BEFORE THE CLERK AND RECORDER, ELECTIONS DIVISION, CITY AND COUNTY OF

DENVE~STATEOFCOLORADO

Case No. E.D. 2011-01

NOTICE OF CHALLENGE TO VOTER REGISTRATION AND ORDER

IN THE MATTER OF: CHALLENGE TO VOTER REGISRATION OF RYAN R. CALL AND

BRITTANY A. CALL

NOTICE to Ryan R. CaD and Brittany A CaD ("Respondents"): Pursuant to Colo. Rev. Stat. §1-9-
901(1)(a), you are hereby notified that a challenge to the voter registration of Ryan R. Call and Brittany A.
Call was submitted to the Clerk and Recorder on January 7,201 1, by Florence Sebern,
, Denver, CO 80246 (petitioner). A copy of the protest is attached to this Order marked as
ExhibitA.

The Clerk hereby orders:

1. This matter is scheduled for a one day hearing which will be heard on:

February 7, 2011 9:00 a.m., at

Conference Room I.B.6
Wellington E. Webb Municipal Office Building
201 West Colfax Avenue, Dept. 101
Denver, CO 80202

2. Pursuant to Colo. Rev. Stat. §1-9-901(1)(a), the Clerk and Recorder will perfonn the duties and
functions necessary to render a final detennination of the Challenge to Registration. The Clerk and
Recorder will hear all evidence, examine all docwnents, and generally conduct a quasi-judicial
proceeding in confonnance with Colo. Rev. Stat. §1-9-901(1)(a) and any applicable state or local laws.

3. The Parties will bring three (3) copies of all materials that will be presented at the hearing or, in
the alternative, the parties may deliver copies of all materials to be presented to the opposing party and
the Clerk and Recorder by no later than 5:00 p.m., on Friday, February 4, 201l. Hand delivered or
mailed copies will be sent to the addresses listed below.

4. The materials to be presented at hearing as evidence will be marked with consecutive letters for
the Petitioner (Ms. Sebern) and consecutive numbers for the Respondents. Exhibits with multiple pages
must have each page numbered in accordance with the following label designation: Exhibit _ , page
of

5. The Parties will raise any prehearing matters with the Clerk and Recorder in writing by no later
than 5:00 p.m., on Wednesday, January 26, 201l. A prehearing meeting or telephone conference may be
scheduled at the written request of a party or if the Clerk and Recorder detennines that a conference
would aid in resolving any prehearing issue.

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6. No party shall send any document to the Hearing Officer, without at the same time furnishing a
copy of such document to the other party. If an attorney enters an appearance for a party in the case, that
attorney shall be sent such party's copy of any document sent by the other party to the Hearing Officer. For
example, if the City Attorney's Office enters an appearance in the case for the Elections Division, the
petitioner shall send to the Assistant City Attorney named in the entry of appearance, a copy of any
document which the petitioner submits to the Hearing Officer.

7. All testimony in proceedings before the Clerk and Recorder shall be given under oath
administered by the Clerk and Recorder in substantially the following form:

"I solemnly swear or affirm that the testimony I am about to give is the truth, the whole
truth, and nothing but the truth."

8. The order ofthe proceedings in hearing shall be as follows:

(a) Call to order by the Clerk and Recorder.

(b) Opening statement by Petitioner and by the Respondents, unless waived by either party or
reserved by the Respondents until the opening of the Respondent's case.
(c) Presentation of evidence by the Petitioner, allowing cross-examination by the
Respondents (exhibits shall be numbered for identification by the Clerk and Recorder).
(d) Presentation of evidence by the Respondents, with cross-examination by the Petitioner
(exhibits shall be lettered for identification by the Clerk and Recorder).
(e) Rebuttal evidence, if any.
(f) Closing Argument by the Petitioner followed by answering argument from the
Respondents with opportunity to reply to answering argument by the Petitioner. The
Clerk and Recorder may, at her discretion, request the submission of written closing
argument.

9. The Petitioner bears the burden of showing, by a preponderance of the evidence, that the
evidence supports the allegations in the challenge. In rendering a decision, the Clerk and
Recorder will have the options set forth below in accordance with Colo. Rev. Stat. l-9-201(l)(a):

(a) If the Clerk and Recorder finds sufficient evidence to support the allegations in the
challenge, the registered elector's name shall be canceled from the Denver voter registration
files;

(b) If the Clerk and Recorder finds some evidence but not sufficient evidence to support the
allegations in the challenge, the registration record of the elector may be marked with the word
"Inactive", and the procedures of Colo. Rev. Stat. 1-2-605, concerning registered who fail to vote
in a general election, shall apply; or

( c) If the Clerk and Recorder finds no evidence to support the allegations in the challenge,
the challenge to cancel the registered elector's name from the Denver voter registration files will
be denied.

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10. The Clerk and Recorder may utilize personal experience, technical competence, and specialized
knowledge in the evaluation of evidence presented.

II. Photographic copies may be admitted into evidence or substituted in evidence in place of original
documents.

12. Hearings may be recorded by electronic means at the request of either party, and transcripts of
such recordings shall be made at the expense of the party requesting the transcript. Either party
may employ at its own expense a certified court reporter.

13. The parties are encouraged to consider settlement of this matter.

14. Settlement efforts are confidential and cannot be raised as evidence against either party.

15 . Further orders may be made by the designated Clerk and Recorder.

Attachments: Exhibit A - Challenge to Registration

DATED: January 12, 2011

DENVER CLERK AND RECORDER

Stephanie Y. O'Malley

CERTIFICATE OF MAILING

I certifY that on this 13th day of January, 2011, I served true and correct copies of this foregoing Order,
with Exhibit A , by email and by placing a copy of the Order in the U.S. mail, postage prepaid for certified,
first class mail, addressed to:

Ryan R. Call (U.S. Mail)

Denver, Colorado 80210

Brittany A. Call (U.S . Mail)

Denver, Colorado 80210

Ms. Florence Sebem,

Denver, CO 80246

For the Clerk and Recorder

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