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Officials want ID to vote

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To bypass Legislature, clerk says he may enact policy for court to review

THE GAZETTE

El Paso County elected officials are planning ways to circumvent the Democratic-led state Legislature and require proof of citizenship to register to vote.

Clerk & Recorder Bob Balink said Wednesday he is willing to enact a proof of citizenship policy in the county so that it could be challenged in court.

A court ruling, he said, would determine the policy’s constitutionality and the Legislature would be forced to debate the matter.

“If the law says that you must be a citizen to vote and we’re not requiring proof that you are, then we’re not following the law,” Balink said.

Balink said, in his opinion, anyone registering to vote will need more than a birth certificate to prove citizenship, they’ll also need a government-issued photo ID.

Balink met with Commissioners Wayne Williams and Dennis Hisey and County Attorney Bill Louis on Wednesday to discuss how the county can put the issue before a judge in a way that will minimize cost to the county.

“We were trying to figure out a way to get some clarity to the situation,” Hisey said. “It appeared that Bob taking an action one way or another would provoke an action.”

Last year, a bill that would have implemented the policy statewide died in committee.

Sen. Andy McElhany, R-Colorado Springs, plans to introduce a similar bill in the upcoming legislative session, but county officials aren’t willing to take their chances with that route a second time.

“The Democratic Legislature has shown a consistent refusal to even allow votes on the subject of legislation that would require proof of citizenship,” Williams said.

Sen. John Morse, D-Colorado Springs, said he doesn’t think it’s something the Legislature needs to take up.

Since there is no proof illegal immigrants have registered to vote, Morse argues that requiring proof of citizenship would be solving a problem that doesn’t exist.

“I think government ought to be interested in solving real problems,” Morse said. Morse and other opponents say that by requiring proof of citizenship, Republicans would disenfranchise segments of the population that would traditionally vote for Democrats.

“What they don’t realize, or they don’t care, I don’t know which it is, is that citizens, especially the elderly, sometimes naturalized citizens, sometimes the disabled or certainly the homeless, don’t have easy access to the documents that are required for a photo ID,” said Cathryn Hazouri, executive director of the ACLU of Colorado.

Balink pointed to Arizona and Georgia, both of which have had the requirement of proof of citizenship for voter registration upheld in U.S. District Court.

“A party agenda here in the state says access to the ballot for everyone is more important than determining their eligibility,” Balink said. “That’s nuts in my mind.”

Morse criticized the plan to invite a lawsuit, saying it would be a waste of taxpayer money.

“Is the county going to finance the lawsuit by furloughing employees for one day a week?” Morse said, referring to the county officials’ plan to close buildings one day a week and during Thanksgiving and Christmas weeks to make up for a sales tax shortfall.

Hisey and Williams expressed concern over spending county money in light of the budget “crisis” but said that inaction may end up costing the county just as much.

CONTACT THE WRITER: 636-0232 or carlyn.mitchell@gazette.com


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