After Congress enacted the Help America Vote Act (HAVA) in 2002, Colorado passed legislation to implement HAVA’s requirements. One provision is designed to ensure that voters whose registration or eligibility is questioned are provided the opportunity to vote a provisional ballot. Additional Colorado requirements, such as requiring voters to bring identification documents to the polls, went beyond the requirements of the federal legislation. In the summer and fall of 2004, the ACLU of Colorado received complaints about serious problems in the drafting and implementation of the new rules. The ACLU wrote letters to the Denver Election Commission and provided oral testimony and written comment on the Secretary of State’s proposed Election Rules on September 30, 2004.
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