Troy Hooper:
"The challenges mounting on Colorado Secretary of State Scott Gessler's desk go beyond whether to mail ballots to residents who haven't voted in a while. He has another predicament: bar codes.
Unique identifying numbers, or bar codes, that can trace citizens to how they voted appear on ballots in dozens of counties in Colorado — a revelation that is not only troublesome but possibly illegal.
Ballots are not allowed to have "distinguishing marks," according to state law.
A coalition of Colorado voters is suing Gessler (pdf) and a half dozen county clerks in a Denver federal court, contending the officials are presiding over unconstitutional elections. The litigation stems from a separate dispute over whether cast ballots should be made public so that elections can be verified by someone outside of government. When clerks argued ballots could not be seen by members of the public because it was theoretically possible to figure out how specific people voted in certain elections, the bar code problem became apparent.
"We didn't think the clerks were serious. We thought they were pulling our leg, putting up a smokescreen," said Aspen-based election activist Marilyn Marks. "We didn't think it was true, but it is."
Marks and a handful of other activists across the state soon learned that 46 counties in Colorado use Hart brand ballots that have bar codes affixed to them that are not torn off before they are tallied. Their lawsuit asks the court to prohibit the government from placing identifiers on ballots, or otherwise using mechanisms to track vote choices, both of which the suit says are already against the law.
"We're suing Gessler because he hasn't enforced the law and we think he should," Marks said.
Messages left for Gessler and his spokesman were not immediately returned.
In a letter (pdf) to election activist Al Kolwicz in Boulder last fall, the Secretary of State's Office acknowledged that ballots can be traced in many counties....." (Read more? Click title)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
Showing posts with label Citizen Center sues SOS Gessler. Show all posts
Showing posts with label Citizen Center sues SOS Gessler. Show all posts
April 3, 2012
March 8, 2012
SandBoxBlogs: Aspen Times "Legislature delves into ballot transparency"
'SandBox Nanny' has to say how nice it is to have Janet Urquhart's reporting on Citizen Center and Marilyn Marks updates.
Balance, facts and details. What a novel approach. A thank you goes out to Urquhart from bringing us the news rather than opinion.
Janet Urquhart:
"ASPEN — Legislation that would regulate the inspection of ballots through an open-records request — an issue that first came to a head in Aspen — was introduced in the Colorado Statehouse last week.
The bill was spawned in large part by Aspen election activist Marilyn Marks' requests to view ballots or other election-related data in counties around the state, including Jefferson County, where a resulting District Court hearing is scheduled Thursday and Friday. Pitkin County elections manager Dwight Shellman III has been subpoenaed as a potential witness for Marks.
Public access to ballots and whether ballots can be traced back to the voters who cast them are issues that have snowballed out of Marks' request to view ballot images from the city of Aspen's 2009 election, in which she lost the race for mayor. Marks filed suit after her request was denied and prevailed at the Appellate Court level. The city has appealed for review of the case by the Colorado Supreme Court.
Subsequently, Marks has become involved in litigation with several counties and in a federal lawsuit that challenges election practices in six Colorado counties..." (Read more? Click title)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
Balance, facts and details. What a novel approach. A thank you goes out to Urquhart from bringing us the news rather than opinion.
Janet Urquhart:
"ASPEN — Legislation that would regulate the inspection of ballots through an open-records request — an issue that first came to a head in Aspen — was introduced in the Colorado Statehouse last week.
The bill was spawned in large part by Aspen election activist Marilyn Marks' requests to view ballots or other election-related data in counties around the state, including Jefferson County, where a resulting District Court hearing is scheduled Thursday and Friday. Pitkin County elections manager Dwight Shellman III has been subpoenaed as a potential witness for Marks.
Public access to ballots and whether ballots can be traced back to the voters who cast them are issues that have snowballed out of Marks' request to view ballot images from the city of Aspen's 2009 election, in which she lost the race for mayor. Marks filed suit after her request was denied and prevailed at the Appellate Court level. The city has appealed for review of the case by the Colorado Supreme Court.
Subsequently, Marks has become involved in litigation with several counties and in a federal lawsuit that challenges election practices in six Colorado counties..." (Read more? Click title)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
February 24, 2012
SandBox Comments: Colorado Statesman "Scott Gessler, in his own words..."
Jody Hope Strogoff:
"Secretary of State Scott Gessler is clearly no stranger to publicity. Even before being sworn into office in January of 2011, his name was familiar in political circles. The Democrats had Mark Grueskin as their top election law guru, Republicans in the state usually turned to their own cadre of leading experts, with Gessler at or near the top of their list. There were plenty of stories over the years which showcased Gessler’s ties to Republicans and the political organizations they formed to advance their causes.
Gessler’s installation as a figure in the public domain was pretty much complete by the time the candidate ousted a Democratic incumbent in the 2010 election. The rookie elected official had little reason to expect that to change after he assumed office. And it didn’t...."
(Read more? Click title)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
"Secretary of State Scott Gessler is clearly no stranger to publicity. Even before being sworn into office in January of 2011, his name was familiar in political circles. The Democrats had Mark Grueskin as their top election law guru, Republicans in the state usually turned to their own cadre of leading experts, with Gessler at or near the top of their list. There were plenty of stories over the years which showcased Gessler’s ties to Republicans and the political organizations they formed to advance their causes.
Gessler’s installation as a figure in the public domain was pretty much complete by the time the candidate ousted a Democratic incumbent in the 2010 election. The rookie elected official had little reason to expect that to change after he assumed office. And it didn’t...."
(Read more? Click title)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
February 15, 2012
SandBox Comments: Aspen Times "Eagle County clerk reacts to election lawsuit"
(See related story here)
Janet Urquhart:
"..Citizen Center filed a civil suit against Colorado Secretary of State Scott Gessler and the county clerks in Boulder, Jefferson, Larimer, Mesa, Eagle and Chaffee counties, seeking court action requiring Gessler and the clerks to halt practices that violate voters' constitutional rights to anonymous, untraceable ballots..."
(Read more? Click title)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
Janet Urquhart:
"..Citizen Center filed a civil suit against Colorado Secretary of State Scott Gessler and the county clerks in Boulder, Jefferson, Larimer, Mesa, Eagle and Chaffee counties, seeking court action requiring Gessler and the clerks to halt practices that violate voters' constitutional rights to anonymous, untraceable ballots..."
(Read more? Click title)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
February 13, 2012
SandBox Comments: The Citizen Center/Marilyn Marks "Citizen Center Sues Secretary of State to Stop Unconstitutional Elections"
Do you know what Marilyn Marks is really up to?
Seriously.
Why, she's up to good works again. This time with her new organization, 'The Citizen Center":
"Denver, Colo. February 13--Citizen Center, a nonpartisan group of Colorado voters, filed a lawsuit in the U.S. District Court for the District of Colorado today seeking an injunction and declaratory judgment requiring Secretary of State Scott Gessler and the county clerks of Boulder, Jefferson, Larimer, Mesa, Eagle and Chaffee counties to immediately halt practices that violate voters' constitutional rights to vote anonymous, untraceable ballots.
Today's legal action seeks to correct election practices in order to restore voters' federal constitutional rights-the fundamental right to vote, freedom of expression, freedom of association, right to due process, and right to equal protection-and the state constitutional right to vote a secret (anonymous) ballot without which those federal constitutional rights cannot be freely exercised.
"The right to a secret ballot is a revered principle of American democracy. No one, most particularly government officials, should have access to information that can connect ballots with voters," said Marilyn Marks, founder of Citizen Center, citing the urgent need for remedies in advance of Colorado's 2012 elections.
Citizen Center has found that many Colorado counties employ procedures that collect information making it possible to identify the individual who voted a specific ballot. The Citizen Center's legal action comes months after the Secretary of State failed to enforce compliance in response to voter complaints filed with his office.
Press Conference Today
A press conference will be held at 1:00 p.m. at 303 E. 17th Avenue Suite 565 Denver, CO 80203. The press kit is available on Citizen Center's website. The public, press, and government officials are welcome to attend. Telephone participation is also available by calling 916-233-0790 PIN code 792395#. The press conference presentation slides are also on line. Marilyn Marks, Founder of Citizen Center, and attorney Robert A. McGuire will be presenting the conference and available for questions.
About Citizen Center
The Citizen Center is a nonpartisan, nonprofit organization that uses public advocacy and high-impact legal tools to ensure greater transparency and accountability in government and public oversight of government and elections." (Learn more? Click title)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
Seriously.
Why, she's up to good works again. This time with her new organization, 'The Citizen Center":
Federal Lawsuit Seeks to End Colorado's
Unconstitutional Election Practices
Denver Press Conference Monday, February 13, 1:00 p.m.
Telephone Participation Available
"Denver, Colo. February 13--Citizen Center, a nonpartisan group of Colorado voters, filed a lawsuit in the U.S. District Court for the District of Colorado today seeking an injunction and declaratory judgment requiring Secretary of State Scott Gessler and the county clerks of Boulder, Jefferson, Larimer, Mesa, Eagle and Chaffee counties to immediately halt practices that violate voters' constitutional rights to vote anonymous, untraceable ballots.
Today's legal action seeks to correct election practices in order to restore voters' federal constitutional rights-the fundamental right to vote, freedom of expression, freedom of association, right to due process, and right to equal protection-and the state constitutional right to vote a secret (anonymous) ballot without which those federal constitutional rights cannot be freely exercised.
"The right to a secret ballot is a revered principle of American democracy. No one, most particularly government officials, should have access to information that can connect ballots with voters," said Marilyn Marks, founder of Citizen Center, citing the urgent need for remedies in advance of Colorado's 2012 elections.
Citizen Center has found that many Colorado counties employ procedures that collect information making it possible to identify the individual who voted a specific ballot. The Citizen Center's legal action comes months after the Secretary of State failed to enforce compliance in response to voter complaints filed with his office.
Press Conference Today
A press conference will be held at 1:00 p.m. at 303 E. 17th Avenue Suite 565 Denver, CO 80203. The press kit is available on Citizen Center's website. The public, press, and government officials are welcome to attend. Telephone participation is also available by calling 916-233-0790 PIN code 792395#. The press conference presentation slides are also on line. Marilyn Marks, Founder of Citizen Center, and attorney Robert A. McGuire will be presenting the conference and available for questions.
About Citizen Center
The Citizen Center is a nonpartisan, nonprofit organization that uses public advocacy and high-impact legal tools to ensure greater transparency and accountability in government and public oversight of government and elections." (Learn more? Click title)
"Unapologetically pursuing and tracking patterns within the news others make since 2010."
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