Colorado, U.S. Postal Service settle lawsuit over voting mailers

Col­orado set­tled a law­suit with the U.S. Postal Ser­vice over fly­ers mailed to vot­ers that Colorado’s sec­re­tary of state said con­tained mis­lead­ing information.

Under the terms of the set­tle­ment, which was reached Thurs­day night, the Postal Ser­vice agreed to the following:

  • USPS will do its best to remove the fly­ers that have not been deliv­ered from the system
  • USPS will seek input from the sec­re­tary of state to change infor­ma­tion on its vot­ing web­site, usps.com/voting, and allow the Col­orado Attor­ney General’s Office and the sec­re­tary of state to make pro­pos­als for changes to that information
  • USPS will pro­vide a list of items it is plan­ning to issue as part of a USPS media cam­paign between Fri­day and Dec. 14 that will include adver­tis­ing on tele­vi­sion, radio and print pub­li­ca­tions. Colorado’s sec­re­tary of state and attor­ney gen­er­al will have 48 hours to com­ment. The agree­ment also estab­lish­es a process for reach­ing an agree­ment on con­test­ed statements.

Col­orado Sec­re­tary of State Jena Gris­wold and Attor­ney Gen­er­al Phil Weis­er agreed to drop the law­suit in exchange for the settlement.

“We are pleased that through open dia­logue and com­mu­ni­ca­tion with the state of Col­orado we have resolved this mat­ter, and look for­ward to work­ing with the state and oth­ers across the coun­try as we pre­pare for the elec­tion,” Floyd Wag­oner, a postal ser­vice spokesman, said in an email to The Den­ver Post.

On Sat­ur­day, a fed­er­al judge barred the post office from send­ing fliers, which con­tained incor­rect infor­ma­tion about vot­ing in Col­orado, after Gris­wold filed a complaint.

Between 1.8 and 2.4 mil­lion post­cards were deliv­ered to Col­orado res­i­dents last week before U.S. Dis­trict Court Judge William J. Mar­tinez issued his tem­po­rary restrain­ing order. On Mon­day, Mar­tinez upheld his restrain­ing order, which had been sched­uled for anoth­er hear­ing on Friday.

In his deci­sion uphold­ing the restrain­ing order, Mar­tinez wrote, “The immi­nent dis­tri­b­u­tion of false and mis­lead­ing vot­ing infor­ma­tion to over half a mil­lion Col­orado house­holds con­sti­tutes irrepara­ble harm.”

 

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