The judge in Denver ruled Monday that state law allows county clerks the authority to send ballots to inactive voters in mail-in-only elections.
Under the previous rules, county clerks were required to mail a series of notifications to inactive voters, who had to change their status in order to receive a mail ballot.
Gessler sued Denver County Clerk and Recorder Debra Johnson in 2011 for sending mail ballots to people who had not voted in previous elections. The judge also sided with Pueblo County officials.
Gessler has been seeking a compromise that would allow voters to receive election-related notices by email and by mail.