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April 5, 2012 Senator Bob Bacon Colorado State Capitol 200 E. Colfax Avenue Denver, CO 80203 Sent via U.S. mail and by electronic mail to: bob.bacon.senate@state.co.us Dear Senator Bacon: Yesterday, on behalf of the Open Government Institute (OGI), I testified before the Senate State, Veterans, and Military Affairs Committee regarding HB-1111, a proposed referred measure seeking to require photo identification as a condition of in-person voting. As I stated in my testimony, OGI supports voter ID requirements due to our position that the single easiest way to commit voter fraud is to assume another voters identity for purposes of completing his or her ballot. While we were disappointed that you voted to kill the legislation, we were shocked and dismayed by the verbal justifications you offered. First, you clearly misstated Colorados constitutional mandate that voters be allowed to amend the constitution when you asserted that we dont ask voters to weigh in on constitutional rights. In fact, Colorado has one of the most active referendum and initiative systems in the nation. More than a dozen citizen-proposed constitutional amendments appeared on the 2008 general election ballot. Either through a citizens ballot initiative or a referendum offered by legislators, Colorado voters are regularly encouraged and invited to weigh in on constitutional questions. While you may not like that our state constitution allows this process, you are incorrect in your elitist understanding of our republic system of government. Unequivocally, the Colorado constitution provides a key role for the people in protecting and interpreting our states most important civil rights. Second, and perhaps more troubling, was your generalization of Colorado voters, presumably to include many who elected you, as racist and ignorant:

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"If voters were asked whether they might be able to exclude Muslims from the voting rolls because of a perception that they may be terrorists, I think you would find a fair number of voters who would vote yes, you said. Absent evidence to the contrary, accusing a broad swath of voters in the state of Colorado of bigotry is unfounded and counterproductive to the broader debate we were having yesterday. In light of the above, we ask that you clarify your positions. If, however, you stand by what you said, it is appropriate for you to apologize to the people of Colorado for suggesting that they are racist and cant be trusted to protect the civil rights of minority groups. Finally, we ask that you take the time to educate yourself more fully about Colorados initiative and referendum system. In closing, your inflammatory remarks are a challenge to the respectful discussion that organizations like ours, joining others across the ideological spectrum, are hoping to foster around this important issue. Politics is an arena fueled by passion and we are hopeful that we can work with you in the future to protect not only our constitution, but also the peoples access to it. We eagerly await your response. Sincerely, Jessica Peck, Esq. Executive Director Open Government Institute
jessica@ogicolorado.org 720-628-5756