Hundreds of ballots never reached voters in a southwest Colorado race that may be decided by just three votes

210830-DOVE-CREEK-FARMING-BEANS-AGRICULTURE
Hart Van Denburg/CPR News
Dove Creek, northwest of Cortez, on Monday, August 30, 2021. The agricultural area is best known for growing beans.

The U.S. Postal Service is investigating why hundreds of ballots were never delivered to southwest Colorado voters in what turned out to be an exceptionally close primary election.

In all, 376 voters in Dolores County did not receive their original mail ballots for last month’s elections, according to the Secretary of State’s office. That amounts to nearly a quarter of the active voters in the rural county.

The error is especially striking given the outcome of the Republican primary in House District 58, which includes Dolores County. A recount is underway in that race because the winning candidate leads by only three votes. HD58 also includes portions of seven other counties.

The hundreds of ballots appear to have been lost while the U.S. Postal Service was moving them from the printer’s offices in Seattle to a mail facility in Albuquerque, according to state officials. There is no evidence or indication that any of the ballots were stolen or that anyone attempted to vote with them. 

"A lot of people didn't even know there was an election going on," said Larry Don Suckla, who is narrowly leading the HD58 primary over J. Mark Roeber. Many voters "wait 'til they get a ballot in the mail, and then they research the candidates. ... And so I had a lot of phone calls from some very upset people that did not get to vote."

Voters who did not receive their mail ballots could still request a replacement ballot or vote in person, assuming that they knew a primary election was happening. However, the mishap could have kept some affected voters from participating.

In all, more than 100 people ultimately requested replacement ballots in the county — far higher than the usual number, according to the Secretary of State.

The county clerk’s office apparently noticed the trend as early as June 13. More than two weeks before Election Day, the clerk’s office asked a USPS representative about potential mail delivery delays. Shortly after, the clerk’s office also asked the ballot printing company to confirm that ballots had been mailed to all of the county’s active voters.

The contractor, K&H Printing Solutions, confirmed that all of the ballots had been mailed out, but said that hundreds had not ultimately reached voters, according to state officials.

“In light of these discoveries, it seems likely that Dolores County’s missing ballots were lost somewhere between the Seattle loading dock and the Albuquerque [general mail facility] delivery scan while in the custody of the United States Postal Service,” Elections Division Director Judd Choate wrote in a letter to USPS.

Choate chastised the Dolores County Clerk, Lana Hancock, in a separate letter. If the issue had been elevated more quickly, the county clerk and state officials could have mailed out replacement ballots to all affected voters.

“The K&H report was an undeniable red flag. Despite this, at no point did you inform the Colorado Department of State, the Elections Division, nor the SCORE customer service team that your election had encountered a problem. Nor does it appear you took action to fix the issue. Had the Department of State known of these difficulties, we would have assisted you in expediting a replacement mailing,” Choate wrote.

The state is considering putting the Dolores County clerk’s office under increased supervision during the November election, Choate wrote. Choate also asked USPS to ensure similar errors don’t happen again.

USPS has opened an investigation, according to the secretary of state. A USPS spokesman didn’t immediately respond to a request for comment.

The county clerk’s office is “not commenting on that right now” a representative said just before the call was disconnected. A follow-up call was not immediately answered or returned.

Because the margin in the HD58 race, is so narrow, an official recount is underway. Each of the eight county clerks in the district must recount all ballots by next Friday.

Suckla said he does not blame the Dolores County clerk for the missing ballots.

"I trust that clerk, that is a very good clerk," he said. "The way that those ballots did not get delivered was through the mail system."

Suckla said the missing votes could be consequential, considering he only leads by three votes. He noted that he took 80 percent of the vote in Dolores County. He added that he wants answers on where the missing ballots ended up. Roeber could not immediately be reached for comment.

The winner of the Republican primary will face Democratic candidate Kathleen Curry in the general election. Republicans have won recent elections in the district by strong margins.

Editor's note: This article was updated July 16, 2024, with comment from Larry Don Suckla.