The Attorney General's Office will not charge Jon Caldara for voting in the September recall election of Sen. John Morse, despite what investigators deemed extremely suspect behavior.
Caldara, a longtime Boulder resident and a Republican, used a new same-day registration law to register to vote in El Paso County and cast a ballot in the recall election. Caldara told the media that he was voting to prove a point: that the Democrats' new election law was flawed and allowed voters to move from district to district and vote in close elections with little recourse.
"It's not a big surprise. I wasn't worried about it," Caldara said of the decision. "This law was created to legalize voter mischief. It was created so that voters could be moved around into districts where their vote was most needed at the very last moment of the campaign. All I did was to make public what happens privately."
Christy Le Lait, who managed the campaign to keep Morse in office, said it's hard to see the point Caldara thinks he made.
"He proved that you can go to a lot of effort to register to vote fraudulently and get away with it," Le Lait said.
Le Lait filed a complaint against Caldara, alleging he had voted fraudulently because he didn't actually live in Morse's Senate district.
After several moths of investigation, an assistant attorney general found "criminal prosecution is not warranted or viable."
But the response was also a slap on the hand.
"It is imperative to note that the Office of the Attorney General does not condone Mr. Caldara's choreographed actions that were designed by him to create a record that he used" to support his claim that he was a resident of El Paso County before and during the election, wrote First Assistant Attorney General Robert Shapiro.
Caldara had a signed lease to rent a room in Mark Barker's house. Barker is a deputy district attorney in El Paso County and because of a potential conflict of interest, the case was forwarded to the Attorney General's Office.
In addition to the lease, Caldara changed his address with the state for his driver's license records.