Colo. State Secretary: Use It Or Lose It

DENVER -- Secretary of State Scott Gessler is suing Denver's clerk and recorder to prevent the office from mailing ballots in November to voters listed as inactive.

Gessler says in the lawsuit filed Wednesday that Denver's election plan contradicts state law. But Denver Clerk and Recorder Debra Johnson says she disagrees and that the city's plan seeks to make voting accessible to as many eligible voters as possible.

People who did not in the 2010 general election are considered inactive but still eligible to vote.

Pueblo Clerk and Recorder Gilbert Ortiz's election plan also includes sending ballots to voters listed as inactive. He says he is waiting for the lawsuit to be resolved before deciding whether to amend his plan.

An initiative to raise taxes for schools is the only statewide ballot issue in November.