Civil
Action
No.
1:20-cv-2768
STATE
OF
COLORADO;
JENA
GRISWOLD,
Colorado
Secretary
of
State,
v.
LOUIS
DEJOY,
in
his
official
capacity
as
Postmaster
General;
SAMARN
S.
REED,
in
his
official
capacity
as
the
Denver,
Colorado
Regional
Postmaster;
CHRIS
J.
YAZZIE,
in
his
official
capacity
as
the
Albuquerque,
New
Mexico
Regional
Postmaster;
UNITED
STATES
POSTAL
SERVICE,
Plaintiffs
State
of
Colorado
and
Jena
Griswold
allege
as
follows:
1.
The
United
States
Postal
Service
(“Postal
Service”)
intends
to
mail
an
official
notice
to
all
Colorado
voters
that
provides
false
statements
about
voting
in
Colorado.
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
Plaintiffs,
Defendants.
IN
THE
UNITED
STATES
DISTRICT
COURT
FOR
THE
DISTRICT
OF
COLORADO
COMPLAINT
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.
This
attempt
at
voter
suppression
violates
the
United
States
Constitution
and
federal
statutes
and
must
be
stopped
immediately.
2.
Plaintiffs
file
a
motion
for
a
Temporary
Restraining
Order
at
the
same
time
as
this
Complaint.
3.
The
Postal
Service,
operating
under
Postmaster
General
Louis
DeJoy,
plans
to
send
the
following
official
notice
to
voters
across
Colorado.
4.
This
official
notice
has
been
received
by
voters
in
other
states,
but
Colorado
understands
from
conversations
with
the
Postal
Service
that
this
notice
will
be
delivered
throughout
Colorado
early
next
week
absent
court
intervention.
Colorado
understands
that
some
voters
in
limited
areas
of
Colorado
may
have
received
this
official
notice,
or
may
receive
it
on
Saturday,
September
12.
2
If
you
plan
to
vote
by
mail
,
plan
ahead
.
UNITED
STATES
POSTAL
SERVICE
Please
read
this
important
information
for
U.S.
citizens
.
Dear
Postal
Customer
,
If
you
vote
by
mail
,
we're
committed
to
providing
you
a
secure
,
effective
way
to
deliver
your
ballot
.
Use
this
checklist
to
prepare
:
UNITED
STATES
POSTAL
SERVICE
PRESORTED
STANDARD
MAIL
POSTAGE
&
PAID
USPS
PERMIT
NO
G
10
475
L'ENFANT
SW
WASHINGTON
,
DC
20260
Start
today
.
Give
yourself
and
your
election
officials
ample
time
to
complete
the
process
.
MIX
Paper
from
FSC
FSC
C101537
dates
vary
by
state
,
so
contact
your
election
board
to
confirm
.
Find
links
at
usps.com/votinginfo
.
Please
Recycle
your
mail
-
in
ballot
(
often
called
"
absentee
"
ballot
)
least
15
days
before
Election
Day
.
Once
received
,
follow
the
instructions
.
Add
postage
to
the
return
envelope
if
needed
.
*******
AUTO
-
DIGIT
87106
103
-
A
-
00159395
20609
We
recommend
you
mail
your
ballot
at
least
7
days
before
Election
Day
We're
ready
to
deliver
for
you
.
Make
sure
you're
ready
,
too
.
Your
United
States
Postal
Service
Visit
usps.com/votinginfo
or
contact
your
election
board
.
United
States
Postal
Service
Rights
Reserved
.
The
Eagle
Logo
is
among
the
many
trademarks
of
the
U.S.
Postal
Service
5 .
This
official
notice
contains
several
false
statements
about
voting
in
Colorado
.
3
6 .
The
third
bullet
point—
Request
your
mail
-
in
ballot
(
often
called
absentee
ballot
at
least
15
days
before
Election
Day
"
false
for
several
reasons
.
First
,
Colorado
voters
do
not
need
to
make
any
request
to
receive
their
ballot
registered
Colorado
voters
receive
a
ballot
at
the
mailing
address
on
file
with
election
officials
.
Second
,
Colorado
voters
who
do
not
have
a
ballot
because
they
have
moved
and
not
updated
their
address
,
the
Postal
Service
loses
their
ballot
,
or
they
received
a
ballot
and
misplaced
it
-
can
vote
in
person
and
request
a
replacement
ballot
closer
than
15
days
to
election
day
.
Third
,
Colorado
ballots
are
not
“
mail
-
in
ballot
[
s
] ."
While
voters
may
return
voted
ballots
by
mail
,
they
instead
may
return
them
to
voter
service
polling
centers
staffed
by
local
election
officials
or
place
them
in
one
of
many
conveniently
located
,
secure
drop
-
boxes
. A
voter
who
receives
a
mail
ballot
also
may
elect
to
instead
vote
in
-
person
at
a
voter
service
and
polling
center
7
The
fifth
bullet
point—
We
recommend
you
mail
your
ballot
at
least
7
days
before
Election
Day
false
.
Colorado
voters
do
not
need
to
mail
their
ballot
to
vote
at
all
.
Colorado
voters
may
elect
to
instead
vote
in
-
person
,
return
their
voted
ballots
to
voter
service
polling
centers
staffed
by
local
election
officials
,
or
place
them
in
one
of
many
conveniently
located
,
secure
drop
-
boxes
.
4
JURISDICTION
AND
VENUE
8 .
The
Court
has
jurisdiction
over
this
lawsuit
pursuant
to
28
U.S.C.
1331
(
federal
question
)
and
39
U.S.C.
409
(
suits
against
the
Postal
Service
)
.
The
Court
has
jurisdiction
to
award
the
relief
requested
pursuant
to
28
U.S.C.
(
mandamus
)
and
28
U.S.C.
2201
(
declaratory
relief
and
further
relief
).
9 .
Venue
in
this
district
is
proper
under
28
U.S.C.
S
1391
b ) ( 2)
and
1391
(
e )( 1 ) .
10
.
Defendants
are
United
States
agencies
or
officers
sued
in
their
official
capacities
.
The
State
of
Colorado
and
Secretary
Griswold
are
residents
of
this
judicial
district
,
and
a
substantial
part
of
the
events
or
omissions
giving
rise
to
this
Complaint
occurred
or
will
imminently
occur
within
this
district
.
In
particular
,
on
information
and
belief
,
the
Postal
Service
has
this
official
notice
on
pallets
at
its
distribution
centers
in
Colorado
and
New
Mexico
(
and
perhaps
other
adjoining
states
)
and
intends
to
deliver
this
official
notice
to
Colorado
voters
imminently
.
PARTIES
11
.
Plaintiff
the
State
of
Colorado
is
a
sovereign
state
of
the
United
States
of
America
.
This
action
is
brought
on
behalf
of
the
State
of
Colorado
by
Attorney
General
Philip
J.
Weiser
,
who
is
the
chief
legal
5
counsel
of
the
State
of
Colorado
,
empowered
to
prosecute
and
defend
all
actions
in
which
the
state
is
a
party
.
Colo
.
Rev.
Stat
.
24-31-101
(
1
)
(
a
)
.
12.
Plaintiff
Jena
Griswold
is
Colorado
Secretary
of
State
and
the
"
state
election
official
. ”
Colo
.
Rev.
Stat
.
1-1.5-101
( 1) (
h
).
Among
other
,
Secretary
Griswold
“
is
the
state
official
responsible
for
implementing
the
state's
responsibilities
under
the
federal
Uniformed
and
Overseas
Citizens
Absentee
Voting
Act
,
U.S.C.
sec
.
20301
et
seq
.
Colo
.
Rev.
Stat
.
1-8.3-104
.
13
.
Defendant
Louis
DeJoy
is
the
Postmaster
General
.
He
is
sued
in
his
official
capacity
.
Defendant
United
States
Postal
Service
is
an
independent
agency
of
the
executive
branch
of
the
United
States
government
.
15
.
Defendant
Samarn
S.
Reed
is
the
Denver
Colorado
Postmaster
.
He
is
sued
in
his
official
capacity
.
16
.
Defendant
Chris
J.
Yazzie
is
the
Albuquerque
,
New
Mexico
Postmaster
.
He
is
sued
in
his
official
capacity
.
Mail
sent
to
voters
who
reside
in
Durango
and
Cortez
,
Colorado
is
routed
through
Albuquerque
,
New
Mexico
mail
facilities
.
6
CLAIM
I
Violation
of
the
Elections
Clause
17
.
Plaintiff
realleges
the
foregoing
allegations
as
if
fully
set
forth
herein
.
18
.
The
Elections
Clause
,
Article
I
section
4
of
the
United
States
Constitution
states
The
Times
,
Places
and
Manner
of
holding
Elections
for
Senators
and
Representatives
,
shall
be
prescribed
in
each
State
by
the
Legislature
thereof
"
19
.
By
providing
false
information
about
the
manner
of
Colorado's
elections
stating
that
voters
must
request
a
ballot
15
days
prior
to
the
election
and
recommending
that
voters
mail
a
ballot
7
days
before
Election
Day
Defendants
interfere
with
the
"
Times
,
Places
and
Manner
of
holding
Elections
"
which
the
Constitution
allocates
to
Colorado
,
not
the
Postal
Service
.
The
Postal
Service
statements
are
incorrect
in
several
material
ways
:
Colorado
voters
do
not
need
to
request
a
ballot
at
any
time
;
if
a
ballot
is
lost
for
whatever
reason
, a
Colorado
voter
can
request
a
replacement
ballot
at
any
time
or
vote
in
person
;
and
voters
need
not
use
the
mail
to
return
their
ballots
as
they
may
vote
in
person
or
place
them
in
numerous
drop
-
boxes
.
7
21
.
Defendants
'
false
statements
violate
Colorado's
constitutional
rights
to
establishing
the
“
Times
Places
and
Manner
of
holding
Elections
.
CLAIM
II
Violation
of
the
Tenth
Amendment
22
.
Plaintiff
realleges
the
foregoing
allegations
as
if
fully
set
forth
herein
23
.
The
Tenth
Amendment
provides
that
“ [t ]
he
powers
not
delegated
to
the
United
States
by
the
Constitution
,
nor
prohibited
by
it
to
the
States
,
are
reserved
to
the
States
respectively
,
or
to
the
people
.
”
Through
this
amendment
,
the
Framers
intended
the
States
to
“
keep
for
themselves
.
.
.
the
power
to
regulate
elections
.
Gregory
.
Ashcroft
,
501
U.S.
452
,
461-62
(
1991
)
.
24
.
Defendants
'
misstatements
interfere
with
Colorado's
power
to
regulate
elections
and
therefore
deprives
Colorado's
constitutional
rights
to
regulate
state
elections
and
determine
the
manner
in
which
state
officers
will
be
chosen
.
Defendants
'
actions
thus
impermissibly
interfere
with
the
reserved
authority
of
States
and
thereby
violate
the
Tenth
Amendment
.
25.
Specifically
,
Defendants
'
instruction
to
Colorado
voters
to
Request
your
mail
-
in
ballot
called
absentee
ballot
)
at
least
15
days
before
Election
Day
”
is
incorrect
and
will
cause
Colorado
voters
to
wrongly
believe
they
must
request
a
ballot
in
order
to
participate
in
this
election
.
Under
Colorado
law
,
all
registered
voters
receive
ballots
in
the
mail
26
.
In
addition
,
voters
who
do
not
receive
a
ballot
due
to
typical
mishandling
or
errors
in
the
mail
or
who
misplace
the
ballot
they
receive
will
wrongly
believe
that
because
they
did
not
request
a
ballot
at
least
15
days
before
the
election
they
cannot
vote
in
this
election
.
In
fact
,
Colorado
voters
can
vote
in
person
on
election
day
or
request
a
replacement
ballot
at
any
time
prior
to
the
election
.
Defendants
'
false
statements
will
prevent
eligible
Colorado
voters
from
participating
in
this
election
.
27.
In
addition
,
this
incorrect
instruction
will
result
in
a
significant
increase
in
questions
posed
to
Colorado
election
officials
by
voters
taking
time
away
from
administering
the
election
and
unnecessarily
burdening
Colorado's
election
officials
.
28.
Defendants
'
actions
will
cause
imminent
,
irreparable
harm
to
the
States
'
ability
to
regulate
state
and
local
elections
for
officers
and
ballot
initiatives
,
including
proposed
constitutional
amendments
.
9
CLAIM
III
Violation
of
the
Constitutional
Right
to
Vote
29
.
Plaintiff
realleges
the
foregoing
allegations
as
if
fully
set
forth
herein
.
30
.
The
United
States
Constitution
guarantees
that
“
all
qualified
voters
have
a
constitutionally
protected
right
to
vote
and
to
have
their
votes
counted
.”
Reynolds
v
.
Sims
,
377
U.S.
533
,
554
(
1964
)
.
This
right
arises
from
multiple
constitutional
provisions
,
including
( 1)
Article
,
section
2 ,
clause
,
which
provides
that
members
of
the
United
States
House
of
Representatives
are
chosen
...
by
the
People
of
the
several
States
" 2 )
Article
IV
,
section
2 ,
clause
,
which
provides
that
" [t]
he
Citizens
of
each
State
shall
be
entitled
to
all
Privileges
and
Immunities
of
Citizens
in
the
several
States
, "
and
,
therefore
,
the
right
to
vote
for
national
officers
is
a
right
and
privilege
of
national
citizenship
that
is
protected
article
IV
,
section
2 ,
clause
1
;
and
( 3)
the
Seventeenth
Amendment
which
provides
that
United
States
Senators
are
“
elected
by
the
People
of
each
State
.
32.
By
wrongly
stating
that
Colorado
voters
must
request
a
ballot
in
order
to
participate
in
this
election
,
that
certain
deadlines
apply
to
requesting
or
mailing
ballots
,
that
voters
cannot
receive
a
replacement
ballot
or
vote
in
person
,
and
that
voters
should
use
the
Postal
Service
to
10
return
ballots,
Defendants’
actions
interfere
with
the
ability
of
residents
of
Colorado
to
timely
receive
and
return
ballots
and
have
their
votes
counted,
thereby
burdening
the
right
to
vote
of
residents
of
the
Plaintiff
States.
33.
Defendants’
actions
also
interfere
with
Colorado’s
constitutional
interests
in
choosing
the
method
of
electing
national
officers
that
respects
this
constitutional
right
to
vote.
Colorado
has
an
interest
in
conducting
elections,
under
its
Constitutional
authority,
that
honor
this
constitutional
right
of
their
residents.
In
addition,
Colorado
has
selected
methods
for
state
elections
that
frequently
follow
the
procedures
used
for
selecting
national
offices,
which
would
be
similarly
interfered
with
by
Defendants
and
Colorado
has
an
interest
in
the
state
elections
allowing
for
their
residents
to
exercise
their
right
to
vote.
These
state
interests
are
separate
and
in
addition
to
Colorado
residents’
interests
in
their
constitutional
right
to
vote.
34.
Defendants’
actions
are
not
supported
by
any
interest
that
justifies
this
serious
burden
on
the
right
to
vote.
35.
Defendants’
actions
thus
violate
the
right
to
vote
guaranteed
by
the
United
States
Constitution
and
Colorado’s
interest
in
having
elections
that
respect
that
right
to
vote.
11
Violation
of
52
U.S.C.
§
10101
36.
Plaintiff
realleges
the
foregoing
allegations
as
if
fully
set
forth
herein.
37.
52
U.S.C.
§
10101(b)
states
“No
person,
whether
acting
under
color
of
law
or
otherwise,
shall
intimidate,
threaten,
coerce,
or
attempt
to
intimidate,
threaten,
or
coerce
any
other
person
for
the
purpose
of
interfering
with
the
right
of
such
other
person
to
vote
or
to
vote
as
he
may
choose,
or
of
causing
such
other
person
to
vote
for,
or
not
to
vote
for,
any
candidate
for
the
office
of
President,
Vice
President,
presidential
elector,
Member
of
the
Senate,
or
Member
of
the
House
of
Representatives,
Delegates
or
Commissioners
from
the
Territories
or
possessions,
at
any
general,
special,
or
primary
election
held
solely
or
in
part
for
the
purpose
of
selecting
or
electing
any
such
candidate.”
38.
52
U.S.C.,
§20510(b)
provides
a
private
right
of
action
to
any
person
“aggrieved
by
a
violation
of
[Chapter
52
of
the
US
Code].”
39.
Defendants’
false
statements
about
Colorado
law
violate
section
10101(b)
by
intimidating,
coercing,
attempting
to
intimidate,
and/or
attempting
to
coerce
Colorado
voters
not
to
vote
in
the
upcoming
election.
CLAIM
IV
12
40.
Some
Colorado
voters
who
would
otherwise
vote
under
the
guidance
of
Colorado
election
officials
will
be
confused
by
the
false
statements
by
the
Postal
Service
and
will
not
vote
in
the
upcoming
elections
because
1)
they
falsely
believe
they
must
request
a
ballot
to
participate;
2)
they
wrongly
think
that
if
they
did
not
receive
a
ballot
they
may
not
vote
because
they
did
not
request
one
15
days
prior
to
the
election;
or
3)
they
erroneously
believe
that
they
must
mail
their
ballot
back
7
days
prior
to
the
election
when,
in
fact,
they
can
vote
in
person
on
election
day
and,
throughout
the
state,
deliver
their
voted
ballot
to
a
drop-box
or
voter
service
and
polling
center
staffed
by
local
election
officials
without
using
the
Postal
Service.
41.
Defendants’
actions
therefore
violate
52
U.S.C.
§10101
and
Colorado
and
the
Secretary
have
authority
to
stop
this
violation.
42.
Plaintiff
realleges
the
foregoing
allegations
as
if
fully
set
forth
herein.
43.
The
federal
Uniformed
and
Overseas
Citizens
Absentee
Voting
Act
(“the
Overseas
Voting
Act”)
guarantees
absent
uniformed
services
voters
and
overseas
voters
the
right
to
vote
by
absentee
ballot
in
Violation
of
the
Uniformed
and
Overseas
Citizens
Absentee
Voting
Act,
52
U.S.C.
§
20302(a)(1)
CLAIM
V
13
general,
special,
primary,
and
runoff
elections
for
federal
office.
52
U.S.C.
§
20302(a)(1).
44.
Colorado
has
adopted
the
Overseas
Voting
Act
within
its
Election
Code.
See
Colo.
Rev.
Stat.
§
1-8.3-101,
et
seq.
45.
Secretary
Griswold
“is
the
state
official
responsible
for
implementing
this
article
and
the
state's
responsibilities
under
the
federal
‘Uniformed
and
Overseas
Citizens
Absentee
Voting
Act’,
52
U.S.C.
sec.
20301
et
seq.”
Colo.
Rev.
Stat.
§
1-8.3-104(1).
46.
The
Overseas
Voting
Act
requires
states
to,
among
other
things,
“permit
absent
uniformed
services
voters
and
overseas
voters
.. .
to
vote
by
absentee
ballot”
and
to
“establish
procedures”
for
providing
absentee
ballot
forms
to
such
voters.
52
U.S.C.
§
20302(a)(1),
(6).
47.
The
federal
law,
and
the
implementing
state
law,
permit
absent
uniformed
services
voters
and
overseas
voters
to
receive
and
return
their
ballots
by
electronic
means.
52
U.S.C.
§
20302(e);
C.R.S.
§
1-
8.3-113.
48.
Some
of
the
Postal
Services’
notices
are
likely
to
be
mailed
to
voters
who
will
be
voting
pursuant
to
the
procedures
established
by
the
Overseas
Voting
Act.
In
addition,
family
members
and
loved
ones
of
those
voting
in
Colorado
pursuant
to
the
Overseas
Voting
Act
will
be
receiving
these
notices.
14
49.
Some
Colorado
voters
who
are
absent
uniformed
services
voters
and
overseas
voters
and
who
would
otherwise
vote
under
the
guidance
of
Colorado
election
officials
will
be
confused
by
the
false
statements
by
the
Postal
Service
and
will
not
vote
in
the
upcoming
elections
because
1)
they
falsely
believe
they
must
request
a
ballot
to
participate;
2)
they
wrongly
think
that
if
they
did
not
receive
a
ballot
they
may
not
vote
because
they
did
not
request
one
15
days
prior
to
the
election;
or
3)
they
erroneously
believe
that
they
must
mail
their
ballot
back
7
days
prior
to
the
election
when,
in
fact,
they
can
vote
by
electronic
means
without
using
the
Postal
Service.
Defendants
and
award
the
following
relief:
prohibiting
Defendants
from
delivering
the
official
notice
to
any
Colorado
voter;
fees;
and
Plaintiffs
request
that
the
Court
enter
judgment
against
1.
Issue
a
Temporary
Restraining
Order
and/or
injunction
2.
Award
the
Plaintiffs
their
costs
and
reasonable
attorneys’
PRAYER
FOR
RELIEF
15
may
require.
3.
Award
such
additional
relief
as
the
interests
of
justice
PHILIP
J.
WEISER
Attorney
General
s/Eric
Olson
ERIC
OLSON*
Solicitor
General
LEEANN
MORRILL*
First
Assistant
Attorney
General
EMILY
BUCKLEY
Assistant
Attorney
General
MICHAEL
KOTLARCZYK
Assistant
Attorney
General
PETER
BAUMANN
Campaign
Finance
Fellow
Attorneys
for
Plaintiffs
Ralph
L.
Carr
Colorado
Judicial
Center
1300
Broadway,
Floor
Denver,
Colorado
80203
Telephone:
303-892-7400
E-Mail:
*Counsel
of
Record
16
