HomeMy WebLinkAbout20222262.tiffLETTER OF CONCERN RESPONSE FORM
D D EPARTMENT
Clerk and Recorder's Office
ELECTED OFFICIAL:
Carly Koppel
DATE LETTER RECEIVED
July 11, 2022
Paula Johnson
LETTER RECEIVED FROM.
LETTER RECEIVED VIA
Mail
EnnALrMAiLI'ADDRESS:
34998 CR 45, Eaton, CO 80615
* * PLEASE RESPOND WITHIN THREE DAYS. IF RESPONSE WILL BE DELAYED, PLEASE NOTIFY "CTB
GROUP" BY EMAIL. * * *
ACTION TAKEN:
Ms. Koppes indicated she had a phone call with Ms. Johnson regarding said letter of concern (see
attached email).
METHOD OF RESPONSE:
Board Action
Work Session
Letter (Attached)
Email (Attached)
Telephone Call
No Response (Explain)
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M:\CTB\LETTERS OF CONCERN\Forms\Elected Official Response Fillable Form
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Mariah Higgins
From:
Sent:
To:
Cc:
Subject:
Carly Koppes
Tuesday, July 26, 2022 2:10 PM
Mariah Higgins
Chloe White; Esther Gesick
RE: Letter of Concern - Mrs. Paula Johnson
Good afternoon,
I had a phone call with Ms. Johnson about her letter.
Survey: Tell us how we are doing
Thank you,
Carly Koppes
Weld County Clerk and Recorder
1250 H Street
Greeley, CO 80634
(970) 400-3155
(720) 652-4200 x 3070
Cell: (970) 815-1166
ckoppes@co.weld.co.us
From: Mariah Higgins <mhiggins@weldgov.com>
Sent: Tuesday, July 26, 2022 2:06 PM
To: Carly Koppes <ckoppes@weldgov.com>
Cc: Chloe White <cwhite@weldgov.com>; Esther Gesick <egesick@weldgov.com>
Subject: Letter of Concern - Mrs. Paula Johnson
Good afternoon Carly,
We received the attached copy of a letter that was sent to you. We would typically process this as a letter of
concern but before doing so, I wanted to check with you and see if you had already addressed it. If so, would it
be possible to get a copy of your reply so we can have it as a part of our records so the Commissioners know it
has been addressed.
Thank you,
Mariah Higgins
Deputy Clerk to the Board
Clerk to the Board's Office
Weld County
1150 O Street
Greeley, CO 80631
Tel: (970) 400-4225
Email: mhicygins(a)weldpov.com
Date: July 5, 2022
Weld County Clerk Carly Koppes
cc: County Commissioners
C0r? \1
Dear Clerk Koppes,
Re: Surveillance of Ballot Drop Boxes during the November 2022 Election.
RECEIVED
JUL 1 1 2022
WELD COUNTY
COMMISSIONERc
Drop Boxes Need to be properly monitored as they are the first step in the chain of custody
of our ballots in the election process. Currently, there are ballots drop boxes with poor video
surveillance, cameras that are too far away, pointed in the wrong direction or missing all
together. The county clerk's office is not staffed to review the video footage and thus the
footage goes unviewed beforeit is deleted. The video footage is often deleted before the 25 -
month retention period regulated by state statute. The cost to citizens to obtain the video files
is an artificial barrier to allowing the citizens to participate in viewing the video on a
volunteer basis to report back to the clerk if anything nefarious is spotted.
To cure these deficiencies in the election system the clerk must implement these simple steps
at minimal cost to the county.
1. The Video needs to be accessible to the public at no charge to view as the Clerks are not
viewing the video. The video footage needs to be stored on designated storage devices
for the quick and easy access by clerks. Storing this video footage in a designated folder
or device will cause the request to view this video essentially nothing more than the cost
of the storage device needed to have the files copied onto. There is no necessity for
review by the clerk's office prior to release to the public as it is taken in a public place,
hence no expectation of privacy. It's not a document where there could be exceptions
under CORA that need to be reviewed or redacted.
8 CCR 1505-1.1.44 "Video security surveillance recording" means video
monitoring by a device that continuously records a designated location or a
system using motion detection that records one frame, or more, per minute until
detection of motion triggers continuous recording.
2. Current election rule 7.4.1(e) on the retention of the video surveillance record for only 60
days is in conflict with state and federal law. This conflict should never have passed
through the Attorney Generals office. However, the clerk's have their own duty to their
constituents to follow the law and must follow state and federal law which is superior to
election rules.
Rule 7.4.1(e) Video security surveillance must be retained by the county clerk through 60
days following the deadline to certify the election, or until the conclusion of any election
contest, whichever is later; except that if the county clerk knows or reasonably should know that
there is a potential violation of law where the surveillance could be used as evidence, it must be
retained through the applicable statute of limitations or the conclusion of any judicial proceeding
related to the election, whichever is later.
3. The video record needs to be retained for the 25 months as election records. The video
record is part of the Chain of Custody of our Ballots. The Colorado election rule is in
direct conflict with state and federal law. It is the duty of our clerks to maintain the trust
of the citizens in our election process. Maintaining the video footage for 25 months is
simple low cost step to take to help ensure the trust of the people.
CRS § 1-7-802. Preservation of election records. The designated election official shall be
responsible for the preservation of any election records fora period of at least twenty-five
months after the election or until time has expired for which the record would be needed in any
contest proceedings, whichever is later.
52 U.S, Code § 20701 - Retention and preservation of records Every officer of election shall
retain and preserve, for a period of twenty-two months from the date of any general, special,
or primary election all records and papers which come into his possession relating to any
application, registration, payment of poll tax, or other act requisite to voting in such
election...... Any officer of election or custodian who willfully fails to comply with this
section shall be fined not more than $1,000 or imprisoned not more than one year, or both.
4. If these measures put too large of a burden on the county, then the use of Drop Boxes
needs to be discontinued.
Thank you for your attention to this matter. I look forward to your reply.
Sincerely,
Paula Johnson
34998 CR 45
Eaton, CO 80615
970.381.0139
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August 1, 2022
CLERK TO THE BOARD
PHONE: (970) 400-4225
FAX: (970) 336-7233
1150 0 STREET
P. O. BOX 758
GREELEY, COLORADO 80632
www.weldgov.com
PAULA JOHNSON
34998 COUNTY ROAD 45
EATON, CO 80615
RE: CONCERN FOR SURVEILLANCE OF BALLOT DROP BOXES DURING THE 2022
ELECTION
To Whom It May Concern:
Thank you for contacting the Weld County Clerk to the Board's Office in service of the Weld
County Board of Commissioners. We have received your letter of concern and are processing it.
The issue you raised is under the jurisdiction of the Weld County Clerk and Recorder's Office.
The Weld County Clerk and Recorder, Carly Koppes, is an elected official. You previously
provided a copy of your letter to Ms. Koppes, but it is also being forwarded to the County
Commissioners. Your letter will be listed on the Weld County Board of Commissioner's Agenda
as an item of Communications.
You can reach the Clerk and Recorder's Office at (970) 304-6530.
If you have questions or need additional information, please do not hesitate to contact me at
(970) 400-4225.
Very truly yours,
Mariah N. Higgins
Deputy Clerk to the Board
mhiggins@weldgov.com
cc: Clerk and Recorder's Office
Weld County Board of Commissioners
Weld County Attorney's Office
WELD COUNTY LETTERS OF CONCERN
CERTIFICATE OF MAILING
FIRST NAME
LAST NAME
COMPANY
ADDRESS 1
CITY
STATE
POSTAL
CODE
PAULA
JOHNSON
34998 COUNTY
ROAD 45
EATON
CO
80615
I hereby certify that I have sent a true and correct letter of receipt in accordance with the notification requirements of
Weld County in the United States Mail, as addressed on the attached list this 1st day of August, 2022.
Mariah N. Higgins
Deputy Clerk to the Board
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