Colorado sues USPS over pre-election mailers that contain incorrect voting information

Colorado’s top elec­tion offi­cial Sat­ur­day filed a fed­er­al law­suit against the Unit­ed States Postal Ser­vice over mail­ers that con­tain incor­rect elec­tion infor­ma­tion for state voters.

Jena Gris­wold, Colorado’s sec­re­tary of state, said that her office learned Thurs­day that the postal ser­vice would be send­ing out pre-elec­tion mail­ers to every house­hold in Amer­i­ca — but that the infor­ma­tion on the cards does not align with state elec­tion rules.

“This attempt at vot­er sup­pres­sion vio­lates the Unit­ed States Con­sti­tu­tion and fed­er­al statutes and must be stopped imme­di­ate­ly,” Gris­wold and state Attor­ney Gen­er­al Phil Weis­er alleged in the com­plaint filed in U.S. Dis­trict Court in Denver.

Gris­wold also filed a motion for a tem­po­rary restrain­ing order, seek­ing to block the postal ser­vice from send­ing the mailers.

David Rupert, a postal ser­vice spokesman, told The Den­ver Post that a hand­ful of Col­orado com­mu­ni­ties — total­ing in the thou­sands of house­holds — received the post­card Thurs­day and Fri­day, with the rest set to receive it next week.

It’s all part of a nation­al cam­paign through Elec­tion Day to “edu­cate the pub­lic on the Postal Service’s role in the mail-in bal­lot process,” he said in an email. “The non-par­ti­san cam­paign nei­ther encour­ages nor dis­cour­ages mail-in vot­ing; rather, it is designed to reach and inform all vot­ers about the impor­tance of plan­ning ahead if they plan to vote by mail.”

“Some of it applies to every­body and some doesn’t,” Rupert told The Post. “It’s meant for peo­ple to prepare.”

But Gris­wold argues in the law­suit that “these false state­ments will dis­en­fran­chise Col­orado vot­ers, includ­ing its uni­form mil­i­tary and over­seas vot­ers; mis­lead them about Colorado’s elec­tion pro­ce­dures; infringe Colorado’s Con­sti­tu­tion­al rights to con­duct its elec­tions; and inter­fere with the Sec­re­tary of State’s abil­i­ty to over­see Col­orado elec­tions. These false state­ments will con­fuse Col­orado vot­ers, like­ly caus­ing oth­er­wise-eli­gi­ble vot­ers to wrong­ly believe that they may not par­tic­i­pate in the upcom­ing election.”

The sec­re­tary of state ticked off a host of items on the mail­er that are not true for Colorado.

“The mail­er incor­rect­ly asks that vot­ers request a mail bal­lot 15 days before the elec­tion and return their bal­lots by mail at least sev­en days before the elec­tion,” Gris­wold said in a news release. “In Col­orado, every reg­is­tered vot­er is sent a bal­lot with­out hav­ing to make a request and vot­ers are urged to return bal­lots by mail soon­er than sev­en days before the elec­tion. My office asked USPS offi­cials to delay or not send the mail­er in Col­orado, but they refused to com­mit to that.”

In a Twit­ter thread Fri­day night, Gris­wold said sec­re­taries of state asked Post­mas­ter Gen­er­al Louis DeJoy to review a draft of elec­tion infor­ma­tion to ensure accu­ra­cy before it was sent to vot­ers. But DeJoy, she tweet­ed, refused.

“This may have start­ed off as a well-inten­tioned effort by @USPS, but their refusal to lis­ten to elec­tion experts com­bined with the recent postal slow­down in some parts of the coun­try is beyond sus­pect,” Gris­wold tweeted.

Elec­tion offi­cials in Cal­i­for­nia and Wash­ing­ton expressed sim­i­lar con­cern that the pre-elec­tion mail­ers are pro­vid­ing vot­ers with the wrong information.

Cal­i­for­nia Chief Deputy Sec­re­tary of State James Schwab tweet­ed Fri­day night that the post­card “could be con­fus­ing for Cal­i­for­nia,” not­ing dis­crep­an­cies in the postal ser­vice mail­er with sev­er­al of the state’s bal­lot-return poli­cies. Sacra­men­to Coun­ty issued its own state­ment, assur­ing vot­ers that they do not need to request a mail-in bal­lot in order to receive one.

Washington’s sec­re­tary of state Kim Wyman said in a state­ment Fri­day that her office was “not made aware this mail­er would be sent” to state res­i­dents, say­ing vot­ers there also are not required to request a bal­lot in order to vote.

As Colorado’s top elec­tion offi­cial, Gris­wold has been increas­ing­ly vocal in recent weeks over the Trump administration’s cuts to the postal ser­vice and attacks against mail-in vot­ing — call­ing the efforts vot­er suppression.

Pres­i­dent Don­ald Trump has railed against vot­ing by mail, insist­ing with­out evi­dence or proof that it is linked to vot­er fraud. Experts, time and again, have shown vot­er fraud to be vir­tu­al­ly nonex­is­tent in U.S. elec­tions — between 0.0003% and 0.0025%, accord­ing to the Bren­nan Cen­ter for Justice.

On Sat­ur­day, the pres­i­dent again tweet­ed incor­rect infor­ma­tion about vot­ing in North Car­oli­na, to which Gris­wold replied: “This is encour­ag­ing vot­er fraud, and I will refer you @realDonaldTrump for pros­e­cu­tion if warranted.”

Twit­ter flagged the tweet for “specif­i­cal­ly for encour­ag­ing peo­ple to poten­tial­ly vote twice.”

Gris­wold on Mon­day threat­ened to refer the pres­i­dent for pros­e­cu­tion in cas­es where dou­ble-vot­ing is sus­pect­ed in the state.

Col­orado last month also joined a host of oth­er states in a fed­er­al law­suit alleg­ing cuts to the Postal Ser­vice “threat­en to under­mine our state’s inde­pen­dent author­i­ty to con­duct elec­tions,” Weis­er said.

DeJoy, speak­ing before Con­gres­sion­al com­mit­tees last month, vowed that the postal ser­vice could han­dle the influx of mail-in bal­lots to be count­ed for November’s elec­tion. Democ­rats, how­ev­er, have sound­ed the alarm over cuts to dozens of mail sort­ing machines that DeJoy declined to reinstate.

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