HomeMy WebLinkAbout20220526.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MONDAY, FEBRUARY 14, 2022
The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity
with the laws of the State of Colorado at the regular place of meeting in the Weld County Administration
Building, Greeley, Colorado, February 14, 2022, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following members
were present, constituting a quorum of the members thereof:
Commissioner Scott K. James, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Perry L. Buck
Commissioner Steve Moreno - EXCUSED
Commissioner Lori Saine
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Houstan Aragon
Chief Financial Officer, Cheryl Pattelli
MINUTES: Commissioner Buck moved to approve the Minutes of the Board of County
Commissioners meeting of January 31, 2022, as printed. Commissioner Freeman seconded the motion,
and it carried unanimously.
PUBLIC INPUT: Dan O'Conner, City of Longmont Resident and Representative of Certified Poll
Watchers, stated on February 9, 2022, a Constitutional Notice and Complaint was filed against Weld
County Clerk and Recorder, Carly Koppes, Adam Gonzales, and Rudy Santos. Amy Miller, Windsor
Resident and Certified 2021 Colorado Secretary of State Poll Watcher, expressed her complaintive
testimony and observations that violated the Colorado Constitution and Election Code. Shelley Rowe,
Firestone Resident and 2021 Certified Poll Watcher, expressed she was devastated by the lack of
compliance with the election law which prevented her from fulfilling her duties during her first time in this
role. Commissioner Saine requested a copy of the Notice and Complaint. (Clerk's Note: Copy Submitted
as Exhibit A.)
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Freeman moved to approve the Consent Agenda, as printed.
Commissioner Buck seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: Commissioner Buck reported she is continuing to
learn about the Oil and Gas Energy, and Planning Departments and Extension Office, and the other
Commissioners indicated all is well in their departments.
Minutes, Monday, February 14, 2022 2022-0526
-1/i2 Page 1 BC0016
WARRANTS:
1) GENERAL WARRANTS - FEBRUARY 11, 2022: Commissioner Buck moved to approve the General
Warrants, as printed. Commissioner Freeman seconded the motion, and it carried unanimously.
2) GREELEY-WELD COUNTY AIRPORT AUTHORITY WARRANTS - FEBRUARY 11, 2022:
Commissioner Freeman moved to approve the Greeley -Weld County Airport Authority Warrants, as
printed. Commissioner Buck seconded the motion, and upon a roll call vote the motion passed three (3)
to one (1), with Commissioner Saine opposed.
BIDS:
1) APPROVE BID #B2200043, DUST PALLIATIVE SUPPLY - DEPARTMENT OF PUBLIC WORKS:
Rob Turf, Purchasing Department, stated staff recommends selecting the lowest bidder who met
specifications, Envirotech Services, Inc., for a total amount of $1,043,238.00. Commissioner Buck moved
to approve said bid. The motion was seconded by Commissioner Freeman, and it carried unanimously.
2) APPROVE BID #B2200049, TRAFFIC PAINT AND BEADS - DEPARTMENT OF PUBLIC
WORKS (TO BE CONT'D TO 2/16/2022): Mr. Turf stated staff has requested to continue this matter for
approval until Wednesday, February 16, 2022, to look for more affordable pricing. Commissioner
Freeman moved to continue said bid, per staff request, until Wednesday, February 16, 2022, at 9:00 a.m.
The motion was seconded by Commissioner Buck, and it carried unanimously.
3) APPROVE BID #B2200044, JAIL SALLY PORT OVERHEAD DOOR REPLACEMENT —
FACILITIES DEPARTMENT: Mr. Turf stated staff recommends selecting the lowest bidder who met
specifications, Front Range Raynor, for a total amount of $53,196.00. Commissioner Freeman moved to
approve said bid. The motion was seconded by Commissioner Buck, and it carried unanimously.
4) PRESENT BID #B2200045, AULT GRADER SHED CONSTRUCTION - FACILITIES
DEPARTMENT: Mr. Turf stated eight (8) bids were received, and staff will make a recommendation on
February 28, 2022.
5) PRESENT BID #B2200050, ARCHITECTURAL AND ENGINEERING SERVICES FOR
PROBATION OFFICES - FACILITIES DEPARTMENT: Mr. Turf stated eight (8) bids were received, and
staff will make a recommendation on February 28, 2022.
6) PRESENT BID #B2200054, 2022 SIGN MATERIALS - DEPARTMENT OF PUBLIC WORKS:
Mr. Turf stated six (6) bids were received, and staff will make a recommendation on February 28, 2022.
NEW BUSINESS:
1) CONSIDER CONTRACT ID #5525 AGREEMENT FOR PROFESSIONAL SERVICES FOR PARKING
LOT SNOW REMOVAL (BID #B2200046) AND AUTHORIZE CHAIR TO SIGN - COLORADO SNOW
MANAGEMENT: Toby Taylor, Director of the Facilities Department, stated this agreement is for the
removal of snow at the 1400, 1402, and 1551 North 17 Avenue Buildings with Colorado Snow
Management for the amount of $590.00 for full snow removal and $210.00 for partial snow removal.
Mr. Taylor stated this has not previously been before the Board, as the amount is lower than the requisite
amount for formal bids. Commissioner Buck moved to approve said agreement and authorize the Chair
to sign. The motion was seconded by Commissioner Freeman, and it carried unanimously.
Minutes, Monday, February 14, 2022 2022-0526
Page 2 BC0016
2) CONSIDER CONTRACT ID #5544 AGREEMENT FOR PROFESSIONAL SERVICES FOR JAIL
STEEL CELL WINDOW FRAME MODIFICATION AND AUTHORIZE CHAIR TO SIGN - CML
SECURITY, LLC: Mr. Taylor explained deputies in the Jail have discovered the caulking material currently
used in windows can be fashioned into a weapon. He further stated this agreement is from a single source
bid with CML Security, LLC, for the total amount of $31,784.00. Commissioner Buck moved to approve
said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Freeman,
and it carried unanimously.
3) CONSIDER THREE (3) APPLICATIONS FOR REIMBURSEMENT FOR PETROLEUM
STORAGE TANK REMEDIATION AND AUTHORIZE CHAIR TO SIGN: Chris D'Ovidio, Controller, and
David Springer, Director of Fleet Services, stated these applications are for the reimbursement of
environmental cleanup costs at the Greeley fueling station, performed by Palmetto Environmental Group,
for a total amount of $163,388.84, with the County expected to receive $153,388.84 from the storage
tank fund. Commissioner Saine moved to approve said applications and authorize the Chair to sign. The
motion, which was seconded by Commissioner Buck, carried unanimously.
4) CONSIDER CONTRACT ID #5573 SERVICE AGREEMENT FOR CYBERSECURITY SYSTEM
SUPPORT FOR PUBLIC SAFETY WIRELESS FRONT RANGE COMMUNICATIONS CONSORTIUM
(FRCC) AND AUTHORIZE CHAIR TO SIGN - MOTOROLA SOLUTIONS, INC.: Tina Powell, Director of
the Department of Public Safety Communications, stated this is a temporary contract to bridge the gap
in personnel shortage until a permanent Weld County employee can be hired and trained to manage and
service the functions needed at various sites for a total amount of $51,755.34. Commissioner Buck moved
to approve said agreement and authorize the Chair to sign, which was seconded by Commissioner
Freeman, who commented this agreement is very important to fill the gap while seeking and training a
new replacement. The motion carried unanimously.
5) CONSIDER TEMPORARY ROAD CLOSURE OF CRS 80 AND 37 INTERSECTION:
Amy Mutchie, Department of Public Works, stated this closure is to begin March 1, 2022, and go through
June 15, 2022, to complete the construction of Bridge 80/35A, which is related to the intersection
improvements project. In response to Commissioner Freeman, Ms. Mutchie detailed the detour route for
the record and stated that magnesium chloride will be used for dust mitigation on the gravel roads, with
message boards currently in place. Commissioner Freeman moved to approve said temporary closure.
The motion was seconded by Commissioner Saine, and it carried unanimously.
PLANNING:
1) CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION
PENALTIES AS SPECIAL ASSESSMENT - DANIELA FLORES AND PAULA GRADO (CONT'D FROM
11/15/2021): Caitlin Perry, Assistant County Attorney, stated there was a hearing held July 12, 2021,
where the court ordered a daily penalty of $50.00 per day, and violations included unpermitted
commercial vehicles, equipment, and cargo containers, and unauthorized storage of construction
materials. The Board of County Commissioners heard this last on November 15, 2021, and granted a
continuance of 90 days to allow the site to become compliant; however, the property owner has failed to
do so and it has now been 217 days, which results in a total of $10,850.00 to be certified as a special
assessment. Hannah Dutrow, Zoning Compliance Officer, displayed photos of the site and vicinity map
for the record. Modesto Flores, representative of the property owners, stated they have purchased a new
property and are waiting for the surveyor to indentify where any oil and gas pipes are located, in relation
to tank batteries and active well heads, for the proper permits, before he can move materials to the new
location to bring this location into compliance. In response to Chair James, Ms. Dutrow confirmed that
this violation has occurred since 2020, there are currently three (3) locations that are in violation, and this
new property is in the process of being zoned and surveyed. Kurt Nakata, Front Range Fire Protection
Minutes, Monday, February 14, 2022 2022-0526
Page 3 BC0016
District, stated the commercial building was inspected, they noticed fuel tanks, leaks, unpermitted
construction of a building so they contacted zoning at that time. He confirmed they had issued an
application for hazardous materials, but the fee has not been paid. Mr. Nakata also recommended
Mr. Flores submit his site plans to the relevant fire protection district for review, if they are moving to a
new location. Bruce Barker, County Attorney, stated the Board's options are; to certify, to continue, or to
not certify. Mr. Flores stated that it will take an additional 6-8 weeks to be able to get the survey and
proper permits for all locations and be in compliance. He further stated they have hired Landmark, Inc.,
to make all this happen as quickly as possible. Commissioner Buck moved to continue said certification
of zoning violation penalties as special assessment until April 18, 2022, at 9:00a.m. Commissioner
Freeman seconded the motion, and it carried unanimously.
2) CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION
PENALTIES AS SPECIAL ASSESSMENT - LUCINA FLORES (CONT'D FROM 11/15/2021): Ms. Perry
stated Lucina Flores has a court -ordered daily penalty of $25.00 per day, beginning on August 4, 2021,
and violations include excessive animal units onsite and greater than allowed lot coverage for the onsite
structures. She stated the Board previously granted a 90 -day continuance to allow the site to become
compliant, but the property owner has failed to so do and is now 194 days delinquent, which results in a
total of $4,850.00 to be certified as a special assessment. Ms. Dutrow reviewed photos from her
inspection on February 10, 2022. Mr. Flores, again stated he is waiting on the survey to come into
compliance. Commissioner Freeman moved to continue said certification of zoning violation penalties as
special assessment to April 18, 2022, at 9:00 a.m. Commissioner Buck seconded the motion, and it
carried unanimously.
3) CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION
PENALTIES AS SPECIAL ASSESSMENT- JESUS VEGA, SR. (CONT'D FROM 11/15/2021): Ms. Perry
stated Jesus Vega, Sr., has a court -ordered daily penalty of $50.00 per day, beginning on February 11,
2021, and violations include an unpermitted commercial trucking and storage business and the presence
of derelict vehicles. She stated the Board previously granted a 90 -day continuance to allow the site to
become compliant, the property owner has failed to so do and is now 258 days delinquent, which results
in a total of $12,900.00 to be certified as a special assessment. Ms. Dutrow stated she inspected the
property on February 10, 2022, and while there has been improvement, there are still commercial
vehicles. Yaricxa Vega, Daughter of Jesus Vega Sr., stated that over the past weekend everything that
was seen in Ms. Dutrow's pictures has been cleared out and the property is now ready for inspection.
Commissioner Buck moved to continue said certification of zoning violation penalties as special
assessment to February 23, 2022, at 9:00 a.m. Commissioner Saine seconded the motion, and it carried
unanimously.
JEll 4)CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION
PENALTIES AS SPECIAL ASSESSMENT - BRUCE BROTEMARKLE (CONT'D FROM 11/15/2021):
Ms. Perry stated Bruce Brotemarkle has a court -ordered daily penalty of $50.00 per day, beginning on
December 10, 2020, and violations include a non-commercial junkyard and persons living in
campers/recreational vehicles (RVs). She stated the Board previously granted a 90 -day continuance to
allow the site to become compliant, the property owner has failed to so do and is now 258 days
delinquent, which results in a total of $12,900.00 to be certified as a special assessment. Bethany
Pascoe, Zoning Compliance Officer,stated she inspected the property on February 9, 2022, displayed
aerial images and site inspection photos of the current state of the property, and confirmed nothing has
changed since the last certification on this property. The property owner was not present or represented.
Commissioner Saine moved to approve said certification of zoning violation penalties as a special
assessment. Commissioner Buck seconded the motion, and it carried unanimously.
Minutes, Monday, February 14, 2022 2022-0526
Page 4 BC0016
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Clerk to the Board. There being no further business, this meeting was adjourned at 9:53 a.m.
These Minutes were approved on the 28th day of February, 2022.
BOARD OF COUNTY COMMISSIONERS
YWELCOUNTY, ORADO
ATTEST:j�;�. James, Chair
V 1 /clyd ,r,+, i`InrL fn +k D -A
Minutes, Monday, February 14, 2022 2022-0526
Page 5 BC0016
Address by Dan O'Connor to Weld County Commissioners on 02-14-2022 Concerning Action
Taken Against Weld County Clerk Carly Koppes
Weld County Commissioners:
I'm Dan O'Connor, a team member supporting the action taken on Wednesday, February 9, 2022, that I
will describe directly.
We are here to notify you that our constitutional rights as Certified Poll Watchers were violated by
unconstitutional policies enacted by Weld County Clerk Carly Koppes and enforced by her staff Adam
Gonzales, Rudy Santos, and multiple Poll Watcher Contacts at multiple VSPC locations during the
2021 election.
(1) We have served Weld County Clerk Carly Koppes with a, "Constitutional Notice, Complaint, and
Demand," specifying the specific actions taken in violating our rights under God, and
Constitutional Amendments and Articles. We have identified the specific Statutory Laws and Rules
that she violated in her treatment of us as Certified Poll Watchers that resulted in violation of our
rights. We have provided her with a hard copy of all Amendments, Articles, U.S. Statutes, and
Colorado Statues that apply to this action, which were many.
Finally, we as her constituents, have made nine (9) demands, which if followed, will remedy our
complaint. We have given Weld County Clerk Carly Koppes twenty (20) days to acknowledge both
receipt of and understanding of this action. If she does not respond within the required time, she
will be in violation of U.S. vs. Tweel. Her non -response would be not only acquiescence to our
facts and law, but also her non -response would be considered an act of fraud. If demands are not
met, we are prepared to take further action. The full remediation of our complaint, however, does
not excuse any or all involved from further accountability for the violations of rights and laws
which where committed.
(2) We have delivered this document to Colorado County Clerks Association Executive Director Matt
Crane and will deliver it Weld County Sheriff Steve Reams to notify them of this illegal action.
Thank you for your time and attention for this public constitutional notice.
In my remaining time, I will take any questions.
Daniel James O nnor Date
Ii
Witness
/3-_
Witness
Amy Miller, DeAnn Jacobs, Shelley Rowe, Pam Stoll, Rick Nevin,
and Linette Ballew
Constitutional Notice. Complaint, and Demand. regarding: U.S. Const. art. I § 2:
U.S. Const. amen. VII: U.S. Const. amen. X: U.S. Const. art. VI cl. 3: Colo. Const. art.
VII §j: Colo. Const. art. Ii L5; Colo. Const. art. VII 1; Colo. Const. art. VII § 11.
Statement of True Facts
It is law that Notice to Agent is Notice to Principal; Notice to Principal is Notice to Agent.
To: Weld County Clerk Carly Koppes
1250 H St
Greeley, Colo. 80631
Ms. Carly Koppes:
During the 2021 election from 10/25/21 to 11/2/21 in Weld County, Clerk Carly Koppes violated
multiple fundamental constitutional rights of multiple Colorado citizens, all in violation of
her oath of office and in violation of law. In the process of these violations, they violated
multiple Colorado Revised Statutes, Code of Colorado Regulations, and Weld County Home
Rule Charter Rules. In this document we will: (1) present "The Statement of True Facts," of
these violations, (2) provide a written copy of the exact rights, statutes, and rules violated,
and (3) serve notice of our, "Constitutional Complaints and Demands," for relief from these
unlawful actions committed by Clerk Carly Koppes.
Prior to the 2021 election, the Republican Party (GOP) Election Integrity Program (EIP)
organized and rolled out a training program for Poll Watchers. Poll Watches: (1) Amy Miller,
(2) DeAnn Jacobs, (3) Shelley Rowe, (4) Pam Stoll, (5) Rick Nevin, and (6) Linette Ballew
received training certificates of completion from the Secretary of State (SOS), obtained
appointments from candidates, and received Certificates of Appointment under Colo. Rev.
Stat. 1-7-107 and 8 Colo. Code Reg. 1505-1 Rule 8.1 that were signed by SOS Janet Griswold and
Clerk Carly Koppes. This qualified each of these Poll watches with the credentials as
"Watchers" under Colo. Rev. Stat. § 1-7-108 and Colo. Code Reg. 1505-1 Rules 8.1, 8.4, and 8.5.
By statute and regulation, these "Watchers" are allowed access to the voting process by Colo.
Rev. Stat. § 1-5-503 and Colo. Code Reg. 1505-1 Rules 8.6, 8.8.3, 8.10, 8.11, 8.12, 8.13, 8.14 and
8.15.
Constitutional Notice, Complaint, and Demand, regarding: U.S. Const. art. I § 2:
U.S. Const. amen. VII: U.S. Const. amen. X: U.S. Const. art. VI cl. 3: Colo. Const. art.
VII § 1; Colo. Const. art. II § 5; Colo. Const. art. VII § 1: Colo. Const. art. VII § 11.
We will chronicle violations of both Colorado Revised Statutes and Colorado Code
Regulations perpetrated against these six Poll watchers. We are not limiting this notice to
violations of statutes or code rules, but more importantly, to violations of our rights granted
under both the U.S. Constitution and the Colo. Constitution identified at the top of each page
of this document. These violations are grouped by Polling Location, Date of offense, and
person violated.
Trinity Lutheran Church:
October 25. 2021:
Amy Miller:
Amy's chronicle of this incident begins with her being greeted by Jamie
Presgrove, the Poll Watcher Contact at this Weld County Voting Service and
Polling Center (VSPC). Amy signed the Certificate of Appointment in
Presgrove's presence and presented it to her as proof of her standing as a
"Watcher."
Amy chronicles:
"I was offered a seat in the `Watcher Seating Area' against a wall and
was expected to stay seated at all times. I asked Jamie if I could see the
Election Judges' screens, and she said, `No..: "At the Provisional table
there is not enough room to stand behind the Election Judges... I asked
Jamie who set the room up? She said the Weld County IT person (Adam
and/or Jason) set up the voting room and where all the tables, voting
booths, etc. would be placed... talking with Jamie (sic) I came to
realize that she didn't know my rights as a poll watcher and that poll
watchers were not prioritized. She said the priority was: the rights of
the election judges to do their job, the rights of the voters to vote and
then, if it worked, the poll watchers could request their rights. She
said she had the right to say no to my rights as a poll watcher... she
(Jamie) was told that, 'we couldn't see what the election judges were
doing even though her training said otherwise."
These constraints on Amy were in violation of Colo. Rev. Stat. § 1-5-503,
8 Colo. Code Reg. 1501-1 Rule 8.10.2(a)(2), 8 Colo. Code Reg. 1501-1 Rule
8.10.2(a) (8), 8 Colo. Code Reg. 1501-1 Rule 8.10.2(b), and the Colo. Const.,
art. II, § 5, providing for "free and open elections." While being pinned to
Page 2 of 21
Constitutional Notice, Complaint, and Demand, garding: U.S. Const. art. I § 2;
U.S. Const. amen. VII; U.S. Const. amen. X; U.S. Const. art. VI cl. 3; Colo. Const. art.
VII § 1 • Colo. Const. art. II § 5; Colo. Const. art. VII 1 • Colo. Const. art. VII § 11.
this location in the room, Amy, a certified watcher, was not granted access
to the election process such that she could "attest to the accuracy of
election -related activities." She could neither see the judge's computer
screens nor hear the conversation between voter and judge, in violation of
Amy's rights and of law. The statement to Amy by Jamie, the Poll Watcher
Contact, that, "... she had the right to say no to my rights as a poll watcher,"
exhibits either ignorance or fraud. Human rights are only granted by God
and enumerated in the Colorado Constitution. Jamie violated Amy's rights.
October 26, 2021:
Shelley Rowe:
Shelley's chronicle of this incident states:
"According to 8 Colo. Code Reg. 1501-1 Rule 8.10.2(b), Poll
Watchers in Colorado are allowed to witness and verify means to
personally observe actions of election officials in each step of
the conduct of an election, but when we (another Poll Watcher
was with Shelley) Poll Watchers were not allowed to stand
behind the Judges and watch because we, the Poll Watchers, may
not see the personal information of voters that the Judges can
see. I brought a printed copy of Rules 8 and 8:10(b) and read it to
Jamie. She made a phone call to Carly, the Weld County Clerk &
Recorder, and Carly told her that she would come out to the
VSPC location to talk with us. So I waited for Carly to arrive and
talked life with Jamie while we were waiting. While we talked, I
sat in the designated Poll watcher chairs where Jamie told us we
could sit to observe the entire room as Poll Watchers. The judges
table was approximately 25 feet to the right, as we were sitting
down... (on the) designated Poll Watchers chairs. The check in
table, to our left, was a little further away, approximately 30 feet
away, and the polling stations for both paper and electronic
voting were straight ahead of us approximately 20 feet. Jamie did
say we could walk around the room, staying at least 6 feet from
any voter that was using the voting stations. But we were not
allowed to stand behind the Judges. Carly arrived at
approximately 1:45 pm (45 minutes after our arrival) and
verbally told us, 'Poll Watchers are not allowed to stand behind
Page 3 of 21
Constitutional Notice, Complaint, and Demand, regarding: U.S. Const. art. I . 2
U.S. Const. amen. VII; U.S. Const. amen. X; U.S. Const. art. VI cl. 3; Colo. Const. art.
VII § 1; Colo. Const. art. II § 5; Colo. Const. art. VII § 1s Colo, Const. art. VII § 11.
the Judges and watch what they do.' I then read her 8 Colo. Code
Reg. 1501-1 Rule 8.10.2(b), and said I was confused because I
thought this was a State of Colorado Rule. Carly said it was the
State Rule, but the County Clerk's are allowed to set their own rules,
and Weld County has a written plan that spells out the fact that
Poll Watchers cannot stand behind the Judges and Watch. She
referred us to look at the Weld County Clerk and Recorders
website to find that plan... When I got home, I searched the Weld
County Clerk & Recorder website for about 30 minutes, but was
unable to find the Weld County Poll Watcher Plan, so I emailed
Carly and told her I could not find it on the website and asked
that she email it to me."
Clerk Carly Koppes emailed this plan to Shelley.
These constraints on Shelley were in violation of Colo. Rev. Stat. § 1-5-
503, 8 Colo. Code Reg. 1501-1 Rule 8.10.2(a)(2), 8 Colo. Code Reg.
1501-1 Rule 8.10.2(a)(8), 8 Colo. Code Reg. 1501-1 Rule 8.10.2(b), and
the Colo. Const., art. II, § 5, providing for "free and open elections."
While being pinned to this location in the room, Shelley, a certified
watcher, was not granted access to the election process such that she
could "attest to the accuracy of election -related activities." She could
neither see the judge's computer screens nor hear the conversation
between voter and judge, in violation of Shelley's rights and of law.
October 30, 2021:
DeAnn Jacobs:
DeAnn's chronicle of this incident states:
"She (Jamie) showed me all around, explained the functions. I
could not get behind the computer table (Judge's table) as it was
basically up against the wall. I asked her why I could not go
behind and she said that the set up of the room was laid out by
the SOS, and I should look a the diagram for Weld County."
These constraints on DeAnn were in violation of Colo. Rev. Stat. § 1-5-503, 8
Colo. Code Reg. 1501-1 Rule 8.10.2(a)(2), 8 Colo. Code Reg. 1501-1 Rule
8.10.2(a)(8), 8 Colo. Code Reg. 1501-1 Rule 8.10.2(b), and the Colo. Const.,
Page 4 of 21
Constitutional Notice. Complaint, and Demand, regarding: U.S. Const. art. I § 2:
U.S. Const. amen. VII; U.S. Const. amen. X; U.S. Const. art. VI cl. 3; Colo. Const. art.
VII §j; Colo. Const. art. II. 5: Colo. Const. art. VII 14 1• Colo. Const. art. VII § 11.
art. II, § 5, providing for "free and open elections. She could neither see the
judge's computer screens nor hear the conversation between voter and
judge, in violation of DeAnn's rights and of law.
UNC:
November 1, 2021:
Pam Stoll:
Pam chronicles:
"When I attempted to stand behind the judge(s) at the Computer
Table, Dan made it very clear that I was not allowed to be there
and basically `herded' me back to the chairs. My time
assignment was about done so I left the building and called Lois
to report the issue:"
These constraints on Pam were in violation of Colo. Rev. Stat. § 1-5-503, 8
Colo. Code Reg. 1501-1 Rule 8.10.2(a)(2), 8 Colo. Code Reg. 1501-1 Rule
8.10.2(a)(8), 8 Colo. Code Reg. 1501-1 Rule 8.10.2(b), and the Colo. Const.,
art. II, § 5, providing for "free and open elections." She could neither see
the judge's computer screens nor hear the conversation between voter and
judge, in violation of Pam's rights and of law.
DeAnn Jacobs:
DeAnn's chronicle of this incident states:
"... I went behind the table to see the computer screens. Dan got
very agitated that I was there, told me I was not allowed to be
behind the judges. I told him, yes I am allowed and handed him
the Rule 8 paperwork. He said, no, you are not allowed to see
people's personally identifiable information. I said yes, I am
allowed, and I can write down their names, addresses, and voter
ID. Only if they are a Confidential Voter, then I cannot write that
down, but I am allowed to see. We went back and forth, him
trying to maneuver me away, me trying to see. He said I could
write her name down from the log book, so I did.... I asked Dan
to call and verify the meaning of Rule 8, he called Adam, Deputy
Clerk, and he said no, as a watcher we cannot be behind the
computer tables."
Page 5 of 21
Constitutional Notice, Complaint, and Demand, regarding: U.S. Const. art. I § 2•
U.S. Const. amen. VII: U.S. Const. amen. X; U.S. Const. art. VI c1.3: Colo. Const. art.
VII § 1; Colo. Const. art. II § 5: Colo. Const. art. VII § 1: Colo. Const. art. VII § 11.
The constraints laid on DeAnn were in violation of Colo. Rev. Stat. § 1-5-503,
8 Colo. Code Reg. 1501-1 Rule 8.10.2(a)(2), 8 Colo. Code Reg. 1501-1 Rule
8.10.2(a)(8), 8 Colo. Code Reg. 1501-1 Rule 8.10.2(b), and the Colo. Const.,
art. II, § 5, providing for "free and open elections. She could neither see the
judge's computer screens nor hear the conversation between voter and
judge, in violation of DeAnn's rights and of law.
Del Camino:
November 2, 2021:
Linette Ballew:
Linette chronicles:
"After our discussion about being allowed behind the (judge's)
tables, I approached the head judge regarding the info. I showed
her the printed rules I had with me and explained that an
updated email had recently been sent out. I explained that per
her rules to not use my phone I missed calls regarding this, but
now wanted to check my phone and show her the email. One of
those behind the computer said, 'I was told if she's back here to
close my computer. She can't see.' Head judge had me wait while
she made a call to verify my information. Upon her return I
showed her the updated email from WCCR. She stated that
earlier in the day they were instructed to not allow PWs back in
that area, but that apparently that rule had changed and agreed
that I could indeed be anywhere as long as I stayed 6 feet away
from the voters:"
Linette's account documents that at the end of the 2021 election cycle,
that Weld County Clerk Carly Koppes changed the rules to allow Poll
Watchers to exercise their constitutional rights.
Page 6 of 21
Constitutional Notice. Complaint, and Demandregarding: U.S. Const. art. I § 2;
U.S. Const. amen. VII; U.S. Const. amen. X; U.S. Const. art. VI cl. 3; Colo. Const. art.
VII § 1: Colo. Const. art. II § 5; Colo. Const. art. VII § 1: Colo. Const. art. VII§ 11.
Ft. Luton:
November 2, 2021:
Rick Nevin:
Rick chronicles:
"On election day (sic) I checked in at... the Ft. Lupton polling place
and checked in with Nanette at 9:30a. The voting room was very
narrow and very small. The "observation" position was at the
entrance in the corner. I was not allowed behind the judges to watch
the progress of the voter check -in. That position was too far from the
judges to hear interactions between voters and judges:"
These constraints on Rick were in violation of Colo. Rev. Stat. § 1-5-503, 8
Colo. Code Reg. 1501-1 Rule 8.10.2(a)(2), 8 Colo. Code Reg. 1501-1 Rule
8.10.2(a)(8), 8 Colo. Code Reg. 1501-1 Rule 8.10.2(b), and the Colo. Const.,
art. II, § 5, providing for "free and open elections." Rick, a certified watcher,
was not granted access to the election process such that he could "attest to
the accuracy of election -related activities" while being pinned to this
location in the room. Be could neither see the judge's computer screens
nor hear the conversation between voter and judge, in violation both of
Rick's rights and of law. This location chosen by Weld County Clerk Carly
Koppes was inadequate for a polling location.
SW Weld County Voting Center:
November 2. 2021:
Rick Nevin:
Rick chronicles:
"On election day I checked in at the SW Weld Center at 6:45a with
Rhonda the Judge supervisor. She told me that my "observation"
position was across the room approximately 25 feet from the
computer judge table. I showed that I was to be allowed behind the
judges and to view the computer screens used for check -in. She
disagreed and we called Adam Gonzalez for clarification. He said that
Weld County "policy" was not to allow poll watchers to observe voter
information on the screens. The "observation" position was too far
from the computer judge table to hear the voter/judge interactions."
Page 7 of 21
Constitutional Notice, Complaint, and Demand, regarding: U.S. Const. art. I § 2;
U.S. Const. amen. VII; U.S. Const. amen. X; U.S. Const. art. VI cl. 3; Colo. Const. art.
VII § 1: Colo. Const. art. II § 5: Colo. Const. art. VII § 1: Colo. Const. art. VII § 11.
These constraints on Rick were in violation of Colo. Rev. Stat. § 1-5-503, 8
Colo. Code Reg. 1501-1 Rule 8.10.2(a)(2), 8 Colo. Code Reg. 1501-1 Rule
8.10.2(a)(8), 8 Colo. Code Reg. 1501-1 Rule 8.10.2(b), and the Colo. Const.,
art. II, § 5, providing for "free and open elections." Rick, a certified watcher,
was not granted access to the election process such that he could "attest to
the accuracy of election -related activities" while being pinned to this
location in the room. He could neither see the judge's computer screens
nor hear the conversation between voter and judge, in violation both of
Rick's rights and of law.
Law:
U.S. Const. art. I § 2
The House of Representatives shall be composed of Members chosen every second Year by
the People of the several States, and the Electors in each State shall have the Qualifications
requisite for Electors of the most numerous Branch of the State Legislature.
U.S. Const. art. VI cl. 3:
The Senators and Representatives before mentioned, and the Members of the several State
Legislatures, and all executive and judicial Officers, both of the United States and of the
several States, shall be bound by Oath or Affirmation, to support this Constitution; but no
religious Test shall ever be required as a Qualification to any Office or public Trust under the
United States.
U.S. Const. amen. VII:
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right
of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined
in any Court of the United States, than according to the rules of the common law.
U.S. Const. amen. X:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the
States, are reserved to the States respectively, or to the people.
Colo. Const. art. II § 5:
Freedom of elections. All elections shall be free and open; and no power, civil or military,
shall at any time interfere to prevent the free exercise of the right of suffrage.
Page 8 of 21
Constitutional Notice, Complaint and Demand, regarding: U.S. Const. art. I § 2:
U.S. Const. amen. VII; U.S. Const. amen. X; U.S. Const. art. VI cl. 3; Colo. Const. art.
VII § 1; Colo. Const. art. II § 5; Cob. Const. art. VII § 1; Colo. Const. art. VII § 11.
Colo. Const. art. VII § 1:
Qualifications of Elector. Only a citizen of the United States who has attained the age of
eighteen years, has resided in this state for such time as may be prescribed by law, and has
been duly registered as a voter if required by law shall be qualified to vote at all elections.
Colo. Const. art. VII § 11:
Purity of Elections. The general assembly shall pass laws to secure the purity of elections,
and guard against abuses of the elective franchise.
Colo. Const. art. XIII § 3:
Officers Not Subject to Impeachment Subject to Removal. All officers not liable to
impeachment shall be subject to removal for misconduct or malfeasance in office in such
manner as may be provided by law.
Colo. Rev. Stat. § 1-1-104(50.7):
Definitions. "Voting equipment" means electronic or electromechanical voting systems,
electronic voting devices, and electronic vote -tabulating equipment, as well as materials,
parts, or other equipment necessary for the operation and maintenance of such systems,
devices, and equipment.
Colo. Rev. Stat. § 1-1-104(50.8):
Definitions. "Voting system" means a process of casting, recording, and tabulating votes using
electromechanical or electronic devices or ballot cards and includes, but is not limited to, the
procedures for casting and processing votes and the operating manuals, hardware, firmware,
printouts, and software necessary to operate the voting system.
Colo. Rev. Stat. § 1-1-104(50.9):
Definitions. "Voting system provider" means an individual engaged in private enterprise or a
business entity engaged in selling, leasing, marketing, designing, building, or modifying
voting systems to the state, a political subdivision of the state, or another entity authorized to
hold an election under this code.
Colo. Rev. Stat. § 1-1-104(51):
Definitions. "Watcher" means an eligible elector other than a candidate on the ballot who has
been selected by a political party chairperson on behalf of the political party, by a party
Page 9 of 21
Constitutional Notice Complaint, and Demand, re ardin : U.S. Const. art. I § 2
U.S. Const. amen. VII; U.S. Const. amen. X; U.S. Const. art. VI cl. 3; Colo. Const. art.
VII § 1• Colo. Const. art. II § 5• Colo. Const. art. VII § 1• Colo. Const. art. VII § 11.
candidate at a primary election, by an unaffiliated candidate at a general, congressional
vacancy, or nonpartisan election, or by a person designated by either the opponents or the
proponents in the case of a ballot issue or ballot question. If selected by a political party
chairperson or a party candidate, the watcher must be affiliated with that political party or
unaffiliated as shown in the statewide voter registration system. If selected by an unaffiliated
candidate, the watcher must be unaffiliated as shown in the statewide voter registration
system.
Colo. Rev. Stat. § 1-5-503:
Arrangement of voting equipment or voting booths and ballot boxes. The voting equipment
or voting booths and the ballot box shall be situated in the polling location so as to be in plain
view of the election officials and watchers. No person other than the election officials and
those admitted for the purpose of voting are permitted within the immediate voting area,
which is considered as within six feet of the voting equipment or voting booths and the ballot
box, except by authority of the election judges or the designated election official, and then
only when necessary to keep order and enforce the law.
Colo. Rev. Stat. § 1-7-105:
Watchers at primary elections. (1) Each political party participating in a primary election
shall be entitled to have a watcher in each precinct in the county. The state chair or the
chairperson of the county central committee of each political party shall certify the persons
selected as watchers on forms provided by the county clerk and recorder and submit the
names of the persons selected as watchers to the county clerk and recorder. To the extent
possible, the state chair or chairperson shall submit the names by the close of business on
the Friday immediately preceding the election. (2) In addition, candidates for nomination on
the ballot of any political party in a primary election shall be entitled to appoint some person
to act on their behalf in every precinct in which they are a candidate. Each candidate shall
certify the persons appointed as watchers on forms provided by the county clerk and
recorder and submit the names of the persons selected as watchers to the county clerk and
recorder. To the extent possible, the candidate shall submit the names by the close of
business on the Friday immediately preceding the election.
Colo. Rev. Stat. § 1-7-106:
Watchers at general and congressional vacancy elections. Each participating political party
or issue committee whose candidate or issue is on the ballot, and each unaffiliated and write-
in candidate whose name is on the ballot for a general or congressional vacancy election, is
Page 10 of 21
Constitutional Notice, Complaint, and Demand, regarding: U.S. Const. art. I § 2;
U.S. Const. amen. VII; U.S. Const. amen. X; U.S. Const. art. VI cI.3• Colo. Const. art.
VII § 1; Colo. Const. art. II 5• Cob.oConst. art. VILE 1; Colo. Const. art. VII § 11.
entitled to have no more than one watcher at any one time in each voter service and polling
center in the county and at each place where votes are counted in accordance with this
article. The chairperson of the county central committee of each major political party, the
county chairperson or other authorized official of each minor political party, the issue
committee, or the write-in or unaffiliated candidate shall certify the names of one or more
persons selected as watchers on forms provided by the county clerk and recorder and submit
the names of the persons selected as watchers to the county clerk and recorder. To the extent
possible, the chairperson, authorized official, issue committee, or candidate shall submit the
names by the close of business on the Friday immediately preceding the election. The
watchers shall surrender the certificates to the election judges at the time they enter the
voter service and polling center and are sworn by the judges. This section does not prevent
party candidates or county party officers from visiting voter service and polling centers or
drop-off locations to observe the progress of voting.
Colo. Rev. Stat. § 1-7-107:
Watchers at nonpartisan elections. Candidates for office in nonpartisan elections, and
proponents and opponents of a ballot issue, are each entitled to appoint one person to act as
a watcher in every polling place in which they are a candidate or in which the issue is on the
ballot. The candidates or proponents and opponents shall certify the names of persons so
appointed to the designated election official on forms provided by the official and submit the
names of the persons selected as watchers to the county clerk and recorder. To the extent
possible, the candidate, proponent, or opponent shall submit the names by the close of
business on the Friday immediately preceding the election.
Colo. Rev. Stat. § 24-12-101:
Form of oath or affirmation for public office - requirements for oath or affirmation.
(1) When a person is required to take an oath or affirmation before the person enters upon
the discharge of a public office or position, the form of the oath or affirmation is as follows:
I [name], do [select swear, affirm, or swear by the everliving God] that I will support the
constitution of the United States, the constitution of the state of Colorado, and the laws of the
state of Colorado, and will faithfully perform the duties of the office of [name of office or
position] upon which I am about to enter to the best of my ability.
If choosing to swear an oath, the person swearing shall do so with an uplifted hand.
(2) The oath or affirmation must be:
(a) In writing and signed by the person taking the oath or affirmation;
(b) Administered as provided in section 24-12-103; and
Page 11 of 21
Constitutional Notice, Complaint, and Demand, regarding: U.S. Const. art. I § 2:
U.S. Const. amen. VII; U.S. Const. amen. X,; U S. Const. art. VI cl. 3; Colo. Const. art.
VII § 1; Colo. Const. art. II § 5; Colo. Const. art. VII § 1: Colo. Const. art. VII § 11.
(c) Taken, signed, administered, and filed as specified in subsection (3) of this section
before the person enters upon the public office or position.
(3) Officers of the executive department, judges of the supreme and subsidiary courts, and
district attorneys shall file their oaths or affirmations of office with the secretary of state.
Every other person required by law to file an oath or affirmation of office shall file with the
county clerk of the county wherein the person was elected or appointed.
Colo. Rev. Stat. § 24-12-105.
Appointees of officers of home rule cities and city and counties. In all home rule cities and
city and counties, the charters of which provide that officers, boards, or commissions named
therein shall perform the acts and duties required of county officers by the state constitution
or by general law, any deputy, employee, or appointee of such officer, board, or commission
may administer any oath or affirmation which, by the state constitution or general law, might
be administered by the county officer whose duties are performed by such officer, board, or
commission making such appointment or employing such deputy, so long as such deputy,
employee, or appointee is employed in such capacity.
Colo. Rev. Stat. § 24-12-106:
False swearing or affirming, perjury. All oaths and affirmations, affidavits, and depositions
administered or taken shall subject any person who swears or affirms falsely and willfully, in
the matter material to any issue or point in question, to the penalties inflicted by law on
persons guilty of perjury in the first degree.
8 Colo. Code Reg. 1501-1 Rule 8.1:
A watcher must affirm that he or she is qualified to act as a watcher under Colorado law. The
county clerk must accept the appointment of all eligible watchers duly certified by a political
party, candidate, or issue committee under sections 1-1-104(51), 1-7-105, 1-7-106, or 1-7-107,
C.R.S.
8.1.1 The registered agent or designated filing agent for an issue committee is the
authorized representative to appoint watchers for the issue committee.
8.1.2 The county clerk must confirm a watcher's eligibility before allowing the watcher to
perform his or her duties. If the county clerk is unable to confirm the watcher's eligibility,
the clerk must promptly inform the appointing entity.
8.1.3 A watcher may provide a copy of his or her current registration record from the
Secretary of State's website with the Certificate of Appointment to satisfy the eligibility -
confirmation requirement.
Page 12 of 21
Constitutional Notice, Complaint, and Demand,re ardin : U.S. Const. art. I § 2•
U.S. Const. amen. VII; U.S. Const. amen. X; U.S. Const. art. VI cl. 3; Colo. Const. art.
VII & 1; Colo. Const. art. II § 5; Colo. Const. art. VII § 1; Colo. Const. art. VII § 11.
8.1.4 A watcher for an issue committee may provide a TRACER print-out of the issue
committee registration with the Certificate of Appointment to show that the person
appointing the watcher is permitted to appoint under Rule 8.1.1.
8.1.5 A watcher must complete a training provided by or approved by the Secretary of
State before observing election activities where confidential or personally identifiable
information may be within view. To verify completion of the training, a watcher must
provide his or her training certificate of completion with the Certificate of Appointment.
A training certificate of completion is valid until December 31 of that calendar year. An
approved training may be used for one calendar year from the date approved.
S Colo. Code Reg. 1501-1 Rule 8.4:
A watcher may be certified to observe more than one location in which the county is
conducting election activities. A watcher must present a Certificate of Appointment at each
location where the watcher is designated to observe, unless the county clerk has established
an alternate process.
8.4.1 If a watcher leaves a location but returns to the same location, another certificate of
appointment is not necessary.
8.4.2 A new watcher who is replacing an original watcher must provide his or her
certificate of appointment for that polling location.
8.4.3 A certificate of appointment as a watcher is not transferable to another individual.
8 Colo. Code Reg. 1501-1 Rule 8.5:
A watcher must take the oath described in section 1-7-108(1), C.R.S.
8 Colo. Code Reg. 1501-1 Rule 8.6:
Removal of Watchers.
8.6.1 A county clerk or his or her designee may remove a watcher upon finding that the
watcher:
(a) Committed or encouraged fraud in connection with his or her duties;
(b) Violated any of the limitations outlined in Rule 8.14;
(c) Violated his or her oath; or
(d) Was abusive or threatening toward election officials or voters.
8.6.2 Upon removal of a watcher, the county clerk must inform the political party,
candidate, or committee who appointed the watcher.
8.6.3 A removed watcher may be replaced by an alternate watcher duly certified in
accordance with sections 1-7-105, 1-7-106, or 1-7-107, C.R.S.
Page 13 of 21
Constitutional Notice. Complaint, and Demand. regarding U.S. Const. art. I § 2;
U.S. Const. amen. VII; U.S. Const. amen. X; U.S. Const. art. VI cl. 3; Colo. Const. art.
VII § 1; Colo. Const. art. II § 5: Colo. Const. art. VII _§ 1; Colo. Const. art. VII § 11.
8 Colo. Code Reg. 1501-1 Rule 8.7:
The county clerk must submit a watcher accommodation plan to the Secretary of State by
email using the approved form no later than 90 days before an election.
8.7.1 Watchers may be present at each stage of the conduct of the election, including
when electors are voting or when election judges are present and performing election
activities.
8.7.2 The county clerk must provide, and identify in some manner, at least one primary
contact for watchers at each location where election activities are performed when
watchers are present.
8.7.3 At voter service and polling centers, the designated election official must position
the voting equipment, voting booths, and the ballot box so that they are in plain view of
the election officials and watchers.
8.7.4 Watchers must remain outside the immediate voting area while an elector is voting.
The six-foot limit in Rule 1.1.30 applies only to voting.
8 Colo. Code Reg. 1501-1 Rule 8.8:
The minimum number of watchers the county clerk must accommodate for each appointing
entity is as follows:
8.8.1 In a central count facility, one watcher per central count process, but in any case not
less than one watcher for every ten election judges.
8.8.2 During signature verification, one watcher for every four election judges.
8.8.3 At each Voter Service and Polling Center, one watcher, or one watcher per Voter
Service and Polling Center process.
8.8.4 The number of watchers permitted in any room at one time is subject to space
limitations and local safety codes.
8 Colo. Code Reg. 1501-1 Rule 8.10:
Watchers are subject to the provisions of section 1-5-503, C.R.S.
8.10.1 A watcher may witness and verify activities described in Title 1, C.R.S. If election
officials are conducting election activities in separate rooms or areas of a building or
buildings, the county clerk must allow additional watchers to observe and verify each
separate activity in each room or area in the building or buildings.
8.10.2 Watchers must be permitted access that would allow them to attest to the accuracy
of election -related activities. This includes personal visual access at a reasonable
Page 14 of 21
Constitutional Notice, Complaint, and Demand regarding: U.S. Const. art. I §2
U.S. Const. amen. VII; U.S. Const. amen. X; U.S. Const. art. VI cl. 3: Colo. Const. art.
VII § 1; Colo. Const. art. II § 5; Colo. Const. art. VII § 1; Colo. Const. art. VII § 11.
proximity to read documents, writings or electronic screens and reasonable proximity to
hear election -related discussions between election judges and electors.
(a) Election activities include:
(1) Setup and breakdown of Voter Service and Polling Centers.
(2) Voter check -in and registration activities.
(3) Ballot receipt and processing.
(4) Signature verification of mail ballot envelopes.
(5) Ballot duplication.
(6) Ballot tabulation.
(7) The logic and accuracy test and post -election audit.
(8) Provisional ballot processing.
(9) UOCAVA ballot processing.
(10) Canvass.
(11) Recount.
(b) Witness and verify means to personally observe actions of election officials in each
step of the conduct of an election.
8 Colo. Code Reg. 1501-1 Rule 8.12:
8.12 A watcher may track the names of electors who have cast ballots, challenge electors
under section 1-9-203, C.R.S., and Rule 9, and submit written complaints in accordance with
section 1-1.5-105, C.R.S., and Rule 13.
8 Colo. Code Reg. 1501-1 Rule 8.13:
8.13 In addition to the oath required by section 1-7-108(1), C.R.S., a watcher must affirm that
he or she will not:
8.13.1 Attempt to determine how any elector voted;
8.13.2 Disclose or record any confidential voter information that he or she may observe;
or
8.13.3 Disclose any results before the polls are closed.
8 Colo. Code Reg. 1501-1 Rule 8.14:
A county clerk must revoke the certificate of a watcher who:
8.14.1 Personally interrupts or disrupts the processing, verification, and counting of any
ballots or any other stage of the election, including lodging repeated challenges of voters
or mail ballots on bases that are not authorized by statute or these Rules after being
advised that such bases are not authorized.
Page 15 of 21
Constitutional Notice, Complaint, and Demand, regarding: U.S. Const. art. I § 2:
U.S. Const. amen. VII; U.S. Const. amen. X; U.S. Const. art. VI ci. 3; Colo. Const. art.
VII § 1: Colo. Const. art. II § 5: Cob. Const. art. VII § 1: Colo. Const. art. VII § 11.
8.14.2 Writes down any ballot numbers or any other personally identifying information
about the electors.
8.14.3 Touches or handles the official signature cards, ballots, mail ballot envelopes,
provisional ballot envelopes, voting or counting machines, or machine components.
8.14.4 Interferes with the orderly conduct of any election process, including issuance of
ballots, receiving of ballots, and voting or counting of ballots.
8.14.5 Communicates with election judges about that judge's duties while that election
judge is currently on duty, unless the judge is the designated watcher contact.
8.14.6 Uses a mobile phone or other electronic device to make or receive an audio or
video communication in any polling location or other place election activities are
conducted.
8.14.7 Uses any electronic device to take or record pictures, video, or audio in any polling
location or other place election activities are conducted.
8.14.8 Has in their open and visible possession any mobile phone or other electronic
device while watching election activities where voters' confidential or personally
identifiable information is within view.
8.14.9 Attempts to determine how any elector voted.
8.14.10 Discloses or records any confidential voter information as defined in section 24-
72-204(8), C.R.S., that he or she may observe.
8.14.11 Discloses any results before the polls have closed.
8.14.12 Attempts to intimidate or interfere with an election judge or other election
officials during the discharge of that judge or official's duties.
8 Colo. Code Reg. 1501-1 Rule 8.15:
8.15 If a watcher disputes a decision made by an election judge or alleges a discrepancy, the
watcher must alert the designated watcher contact.
Home Rule Charter for the County of Weld, Colorado § 6-1:
Elected Officers. The Elected Officers of the County of Weld, Colorado, shall be five County
Commissioners; five County Councilmen; one County Clerk, one County Sheriff; one County
Coroner; one County Treasurer; and one County Assessor. The salary or compensation, term
of office and qualifications of such officers shall be as provided in this Charter.
Notwithstanding the foregoing or any other provision of this Charter to the contrary, effective
January 1, 2003, the Coroner shall be appointed and the office operated in accordance with
the terms of Article IV §4.1(4) of this Charter. Such appointment shall be subject to the rules
established in the personnel system described in Article IV §4-2B(2) of this Charter.
Page 16 of 21
Constitutional Notice, Complaint, and Demand, regarding: U.S. Const. art. I § 2:
U.S. Const. amen. VII; U.S. Const. amen. X; U.S. Const. art. VI cl. 3: Colo. Const. art.
VII § 1; Colo. Const. art. II § 5: Colo. Const. art. VIII 1; Colo. Const. art. VII § 11.
Notwithstanding the foregoing or any other provision of this Charter to the contrary, effective
January 1, 2003, the Treasurer shall be appointed and the office operated in accordance with
the terms of Article IV §4.1(4) of this Charter. Such appointment shall be subject to the rules
established in the personnel system described in Article IV §4-2B(2) of this Charter.
Home Rule Charter for the County of Weld, Colorado § 6-2:
Oath of Office. Before entering upon the duties of his office, every officer designated by this
Charter shall take, subscribe, and file with the County Clerk, an oath or affirmation that he
will support the Constitution of the United States, the Constitution of the State of Colorado,
this Charter and the ordinances of the County of Weld, Colorado, and will faithfully perform
the duties of this office.
Complaint:
Throughout the 2021 election cycle, Weld County Clerk Carly Koppes violated Colorado
Revised Statutes, Colorado Code Regulations, the U.S. Constitution, and the Colo.
Constitution by barring Poll Watchers access to the election process. She asserted that 8 Colo.
Code Reg. 1501-1 Rule 8.7, being the instruction for providing an Accommodation Plan for
Poll Watchers, "allows" the County Clerk to set their own rules with no consideration of
violating other state statutes, code regulations, the U.S. Constitution, and Colo. Constitution,
namely: Colo. Rev. Stat. § 1-7-105, 8 Colo. Code Reg. 1501-1 Rules 8.10.2, 8.10.2(a)(2), 8.10.2(a)
(8), and the Colo. Const., art. II, § 5. The Statute, 8 Colo. Code Reg. 1501-1 Rule 8.10.2, states:
"Watchers must be permitted access that would allow them to attest to the accuracy of
election -related activities. This includes personal visual access at a reasonable proximity to read
documents, writings or electronic screens and reasonable proximity to hear election -related
discussions between election judges and electors. "(emphasis ours) We assert that
"accommodation" of this statute implies that Weld County Clerk Carly Koppes must permit
and enable Poll Watchers access to the whole of the VSPC location consistent with all
Colorado Code Regulations and Colorado Revised Statutes, being consistent with the Colo.
Constitution and the U.S. Constitution. Clerk Carly Koppes violated rights of (1) Amy Miller,
(2) DeAnn Jacobs, (3) Shelley Rowe, (4) Pam Stoll, (5) Rick Nevin, and (6) Linette Ballew in
violation of law by three fundamental actions:
(1) Instructing those employed by her office and the Poll Watcher Contacts to violate
Colorado Revised Statutes, four Colorado Code Regulations, the U.S. Constitution, and the
Colo. Constitution, where the Poll Watchers were barred access to the election process. From
the "Poll Watchers Assigned Seating Location," the Poll Watchers "could neither hear nor see
Page 17 of 21
Constitutional Notice, Complaint, and Demand, regarding: U.S. Const. art. I § 2;
U.S. Const. amen. VII; U.S. Const. amen. X; U.S. Const. art. VI cl. 3; Colo. Const. art.
VII § 1; Colo. Const. art. II § 5• Colo. Const art. VII § 1; Colo. Const. art. VII § 11.
the conduct of the Judges under Colo. Rev. Stat. § 1-7-108(3) and could neither hear nor see to
challenge electors under section Colo. Rev. Stat. § 1-9-203, and Rule 9, and submit written
complaints in accordance with section 1-1.5-105, C.R.S., and Rule 13. This occurred in every
VSPC location going from more to less restrictive from October 25, 2021 until later in the day
of November 2, 2021.
(2) Utilized the Ft. Lupton facility as a VSPC venue which was so cramped that no location
was available for the Poll Watchers to have "personal visual access at a reasonable proximity
to read documents, writings or electronic screens and reasonable proximity to hear election -
related discussions between election judges and electors, " as stated in 8 Colo. Code Reg.
1501-1 Rule 8.10.2.
(3) Setup the Trinity Lutheran Church VSPC in such a manner as to provide no location for
the Poll Watchers behind the Judges.
Under the Home Rule Charter for the County of Weld, Colorado § 8-2(4), Weld County Clerk
Carly Koppes is subject to state law in the exercise of her office. Further, under Home Rule
Charter for the County of Weld, Colorado § 6.2 and Colo. Rev. Stat. § 24-12-101, Weld County
Clerk Carly Koppes has taken an oath of office. This oath of office states that she supports the
Constitution of the United States, the Constitution of the State of Colorado, the Home Rule
Charter for the County of Weld, Colorado, and the laws of the state of Colorado. Finally,
under Colo. Rev. Stat. § 24-12-106, it states that violation of her oath subjects her to, "the
penalties inflicted by law on persons guilty of perjury in the first degree." We have
documented multiple violations of the rights of (1) Amy Miller, (2) DeAnn Jacobs, (3) Shelley
Rowe, (4) Pam Stoll, (5) Rick Nevin, and (6) Linette Ballew granted by the U.S. Constitution
and the Colo. Constitution. And multiple violations of the Colorado Revised Statutes and
Colorado Code Regulations were also committed by the policies she implemented at the Weld
County VSPC locations. This must give Ms. Carly Koppes pause. It is from here that:
Page 18 of 21
Constitutional Notice, Complaint, and Demand, regarding: U.S. Const. art. I § 2:
U.S. Const. amen. VII; U.S. Const. amen. X: U.S. Const. art. VI cI.3: Colo. Const. art.
VII § 1: Colo. Const. art. II § 5: Colo. Const. art. VII § 1: Colo. Const. art. VII § 11.
Demands:
We demand that Weld County Clerk Carly Koppes:
(1) Cease and desist in unlawfully violating the Poll Watchers rights in the fulfilling of their
constitutional rights and duties.
(2) Cease and desist in violation of U.S. Statutes, Colo. Statutes, and Colo. Code Regulations
for Poll Watchers.
(3) Submit to Secretary of State Janet Griswold an "Accommodation Plan" 90 days before the
2022 elections, in accordance with 8 Colo. Code Reg. 1501-1 Rule 8.7 which defines areas
within every VSPC location where Poll Watchers can carry out their rights in accordance with
the U.S. Constitution, the Colo. Constitution, U.S. Statutes, Colo. Statutes, and Colo. Code
Regulations.
(4) Post this "Accommodation Plan" clearly on the County Clerk and Recorder website once it
is approved by the Secretary of State.
(5) Select VSPC locations with adequate room to accommodate the whole of the election
process including Poll Watcher locations that allow access by Poll Watchers to all information
defined by U.S. Statutes, Colo. Statutes, Colo. Code Regulations, the U.S. Constitution, and the
Colo. Constitution.
(6) Provide training material for political parties, candidates, or issue committees who
appoint watchers under sections 1-1-104(51), 1-7-105, 1-7-106, or 1-7-107, C.R.S. for the
purpose of alerting appointers to 8 Colo. Code Reg. 1501-1 Rule 8.8. This you obfuscated in
your communication with those entities. This training material must not contain any
wording that is inconsistent with 8 Colo. Code Reg. 1501-1 Rule 8.8.
(7) Within 20 days provide us with a memorandum acknowledging receipt and understanding
of our demands, or be found in further violation of law.
(8) Exercise your moral duty to respond in writing, and if you do not respond within the
required time, you are in violation of U.S. vs. Tweel. Your non -response is not only
acquiescence to our facts and law, but also your non -response is considered an act of fraud.
(9) Meeting our demands does not excuse you from being held accountable for violations of
rights and laws that you have already committed.
Let us remind you that the Laws of Nature's God upon which America was
founded are immutable and require that all people follow those laws. The 97`h
Congress of the United States publicly declared Public Law 97-280, October 4,
1982 that the bible contains Law.
Page 19 of 21
�stitutionai Notice. Com and D mand re in US. Coast. art. T 2
Conat. amen.VII• U.S. Const. an. X- U.S VI ci.3• Cob. Coiist. art
VII LiColo, Const_art. II §5 Colo. Cont. art. VII 11: Colo, Coast, art. VII 1.11.
With the Creator as our Witness, Our Words are True and Correct,
Amy,]
c213/cw
Date
The Bible states, '?at the hand of two witnesses shall the matter be established."
—------
Withess<V1flLA
The Bibleates, "at the hand of two witnesses shall the matter be established:'
Witness____
Shelley Marie .Ro\ ..e Date
The Bible states, "at the hand two witnesses shall the matter be established:"
Witnes&\.k)- J'ij*..
Witness
Page 20 of 21
Conttitutonal Mfi"e Complaint, I errand rgg f ; 1JS. Cons rtJ12
Lueri,.VllLJJ.TU.Cgflt.arILVicL3•O1Q1..CW!t. arL..
e
Date
The Bible states, "at the hand of two witnesses shall the matter be e..tablished."
r •
Witness C
itue
: ! '.,
anbar Nevin Date
The Bible state;, "at the hand of two witnesses shall the matter be established:"
Witness
Witness
C'1
Linette Marie Balle -
E` y ZZ
Date
The Bible s tates, "at the hand of two uitne; see shall the matter be a tahlitlled.."
''i,essjZY1.. E'
,
fitness -
Page 21 of 21
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