July 9, 2014
Boulder County Clerk Defies Canvass Board.
False report submitted to Secretary of State.
The chair of the Boulder County canvass board, Al Kolwicz, today notified the Secretary of State that the 2014 primary election records submitted from Boulder County are false.
At its July 7th meeting, the canvass board voted 4 to 3 to adopt a report of the board’s decision to not certify the election and to summarize the board’s reasons for noncertification.
On behalf of the board, on July 8th, the Boulder County Clerk and Recorder transmitted the final election records to the Colorado Department of State. Canvass board members received a partial copy of the package that was transmitted.
Included in the package is a Certification of Election document. The document was the subject of a heated debate following the July 7th board meeting. The clerk asked Gould and Feeser to go upstairs and sign this document. Kolwicz objected. He asked for a copy, which was not provided.
Signed by Clerk and Recorder Hillary Hall and the two Democratic Party members, Dan Gould and Pat Feeser, the document included in the package says, “I, Hillary Hall, the Boulder County Clerk and Recorder, do hereby certify the Official Abstract of Votes Cast attached herein for the 2014 Primary Election held in Boulder County on the 24th of June.”
Canvass board member Mary Eberle said, “Under the law, the clerk does not have the authority to certify the election. Certification is the duty of the canvass board.”
The document also says, “We the undersigned Canvass Board for the 2014 Primary Election, do hereby certify that: … We have reviewed and do hereby certify the results in the Official Abstract of Votes Cast.”
Kolwicz stated, “This assertion is absolutely not true. The board decided just the opposite. This document does not replace the canvass board’s decision and is not even to be used when an election is not certified.”
Kolwicz also said, “I identified this and other problems with the package, and I promptly notified Dwight Shellman, Colorado Department of State Elections Division, asking by email, “Before it [the election records package] is recorded and/or processed, it is imperative that it be corrected.”
Under Colorado law, the chairs of major political parties appoint primary election canvass board members. The clerk has the seventh seat on this year’s Boulder County canvass board. Decisions are made by majority vote.