Andrews guest erroneously claimed Hickenlooper appointed panel of “non-experts” to address Denver election problems

During a broadcast of Backbone Radio, host John Andrews left unchallenged a guest's baseless claim that the panel Denver Mayor John Hickenlooper appointed to examine Denver's election problems is “a commission of non-experts.” In fact, the panel includes a national award-winning county clerk and recorder whose office oversees elections and a city council member who is in the running for a seat on the United States Elections Assistance Commission, among others.

On the November 26 broadcast of KNUS 710 AM's Backbone Radio, host John Andrews did not challenge guest and purported “election watchdog” Al Kolwicz's allegation that Denver Mayor John Hickenlooper “appointed a commission of non-experts to attack [Denver's election] problem.” In fact, the 13-member panel includes individuals with a broad array of expertise, including experts in the field of information technology, which The Denver Post cited as “the weak link” in Denver's electoral process.

As the Rocky Mountain News reported on November 7, “Computer problems that caused three-hour lines at polling places incensed Denver voters and elected officials, causing some to blame Mayor John Hickenlooper as well as the city's Election Commission.” The News further reported, “The main problem seemed to be the laptops at each of the city's voting centers. Those computers, intended to check voter registration against a central database, sometimes slowed and then froze during the day.” Similarly, the Post reported on November 9, “Overall, Denver's electronic voting machines performed well. Instead, the city's electronic poll books -- networked laptop computers that communicated with a central voter database in downtown Denver -- were the weak link.”

In response to Election Day voting problems, Hickenlooper appointed an “Investigative Panel on Election Troubles.” According to a November 14 press release from the mayor's office, “The goal of this group is to evaluate the disconnection between the City's intentions, our fully expressed expectations and the unacceptable outcomes.” In addition to the expertise represented on the commission itself, the mayor's office indicated that in the course of its proceedings, the panel will “hear testimony from groups affected by or with perspective on the November 7 election including technology experts, FairVote Colorado, the disabled community, and the political parties.”

Responding to Andrews' question about “what was done wrong in the way voting was administered in Colorado” on November 7, Kolwicz -- who serves as executive director of Citizens for Accurate Mail Ballot Election Results -- stated that while he is “very respectful of Mayor Hickenlooper,” he was “very disappointed that [Hickenlooper] has appointed a commission of non-experts to attack the problem.”

ANDREWS: And we are thankful that Americans have this precious right to vote, but with gratitude comes the obligation to take care of our heritage and I admire, as I just said, the zeal and the tireless effort and energy as well as the thoughtful knowledgeable approach that you -- that you take to this issue. I thought it'd be valuable to just ask you what, what some of the lessons are that we ought to be learning as we sift through what was done right and what was done wrong in the way voting was administered in Colorado three weeks ago.

KOLWICZ: Well, John, I think that, you know, the obvious things that see -- that people see, like long lines and questions of how long it takes to get results are the things that are headline-making things. But underlying the long lines and the time to get a vote count are problem areas that I think are not of interest to the people that are really the more important issues that need to be addressed. And I'm -- I'm very respectful of Mayor Hickenlooper; I think he's done a great job with everything that I've been able to see in the press. But I'm -- I'm very disappointed that he has appointed a commission of non-experts to attack the problem. And that is so very typical of what happens in our governmental structure. We pick people that are, you know, really wonderful citizens who probably have absolutely no expertise in the areas that they're being asked to perform. And they'll produce a report which will be possibly influenced by some particular point of view or possibly influenced by a vendor. And policy will be made on that report. In fact, in my humble opinion, until we recognize that we're dealing with a fairly complex system -- that is, our election system -- and address it by putting the proper resources towards building a proper election system, I don't think we're going to make forward progress, I think that we're going to continue to spend money, try to do better, and fail further and further and further.

Contrary to Kolwicz's assertion, the election panel Hickenlooper convened includes several appointees with election-specific expertise, including Larimer County Clerk and Recorder Scott Doyle and Denver City Councilwoman Rosemary Rodriguez.

According to Larimer County's website, Doyle's office “is responsible for ... conducting all primary, general and county elections, and, when contracted, municipal and school district elections.” The website also notes that “The National Association of County Recorders, Election Officials and Clerks named Scott Doyle as the 2005 Public Official of the Year."

Doyle has served in his current position as County Clerk since January 2003. Among the achievements noted in his nomination are development and successful implementation of the Vote Center concept, which is now wining national acclaim; development and implementation of the Citizen Information Center, a one-stop-shop for citizens on the first floor of the county building; and proactive business and budget planning within the Clerk's office. Doyle has been active as the Legislative Co-Chair for the Colorado County Clerks' Association, as a member of the Secretary of State's Blue Ribbon Panel on Election Reform, and as part of the Election Center National Task Force on Election Reform and the National Election Reform Forum.

As the Post reported on November 16, “Denver City Councilwoman Rosemary Rodriguez is in the running for an appointment to the United States Elections Assistance Commission -- a full-time position that would open up her seat on council.” The Post further reported:

Commissioners serve as “a national clearinghouse and resource” of information on how federal election laws are administered.

[...]

As a councilwoman, Rodriguez has kept a close eye on elections in Denver. And she is currently on an investigative panel assembled by the Mayor John Hickenlooper to examine the failures of the Denver Election Commission that led to long lines at the polls on Election Day and a slow vote-tallying process.

It was Rodriguez who in 2005 championed the idea to scrap the Denver's election commission in favor of a single elected clerk and recorder system that would closer resemble the structure of 62 of the 63 other counties in Colorado.

She also led a charge last spring for an all-mail ballot election this November, worrying at the time that tangle of federal and state laws left Denver and other counties in the state with little time to prepare for the election.

Through a spokesman, [Democratic U.S. Sen. Ken] Salazar said Rodriguez's “experience on election-related issues is second to none.

”If Rosemary (Rodriguez) were nominated, I would whole-heartedly support her."

Furthermore, City and County of Denver Auditor Dennis Gallagher -- a vocal critic of Hickenlooper and the Denver Election Commission -- was invited to serve on the panel. As the News noted on June 21, “The city auditor wrote Mayor John Hickenlooper on Tuesday to warn of a 'tsunami' of chaos at the election commission -- rumors of more missing voter information and new voting machines not working -- that could imperil Denver's upcoming elections.” The News article continued:

“I am extremely concerned that the situation at the Denver Election Commission is such that the August Primary election -- and concurrent municipal election -- as well as possibly the November General Election are in jeopardy," City Auditor Dennis Gallagher wrote in his second letter in five days warning the mayor of problems at the independent election agency. “I do not raise this issue lightly.”

According to the November 14 Hickenlooper press release, the full election panel is composed of these individuals:

  • Dr. Paul Burleson, President, Greater Metro Denver Ministerial Alliance
  • Scott Doyle, Clerk and Recorder, Larimer County
  • Hubert Farbes, Attorney/Shareholder, Brownstein, Hyatt & Farber; Former CO Asst. Atty. General
  • Jenny Flanagan, Executive Director, Colorado Common Cause
  • Dennis Gallagher, Auditor, City and County of Denver (invited, participation not yet confirmed)
  • Dusti Gurule, Director, Latina Initiative
  • Rosemary Marshall, Colorado State Representative, House District 8
  • Richard Notebaert, Chairman and CEO, Qwest
  • Ralph Peterson, Chairman and CEO, CH2M Hill
  • Dan Ritchie, Chancellor Emeritus, University of Denver
  • Rosemary Rodriguez, Denver City Councilwoman, District #3; Former Denver Clerk & Recorder
  • Paula Sandoval, Colorado State Senator, Senate District 34
  • Sandra Shreve, President, League of Women Voters of Denver

On his program, Andrews introduced Kolwicz as someone “who does his homework better on these issues -- the question of the integrity of our voting process -- better than anyone else that I know of in Colorado.” An August 7, 2004, Boulder Daily Camera article about Kolwicz reported:

An election watchdog could face criminal charges after a confrontation with Boulder County election officials this week.

Boulder County sheriff's deputies are investigating an incident that occurred when Al Kolwicz, a longtime critic of election practices across the state, showed up to observe a test at the county's election headquarters on Thursday.

Election officials have told police that Kolwicz's actions during that test could be construed as hindering an election, sheriff's Capt. Dennis Hopper said.

Hopper didn't specify which law Kolwicz might have broken, but a Colorado statute defines “interference with an election official” as a misdemeanor.

From the November 26 broadcast of KNUS 710 AM's Backbone Radio:

ANDREWS: And I wanted my friend Al Kolwicz of Boulder, who does his homework better on these issues -- the question of the integrity of our voting process -- better than anyone else that I know of in Colorado.

[...]

ANDREWS: And we are thankful that Americans have this precious right to vote, but with gratitude comes the obligation to take care of our heritage and I admire, as I just said, the zeal and the tireless effort and energy as well as the thoughtful knowledgeable approach that you -- that you take to this issue. I thought it'd be valuable to just ask you what, what some of the lessons are that we ought to be learning as we sift through what was done right and what was done wrong in the way voting was administered in Colorado three weeks ago.

KOLWICZ: Well, John, I think that, you know, the obvious things that see -- that people see, like long lines and questions of how long it takes to get results are the things that are headline-making things. But underlying the long lines and the time to get a vote count are problem areas that I think are not of interest to the people that are really the more important issues that need to be addressed. And I'm -- I'm very respectful of Mayor Hickenlooper; I think he's done a great job with everything that I've been able to see in the press. But I'm -- I'm very disappointed that he has appointed a commission of non-experts to attack the problem. And that is so very typical of what happens in our governmental structure. We pick people that are, you know, really wonderful citizens who probably have absolutely no expertise in the areas that they're being asked to perform. And they'll produce a report which will be possibly influenced by some particular point of view or possibly influenced by a vendor. And policy will be made on that report. In fact, in my humble opinion, until we recognize that we're dealing with a fairly complex system -- that is, our election system -- and address it by putting the proper resources towards building a proper election system, I don't think we're going to make forward progress, I think that we're going to continue to spend money, try to do better, and fail further and further and further.

ANDREWS: Now, you and I first got acquainted when I was first serving in the Colorado Senate. I don't think I was even Senate president when I first began seeing your urgently worded but, as I just said, thoughtfully constructed, knowledgeable emails. And then after that we met when you came to testify on some voting-related issues before legislative committees. But I guess I've never heard the story how you got involved as a citizen activist on this; what drew you in?