SandBox Comments: State of Elections "CO (secret ballots): Colorado’s super-secret ballots"

"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)

SandBox Comments: The Mountain Mail "New date set for ballot disclosure "

Cailey McDermott:

"To provide more time for a counter expert witness, the Dec. 1 court hearing about disclosure of 2010 voter ballots was vacated and a new date was set for 8:15 a.m. March 23.

Marilyn Marks of Aspen recently demanded ballot disclosures in Chaffee County to "make it clear that voted ballots are public records."

Chaffee County Clerk and Recorder Joyce Reno appealed the request.

Reno said voted ballots are required to be kept confidential under the Colorado Constitution and Colorado law.

Jenny Davis, county attorney, said the hearing was delayed because the county has an expert witness and Marks' attorney wanted time to obtain a counter expert witness.

Davis said the county fought the court delay and lost.

March was selected because Marks will be traveling in January and there were conflicts with the caucus in February, Davis said."

(Learn more?  Comment to discuss)

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)

"Truth goes through three stages. First it is ridiculed. Then it is violently opposed. Finally, it is accepted as self-evident."