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SOS-HAVA-07-12-001 HAVA Complaint
Final Determination
  1. Colorado Department of State neglected to enforce election laws.
  2. Boulder County neglected to comply with election laws.
  3. Boulder County used defective equipment and processes.

Determination requested

 1.  Confirm the following:

    • All voting systems and all individual parts of voting systems must pass certification criteria.
    • The Mail Ballot Component, including any devices, is an individual part of a voting system -- i.e. a “voting system component”.
    • Boulder County’s conditionally certified voting system has been modified to include a new Mail Ballot Component. 
    • A political subdivision may not adopt any modification of the system until the modification is certified or approved.
    • CDOS has neglected to comply with the statutes and rules identified in the evidence.
    • Boulder County has neglected to comply with the statutes and rules identified in the evidence.


2.  Prohibit further use of the modified Mail Ballot Component until such time as it is verified to meet all of the requirements of Federal and State statutes and rules.

3.  In order that we may conduct independent research using the data, we request that CDOS obtain from Boulder County, and make available to me at no cost, electronic copies of the original unaltered records and files identified in the December 10th letter from Kolwicz to Staiert.


Action Plan


  • The Department was granted an extension of time to complete their final determination, based on the expectation that the Department would stay focused on the actual complaint and not some secondary and/or unrelated topics.

  • The Department will complete its investigation by January 11, 2013.

  • The Department will accept additional written submissions until January 15, 2013.

  • The Department will publish its report by January 22, 2013.

Audio recording of December 26, 2012 Hearing


09:07 a.m. --  1 minute, 16 seconds

09:12 a.m. -- 52 minutes, 2 seconds

10:19 a.m. -- 1 hour, 16 minutes, 33 seconds 

Kolwicz Submission


August Submission


Eberle Submission


Boulder County Submission
Citizen Center Submission
Department of State
  • Mail Ballot - Analysis of Applicable Statutes and Election Rules
  • Mail Ballot Component - Functional and Performance Requirements
  • Mail Ballot Component - Component Specifications


CDOS Demonstration and Test


Canvass Board Non-Certification of Election 


Vote by Mail Sorter



Mar 7, 2013 - Researcher reports violations to County Commissioners

March 7, 2013. Election researcher Jim August released a report to Commissioners showing that Boulder County violated its purchasing standards. The County used untested, unspecified, unreliable equipment and procedures to conduct the 2012 General Election. Election results have not been certified, and the County has paid more the $200,000 for equipment that may not be useable. Click to read the report and the underlying documents.