The battle over ballots at Aspen City Hall continues. On Tuesday, the Aspen Election Commission decided to punt on two public-records requests to view ballots that were cast in the city’s 2011 municipal election held in May.
Commissioner Ward Hauenstein said that while he favors an open and transparent government, he received outside advice from a Denver attorney who said the Election Commission could not rule on the matter because it isn’t the custodian of election records.
“According to information provided by you, the Aspen Election Commission does not have personal custody of the paper ballots in question,” attorney John S. Zakhem wrote. “Therefore, the [commission] is not the custodian of the paper ballots and is not obligated to produce them in response to the [Colorado Open Records Act] request.”