures compared and what defines a match or mis-match?
Are signature verification machines used to compare signatures or are all verified by Election Judges?
If a machine is used, what happens if the machine identifies a signature as discrepant?
What happens to ballots that both the machine and Judge reject for signature discrepancies?
How may Watchers challenge or escalate a specific signature for secondary review?
What are the ballot duplication procedures (for damaged, etc. ballots)?
What are the ballot security procedures, including delivery from the post office, storage of ballots before
and after counting, movement of ballots within the center, etc.?
How are electors votes kept private when opened?

KNOW YOUR COUNTYS PROCEDURES cont.

During your tour of the counting center...

Secure a copy of the countys Election Judge signature verification training

document. This will give you a framework against which to compare your
observations. Note whether any elements of training appear inconsistent with
state law.

Secure a copy of both sides of the mail ballot return envelope. Note whether the
information written on the outside of the countys envelope appears inconsistent
with state law.

Request to attend the countys Logic and Accuracy Test, during which the
procedures and machines are tested and publicly certified.

Do NOT sign the certification in case you later need to challenge a procedure
that fails in practice (politely decline if offered, stating that you are too new
at observing).

Contact the Watcher Contact immediately if county procedures and/or materials

appear to be inconsistent with state election law. Document any unresolved
inconsistencies on Incident Report forms.

LETS GO!
On the following slides, you will learn the Rules of Conduct and all about the four
areas of mail ballot processing.
At the end of this training module, there is a very important section called Creating
Election Watcher Incident Reports. There you will find a printable Election Watcher
Incident Report form, learn how to recognize and document incidents and how to
submit them to your state and county election officials.

RULES OF CONDUCT
Please follow these rules during your time as an Election Watcher:
Wear comfortable but professional clothing. Bring a jacket or sweater as needed.
Do not wear political clothing or accessories.
Wear comfortable shoes since you may be standing most of the time.
Do not wear perfume or cologne.
Sign in at the front desk under the appointer for whom you are observing, NOT under True the
Vote.
Bring your certification papers, a copy of this training document, Incident Report forms, a
clipboard, pencil, blue ballpoint pen and note paper.
Turn off your cell phone. Calls, photos or recording are not allowed in the counting center.
Take a snack and drink but do not eat or drink inside the ballot processing areas.
Come fully rested and attentive! This is detailed and repetitive activity to observe. It requires your
full attention.
If you are working with others in shifts, arrive 10 minutes early so the Watcher you are relieving
can brief you.
Speak only to the Watcher Contact and not the Election Judges or others processing ballots.
Do not engage with campaign workers or other Watchers and do not take breaks or meals with
them.
Never touch materials, machines or personnel.
Never interfere with the orderly conduct of any aspect of the election process.
Never record or disclose confidential voter information.
Never disclose any election results before they are officially reported.

1 . SIGNATURE VERIFICATION
The majority of your time will be spent observing signature verification. This involves an Election Judge comparing the
signature on a ballot return envelope to the electors signature in the states computerized SCORE system.
The county clerk shall provide training to Election Judges in signature comparison techniques and standards. [CRS 1-7.5107.3(4)(b)] At your pre-meeting, your county clerk should provide you with the Election Judge training document and walk you
through the procedures. The training may include these elements for the Judge to consider when comparing signatures (source:
CO Secretary of State Policy and Procedure Manual):
An obvious change in the signature slant.
A printed signature on one document and a cursive signature on the other document.
A difference in the signatures size and scale.
A difference in the signatures individual characteristics, such as how the ts are crossed, the is are dotted or loops
made on ys or js.
A difference is the electors signature style, such as how letters are connected at the top and bottom.
Evidence that ballots or envelopes from the same household have been switched.
Any other noticeable discrepancy such as misspelled names.
If a signature verification machine is used and is unable to determine whether a signature matches, an Election Judge shall
compare the signatures. [CRS 1-7.5-107.3(5)(b)]
If a Judge or signature verification machine determines that a signature does not match, two other Election Judges of different
party affiliations shall simultaneously compare the signatures. [CRS 1-7.5-107.3(2)(a)]
If both other Judges agree that the signatures do not match, or if the envelope is missing a signature, the clerk shall contact
the elector and give him the opportunity to affirm that he indeed voted by mail. If the elector provides proper documentation,
his ballot shall be counted. [CRS 1-7.5-107.3(2)(a), Rule 7.7]

1 . SIGNATURE VERIFICATION cont.

Substitution of initials or a nickname shall not be the sole basis for judging a signature as
discrepant. [CRS 1-7.5-107.3(4)(a)]
If there is disagreement among the Judges concerning a signature match, the signatures are
deemed to match. [CRS 1-7.5-107.3(2)(c)]
Signatures suspected to be fraudulent shall be referred to the District Attorney for investigation.
[CRS 1-7.5-107.3(2)(a)]
When observing the Election Judges verifying signatures, note and tally as necessary...
the name of the Judge you are observing
envelopes with no signature being accepted by the Judge
envelopes with what you believe to be a discrepant signature being accepted by the
Judge
envelopes with what you consider a matching signature being challenged by the Judge.
If envelopes with no signatures OR discrepant signatures are accepted by the Judge, you have the
right to challenge the signatures. Quietly, but immediately, address challenges to your Watcher
Contact.
Observe long enough to assess the work of the Judge and, if necessary...
quietly address any additional problems with the Watcher Contact;
document unresolved incidents on Incident Report forms.

2 . BALLOT RESOLUTION AND DUPLICATION

Once the signature on a ballot return envelope is verified, it can be opened and the ballot removed. In some cases, a
ballot is damaged or otherwise unreadable and cannot be run through the ballot scanner. Ballots faxed by military
personnel and others are also unreadable by the scanner. There may also be over-votes and ambiguous markings. In
these cases, the ballots must be resolved and duplicated by a Resolution Board (RB) made up of at least two Election
Judges from different political parties:
Based on your countys system, the ballot scanner must be programmed to identify and initially reject for resolution
ballots with write-in votes, blank ballots, ballots with ambiguous markings and ballots with over-votes. [Rule 18.3.2(b)]
The RB shall resolve all blank ballots and ballots with over-votes, write-in votes and ambiguous markings in accordance
with the Voter Intent Guide.* [CRS 1-7-309, 1-7-508(2), Rules 18.4.1, 18.4.2, 18.5.1]
The RB must inspect blank ballots to determine if the ballot is truly blank, in which case it is to be recorded as a blank
ballot. [Rule 18.5.2]
The RB must duplicate an electors choices on a damaged ballot onto a blank ballot of the same style. [CRS 1-7508(1), Rule 18.4.1]
During ballot duplication, two additional Judges representing each major party must observe or review the work of the
RB. [Rule 18.4.1]
The damaged and duplicated ballots must be numbered similar to Orig0001 and Dupe0001 and entered in a
written log of duplicated ballots. [Rules 18.4.3, 18.4.4]
Duplicated ballots must be counted as all other paper ballots. [Rule 18.4.5]
Duplicated ballots and logs must be stored securely. [Rule 18.4.6]
Observe the ballot resolution and duplication activities and, if necessary...
quietly address any problems with the Watcher Contact
document unresolved incidents on Incident Report forms.

3 . BALLOT COUNTING
Once the signature on a ballot return envelope is verified, it can be opened and the ballot removed.
There should be a privacy sleeve inside the return envelope and/or other means of obscuring how
the voter actually voted. The ballots will then be grouped together and counted by vote tabulating
equipment.
All persons engaged in processing and counting of ballots shall be deputized and given an oath.
[CRS 1-7-507(2)]
Counting may begin 15 days prior to the election but no information concerning the count shall be
released by officials or watchers until after 7 PM on Election Day. [CRS 1-7.5-107.5]
In a partisan election, all proceedings at the counting center shall be under the direction of the
designated official and the representatives of the political parties. [CRS 1-7-507(1)]
No persons, except those authorized, shall touch any ballot, ballot card, election devices or
returns. [CRS 1-7-507(1)]
The return printed by the vote tabulating equipment shall, when certified, constitute the official
return of each precinct. Upon completion of the count, the returns shall be open to the public. [CRS
1-7-507(3)]
Observe the opening of ballot envelopes, privacy and counting practices and, if
necessary...
quietly address any problems with the Watcher Contact
document unresolved incidents on Incident Report forms.

4 . BALLOT SECURITY
Your county clerk should walk you through procedures for securing unprocessed and processed ballots and vote tabulating
equipment, including:
The designated election official must seal and store ballots and return envelopes in a safe, secure place until the counting of
ballots. [Rule 7.5.6]
All persons engaged in processing and counting of ballots shall be deputized and given an oath. [CRS 1-7-507(2)]
Only election officials or canvass board members sworn under oath are allowed to handle ballots. [Rule 20.2.3]
No persons, except those authorized, shall touch any ballot, ballot card, election devices or return. [CRS 1-7-507(1)]
Except for emergency personnel, no individuals may be present in processing locations unless supervised by one or more
employees. [Rule 20.4.3(b)]
Access to areas where election management software is used is restricted to authorized officials and Watchers only. Those
delivering ballots must wear distinguishing identification. Each employee with access must have their own unique user name and
password. [Rules 20.4.3(b), 20.4.5, 20.5.2(c)(3)]
Other than programming the election, the voting system provider may not have access to the countys election management
system. The vendor must be escorted by an employee at all times on site. [Rules 20.5.2(d), 20.8.3]
The county may not connect any voting system component to the Internet. Wireless capability of any component must be
disabled. [Rules 20.5.2(e), 20.5.2(f)]
The county must make video security surveillance recordings and maintain a log of each person who enters areas where election
management software is used, areas for processing ballots and storage areas for all voting equipment. [Rules 20.5.2(h), 20.7.1,
20.7.2, 20.7.3]
The county must adequately light the areas subject to video surveillance. [Rule 20.7.3(c)]
Observe the handling and storage of processed and unprocessed ballots and use of equipment and if necessary...
quietly address any problems with the Watcher Contact
document unresolved incidents on Incident Report forms.

CREATING ELECTION WATCHER INCIDENT REPORTS

During your time as a Watcher, you will be documenting certain incidents on Election Watcher Incident Report (IR) forms*. An
incident is an observed action or inaction which appears to a Watcher to be inconsistent with election law, rule or procedure. IRs are
legal documents. It is important that you complete them and complete them correctly.
Completing Incident Reports

Only report incidents that are actionable:

o They appear to you to be possibly non-compliant with state laws or rules AND
o They have been brought to the attention of your Watcher Contact or appropriate officials AND
o They remain unresolved.

IRs are not designed to be a diary of activity you observe; only report apparent unresolved irregularities/exceptions to the
law.

Focus on the facts of the incident and do not be emotional or judgmental. Report:
o When (full month/day/year and time of day)
o Where (name of location and full location address)
o Who (names and titles of each person involved)
o What (apparent inconsistency, specific actions, words and/or documents observed).

You may not be allowed or able to take detailed notes in the counting center. When that occurs, complete your IRs as soon as
you leave the facility, when your recall is best.

Avoid citing specific laws or rules on your IR. Its best to state the facts of the incident and that it [the reported conduct] may
be inconsistent with election law. Leave quoting the exact laws or rules to election lawyers.

Complete IRs in blue ballpoint pen.

Sign and date the bottom of each IR where specified.

Attach additional papers if needed and identify the attachment by name, date and number of pages above your signature on
the IR.

CREATING ELECTION WATCHER INCIDENT REPORTS cont.

Submitting Incident Reports
Once you (and others if working as a team) have completed your IRs, you will submit
them to the appropriate election officials.
Make a copy of each IR and its attachments, if any. Submit the copies and keep
the originals.
Write a cover letter* summarizing the incidents and attach the IR copies. When
significant, point out good work you observed in the course of detailing the
incidents of unresolved apparent non-compliance. Do not be accusatory. Rather,
state that the incidents appear to be inconsistent with election law, hence, noncompliant.
Sign the letter as a watcher for your appointing party, NOT True the Vote.
Recipients of the cover letter with IR attachments should include your appointing
party, the County Clerk, Watcher Contact and the Secretary of State.

THANK YOU FOR BEING A COLORADO ELECTION WATCHER!

Election Watchers are critical participants in our election process.
Your time and effort will assure that the election is
conducted with integrity and voters rights are protected.