February 4, 2012

SandBox Comments: Glass Ballot Box "Court Orders SOS Gessler to Hear HAVA Complaint--Saguache County"

Congratulations to Marilyn Marks on still yet another major legal victory!  We wonder if she realizes how many voters  out here are grateful for her efforts?

Why isn't there a balance in coverage on her activism?

Is it personality?  Local gossip would have you think so.

Is it social status?  Local gossip would have you think so.

Is it strength on multiple levels, courage and the kind of leadership values that are misunderstood simply because they are fairly rare?  It's too bad that there isn't any equally publicised  gossip out there to help you think so.

Many times, when there is no other choice, the type of person who has  those kinds of strength, courage and leadership abilities  is seen in the public eye by what they had to be in order to get the job done, not by what they truly are as a person.

As for the path of Marilyn Marks choosing, we hope she is aware of how appreciated her path is. 

We'll continue to 'spread a little 'gossip' of the 'other kind' to help her along.

So, when is this accountability by Colorado Secretary of State Scott Gessler (R) going to be seen by Colorado voters? 

Let's make it very soon.

Like maybe....before Colorado's role as one of the key swing states in the most important election of our time. 

As a fellow conservative, one would think Gessler would push aside that GOP establishment he's trying to stay rubbing elbows with and simply obey the court.  Thank you, again.  To Aspen resident Marilyn Marks as she successfully continues to help him see that he needs to.   

"Original Order

Addendum Issued February 2, 2012

For Immediate Release
Secretary of State Must Hear Voting Complaints—
Denver Court Ruling

Aspen, CO, February 3, 2012 — Today the Colorado District Court for the City and County of Denver clarified that the court’s order of October 24, 2011 requires Secretary of State Scott Gessler to hold a public hearing to investigate formal complaints filed under the Help America Vote Act (HAVA) related to voting system irregularities in Saguache County’s November 2010 election.

In April 2011 Aspen citizen Marilyn Marks filed a comprehensive formal complaint with Secretary of State Gessler in accordance with the provision of state law and HAVA, which permits “any person” who believes violations of Title III of HAVA have occurred to file such a complaint. Despite the numerous irregularities documented by Ms. Marks, including voting system computer logs that show unexplained out-of-sequence time stamps of computer operations during this contentious election, Secretary Gessler refused to investigate the evidence and instead dismissed Ms. Marks’s complaint for lack of standing. Marks sued Gessler to appeal the dismissal of her complaint.

The Secretary based his dismissal of Marks’s complaint on the theory that any complainant has to prove that she has been personally aggrieved by or has personally witnessed the irregularities in question, regardless of the persuasiveness of the evidence presented on its own. Marks commented, “The court disagreed with Secretary Gessler and upheld the public policy in federal law that promotes transparency in the operation of voting systems, where problems should be exposed and investigated, not concealed through officials’ refusal to investigate documented irregularities.”

Marks’ attorney, Robert A. McGuire, commented, “The Court affirmed that both state and federal law allow any person who believes a violation of HAVA has occurred to file a complaint. This decision vindicates the right of every citizen to ensure that our elections are conducted lawfully. Voting is the fundamental mechanism that makes a functioning democracy possible, and all of us have an interest in preserving the integrity of the voting process. Our democracy belongs to the people, not to government and not to corporate voting system providers. Today’s decision will help keep it that way.”

Colorado Ethics Watch filed an amicus curiae brief supporting the standing of “any person” to file a HAVA complaint. They argued, “Restricting the class of persons who may file complaints to those who witnessed or are aggrieved may allow violations to go unaddressed because those who could file a complaint lack the wherewithal to do so or are intimidated into silence.” Marks stated that she felt the clear compelling arguments made by Luis Toro, attorney and director for Colorado Ethics Watch were quite helpful in reinforcing the public policy issue at stake.

The Denver court also found that federal and state law conflict on citizen’s ability to file a complaint, which will require that Secretary Gessler propose remedial legislation to the General Assembly to strengthen Colorado law to bring it into alignment with federal law that ensures the rights of all citizens to have voting system irregularities investigated and remedied.

The date for the public hearing has not been set. It is expected that voters from Saguache County as well as voting quality experts will testify at the hearing regarding problems with the ES&S voting system used in Saguache County in 2010. The ES&S system’s operation has been one of the issues prominent in the controversial 2010 Saguache County election. Marks said, “On January 24, 2012, Saguache County Clerk Myers was recalled primarily because of her role in such irregularities. Despite her recall, the voting system irregularities should be investigated for the important information that such investigation may provide to other jurisdictions that use this equipment and/or improper practices.”

For additional information contact:
Marilyn Marks
Aspen, CO

"Unapologetically tracking patterns within news others make since 2010"

1 comment:

hotmama said...

Thank you, Marilyn Marks. You go, girl and just keep racking up these legal victories. Is there any kind of organization able that donations could be made to help her cause of elections reform?