"Colorado is currently in the midst of a heated legal dispute over whether images of local ballots should be made available for public scrutiny in an election dispute. The controversy started in 2009, when Marilyn Marks lost the Aspen city mayoral election to Mick Ireland. Marks petitioned to view images of the anonymous ballots (sometimes referred to as TIFF files), but the city denied her request.
She then filed suit in state court under the Colorado Open Records Act (CORA), but the district court ruled against her. She appealed to the Colorado Court of Appeals, which reversed the lower court in September of this year, holding that the contents of the ballots should be released.
The substance of the issue is that the city contends that the images constitute ballots, and thus are barred from public release by the provision of Colorado’s constitution which protects the secrecy of ballots as well as local regulations as to the disposal of ballots. The Court of Appeals’ holding rejected both of these arguments, holding that the images are not ballots, and that the state constitutional protection only extends to the identity of the voter, not to the substance of the ballot. The court summarized its holding as follows..."
(Wesley Moore)
(Read more? Click title. Comment to discuss)
Showing posts with label Marks wins appeal. Show all posts
Showing posts with label Marks wins appeal. Show all posts
December 5, 2011
November 28, 2011
SandBox Comments: Aspen Times "Ballot transparency a statewide debate"
SandBox advises Marilyn Marks to enjoy and savor the moment.
Tomorrow, she reviews ballots that she has fought for (and won) the right to see after waging an epic battle with the City of Aspen and County of Pitkin.
Her victory is on behalf of all Colorado voters.
And possibly all American voters.
They say that when a woman of courage walks into a room, one just knows how special she is.
In the case of Marilyn Marks, SandBox would have to agree.
Celebrate and savor, Marilyn. Thank you again for your advocacy.
(Read the article? Click title. Comment to discuss)
Tomorrow, she reviews ballots that she has fought for (and won) the right to see after waging an epic battle with the City of Aspen and County of Pitkin.
Her victory is on behalf of all Colorado voters.
And possibly all American voters.
They say that when a woman of courage walks into a room, one just knows how special she is.
In the case of Marilyn Marks, SandBox would have to agree.
Celebrate and savor, Marilyn. Thank you again for your advocacy.
(Read the article? Click title. Comment to discuss)
"Truth goes through three stages. First it is ridiculed. Then it is violently opposed. Finally, it is accepted as self-evident."
November 25, 2011
SandBox Comments: Aspen Times/Maurice Emmer and Harvie Branscomb "Why insist on secrecy but dismiss anonymity?"
"We both write repeatedly about the importance of election transparency. We present facts. We don't make things up. Stories about revealing ballot “secrets” often sound like scary tales told to children. They are designed to frighten, not inform. Jack Johnson's scary story recently published in another paper might trigger your instinct to fight, but that's what fiction and political propaganda are intended to do.
Johnson's column, and recent announcements by the city of Aspen, misconstrue election and open-records law as well as misrepresent the Marks v. Koch case and the Court of Appeals' unanimous opinion in favor of ballot transparency. As untrue assertions have become Aspen's norm, here we try to separate fact from fiction...."
(Maurice Emmer and Harvie Branscomb)
(Read the rest? Click title. Comment to discuss)
Johnson's column, and recent announcements by the city of Aspen, misconstrue election and open-records law as well as misrepresent the Marks v. Koch case and the Court of Appeals' unanimous opinion in favor of ballot transparency. As untrue assertions have become Aspen's norm, here we try to separate fact from fiction...."
(Maurice Emmer and Harvie Branscomb)
(Read the rest? Click title. Comment to discuss)
"Truth goes through three stages. First it is ridiculed. Then it is violently opposed. Finally, it is accepted as self-evident."
November 19, 2011
SandBox Comments: Aspen Times "Marks to again view Pitkin County ballots"
"Marks, the Aspen resident embroiled in a legal battle with the city of Aspen and three other Colorado counties over the right to view election ballots, said her latest request to Pitkin County is intended to facilitate the establishment of policies and procedures for complying with such requests. Being able to view ballots cast in an election is a matter of election transparency, according to Marks...."
(Janet Urquhart)
(Learn more? Click title. Comment to start discussion)
(Janet Urquhart)
(Learn more? Click title. Comment to start discussion)
"Truth goes through three stages. First it is ridiculed. Then it is violently opposed. Finally, it is accepted as self-evident."
November 17, 2011
SandBox Comments: Aspen Times "Aspen city attorney says opinion to commission is confidential"
Good grief.
First, Mitzi Rapkin's disingenuous column from the city the other day.
And now this load of bunk on his personal definition of confidentiality and who he represents from Aspen City Attorney John Worchester.
(whisper...whisper...sheesh...wonder if the City of Aspen is ever going to figure out who they really represent out here....whisper...whisper....could there be any greater lengths for them to go to in their effort to redefine the word "secrets"?)
(Learn more? Click title. Comment to start discussion)
First, Mitzi Rapkin's disingenuous column from the city the other day.
And now this load of bunk on his personal definition of confidentiality and who he represents from Aspen City Attorney John Worchester.
(whisper...whisper...sheesh...wonder if the City of Aspen is ever going to figure out who they really represent out here....whisper...whisper....could there be any greater lengths for them to go to in their effort to redefine the word "secrets"?)
(Learn more? Click title. Comment to start discussion)
"Truth goes through three stages. First it is ridiculed. Then it is violently opposed. Finally, it is accepted as self-evident."
November 15, 2011
SandBox Comments: Aspen Daily News "City fighting a losing ballot battle"
Maurice Emmer:
"I am a conservative for election transparency. I naively thought citizens usually could trust elected officials to honor transparency, as it enhances their legitimacy and public trust; it makes their jobs easier. I was wrong and our liberty is threatened by what I have learned.
Unlike at least one member of City Council, according to news reports, I read the entire unanimous opinion of the Colorado Court of Appeals in Marks v. Koch. It didn’t take long — it is only 16 double-spaced pages. Did council members read it before hastily voting to proceed with a further costly appeal? The city had 45 days to appeal, and yet rushed an unannounced private meeting and vote to move ahead with an appeal to the Colorado Supreme Court without any open hearings from the public.
The Court of Appeals opinion is well reasoned and thorough. As with any good judicial opinion, it summarizes key facts, states the arguments, analyzes each argument applying relevant law and states a conclusion on each argument. It is not complicated; it is not based on anyone’s political viewpoint or vendetta. It is a straightforward legal analysis and opinion. I recommend it to anyone who is interested in the issues on either side...."
(Learn more? Click title and comment to start discussion)
"Truth goes through three stages. First it is ridiculed. Then it is violently opposed. Finally, it is accepted as self-evident."
"I am a conservative for election transparency. I naively thought citizens usually could trust elected officials to honor transparency, as it enhances their legitimacy and public trust; it makes their jobs easier. I was wrong and our liberty is threatened by what I have learned.
Unlike at least one member of City Council, according to news reports, I read the entire unanimous opinion of the Colorado Court of Appeals in Marks v. Koch. It didn’t take long — it is only 16 double-spaced pages. Did council members read it before hastily voting to proceed with a further costly appeal? The city had 45 days to appeal, and yet rushed an unannounced private meeting and vote to move ahead with an appeal to the Colorado Supreme Court without any open hearings from the public.
The Court of Appeals opinion is well reasoned and thorough. As with any good judicial opinion, it summarizes key facts, states the arguments, analyzes each argument applying relevant law and states a conclusion on each argument. It is not complicated; it is not based on anyone’s political viewpoint or vendetta. It is a straightforward legal analysis and opinion. I recommend it to anyone who is interested in the issues on either side...."
(Learn more? Click title and comment to start discussion)
"Truth goes through three stages. First it is ridiculed. Then it is violently opposed. Finally, it is accepted as self-evident."
SandBox Comments: Aspen Times "On ballots, magic and transparency"
That's the trouble with only performing partial duty. When you are a public servant, in a position of trust and you do not fulfill all of your duty, sooner or later the layers you've piled on by not will begin to fall away.
Great letter to the Aspen Times from elections activist Marilyn Marks on the duality that resides in the depths of Aspen City Hall.
"With such obvious inconsistencies underlying the closed door decision to appeal, it's no wonder that the five councilmen refused to allow the requested and required public comment session prior to their court filing. Who would want to face the simple question from the public: “Were you telling the real story two years ago or when you filed your appeal? It can't be both.”
Their other claims, just as absurd, will be referenced in future letters...."
(Marilyn Marks)
(Read the rest? Click title. Comment to start discussion)
Great letter to the Aspen Times from elections activist Marilyn Marks on the duality that resides in the depths of Aspen City Hall.
"With such obvious inconsistencies underlying the closed door decision to appeal, it's no wonder that the five councilmen refused to allow the requested and required public comment session prior to their court filing. Who would want to face the simple question from the public: “Were you telling the real story two years ago or when you filed your appeal? It can't be both.”
Their other claims, just as absurd, will be referenced in future letters...."
(Marilyn Marks)
(Read the rest? Click title. Comment to start discussion)
"Truth goes through three stages. First it is ridiculed. Then it is violently opposed. Finally, it is accepted as self-evident."
SandBox Comments: Aspen Times "Marks wants to see latest Pitkin County ballots"
You go, girl.
"Marks, meanwhile, predicted the issue will wind up before the state Legislature. She said she met Monday with the Colorado Press Association regarding her push, as well as with legislative lobbyists...."
(Janet Urquhart)
You know, in the way of rightful things, want to bet the high court moves fast to knock down the City of Aspen's appeal?
How grand that would be!
The City of Aspen could then stop violating the high court's order to pay Marks her attorney costs to date.
Then, the citizens of Aspen could sleep better at night with the relief that Mayor Mick would be finally contained, the feds weren't preparing to march on Aspen and haul the folks away for their leaders violating the high court's order.
You go, girl.
(Read more? Click title. Comment to start discussion)
"Marks, meanwhile, predicted the issue will wind up before the state Legislature. She said she met Monday with the Colorado Press Association regarding her push, as well as with legislative lobbyists...."
(Janet Urquhart)
You know, in the way of rightful things, want to bet the high court moves fast to knock down the City of Aspen's appeal?
How grand that would be!
The City of Aspen could then stop violating the high court's order to pay Marks her attorney costs to date.
Then, the citizens of Aspen could sleep better at night with the relief that Mayor Mick would be finally contained, the feds weren't preparing to march on Aspen and haul the folks away for their leaders violating the high court's order.
You go, girl.
(Read more? Click title. Comment to start discussion)
"Truth goes through three stages. First it is ridiculed. Then it is violently opposed. Finally, it is accepted as self-evident."
November 10, 2011
SandBox Comments: Aspen Times/Maurice Emmer "City of myths"
Exactly, says, 'SandBox Nanny'.
We just said that in the last post. Thank you to Maurice Emmer of Aspen for dispeling the myths.
"Is this a city to be governed by myths or truth? Do you care whether election integrity can be verified? Do you wonder whether government knows your vote? Consider the facts, then make your views known. It is your city. Think, and then act..."
(Maurice Emmer)
(Read more? Click title. Comment to start discussion)
We just said that in the last post. Thank you to Maurice Emmer of Aspen for dispeling the myths.
"Is this a city to be governed by myths or truth? Do you care whether election integrity can be verified? Do you wonder whether government knows your vote? Consider the facts, then make your views known. It is your city. Think, and then act..."
(Maurice Emmer)
(Read more? Click title. Comment to start discussion)
"Truth goes through three stages. First it is ridiculed. Then it is violently opposed. Finally, it is accepted as self-evident."
November 3, 2011
SandBox Comments: Aspen Times "The sun doesn't shine on Aspen City Hall"
Another great letter supporting the efforts of Marilyn Marks to bring transparency to our elections:
"....Aspen may not need transparent elections, but those of us in rural Colorado need all the oversight on government we can get. Please stop fighting against the sunshine in the rest of the state. Don't appeal the solid, citizen-friendly court ruling."
(Allen Jones, Villa Grove)
(Learn more? Click title and comment to start discussion)
"....Aspen may not need transparent elections, but those of us in rural Colorado need all the oversight on government we can get. Please stop fighting against the sunshine in the rest of the state. Don't appeal the solid, citizen-friendly court ruling."
(Allen Jones, Villa Grove)
(Learn more? Click title and comment to start discussion)
"Truth goes through three stages. First it is ridiculed. Then it is violently opposed. Finally, it is accepted as self-evident."
Subscribe to:
Posts (Atom)