Colorado: Battle rages over tracing voted ballots in Colorado – The Denver Post

Last fall, Larimer County Clerk and Recorder Scott Doyle invited state lawmakers and a handful of other people to an eye-opening presentation. Flipping through a slide show, Doyle showed them how, because of the level of reporting required for Colorado elections, he could use publicly available logs and reports to locate which ballots that some of the lawmakers — and one legislator's wife — cast in the 2010 election. Doyle didn't go so far as to remove the ballots from their sealed boxes to see how each person voted, but his point was clear: If someone had all the pieces at their fingertips, that person could do so, at least for some voters in many counties.

Colorado: Recall election brings new Saguache clerk | The Pueblo Chieftain

County Clerk and Recorder Melinda Myers lost her recall election by more than a 2-1 margin Tuesday night and will be replaced by the candidate she beat in a controversial 2010 election. Voters recalled Myers, 941-453, pushing her from office 14 months after an election that prompted two reviews by the secretary of state and another by a statewide grand jury. Republican Carla Gomez, who lost to Myers in the last election, topped independent Patricia Jenkins, 762-319, according to Tuesday's final unofficial results.

Colorado: Former Secretary of State, EAC Commissioner Davidson to Head Colorado County Clerks Association | Colorado Statesman

The Colorado County Clerks Association announced last month that the Honorable Donetta Davidson, a former Colorado Secretary of State and current U.S. Election Assistance Commissioner, will be the organization’s first executive director. Davidson brings the expertise of more than 30 years in the administration of elections at the local, state and federal levels. She served Colorado as the secretary of state, the state’s director of elections, and as a clerk and recorder in both Arapahoe and Bent counties. She is currently a commissioner on the U.S. Election Assistance Commission and served as chair in 2010 and 2007.

Colorado: Required photo IDs for voting not likely | The Pueblo Chieftain

Debates aside over whether identification requirements to vote are ploys to disenfranchise the poor or to make voter fraud easier, there’s little chance that Colorado will institute a photo ID requirement until it cleans up its own system of issuing them, according to one local state lawmaker.

Rep. Keith Swerdfeger, R-Pueblo West, said that the complicated process of getting a state identification card has been a hurdle in passing legislation to require IDs. “I'm a believer in a state ID to vote but how do we streamline the process?” he asked.
He’s talked a few times with Jon Manley, assistant director of the Pueblo Department of Revenue office, about the problems and gotten an earful from constituents, too. The controversy over photo IDs has surfaced in a number of states.

The U.S. Department of Justice recently intervened to block a South Carolina law opponents charged was aimed at discouraging the poor and minorities to vote. In Wisconsin, charges flew from opponents of Gov. Scott Walker and Republican legislators facing a recent recall election that motor vehicle offices were either closed in Democratic areas or employees were told not to inform people that IDs could be obtained for free.
The argument goes that the poor, especially the elderly, will find it harder to obtain IDs if they have no way of getting to state offices or have to do a lot of paperwork.

Colorado: Should military members who did not vote in 2010 receive a ballot? | State of Elections

It may sound like a simple issue, but Colorado is currently in an uproar over this issue. The City of Denver had been planning to send mail ballots to all registered voters, including inactive military voters. In response, Republican Secretary of State Scott Gessler made the controversial move of filing suit against the city, arguing that Colorado law only allows localities to mail ballots to those on the active voting list. The full complaint can be found here. Because the election is mere weeks away, John Tomasic of The Colorado Independent notes that this new directive seems likely to effectively disenfranchise the effected soldiers.

Colorado law requires ballots to be sent out to all active registered voters, but it does not explicitly prohibit county clerks from being more proactive. According to The Daily Sentinel, Mesa County Clerk Sheila Reiner argued that counties should be able to do more if they wish. “I had made a decision early on not to include the inactive voters because it wasn’t required,” Reiner said. “But I have to agree with the Denver County clerk and recorder that the statute requirements are only a minimum, and in many areas clerks often go over and above depending on the needs of their counties.”

Colorado: Secretary of State Gessler embraces being targeted over his push for reforms | The Denver Post

During his first meeting with county clerks, newly elected Colorado Secretary of State Scott Gessler made a comment that some at the table found odd but would later prove prophetic. I'm probably going to be in court more than any previous secretary of state, Gessler said, according to several people in the room.

Just one year into his first term, the prediction hasn't come true yet. But neither Gessler nor his critics will be surprised if it does. "Folks are gunning for me, and the lawsuit-happy folks are the ones I fought for years," the former elections attorney said. "I'm a target."

If the Republican Gessler is a target, his critics contend, it's because he's made himself one with a series of moves — from trying to work at his former job while in office to suing two county clerks to proposing a wholesale rewrite of Colorado's campaign-finance rules.

Colorado: Traceable ballots could sabotage Colorado elections in 2012 | Center Post Dispatch

As Colorado shapes up to be a swing state during the 2012 General Election, suggested changes to Secretary of State (SOS) rules governing election integrity and transparency could further endanger Coloradoans’ rights to an anonymous ballot and honest elections.

Those hoping for a fair election outcome in a crucial race for the White House will instead probably face relaxed security precautions for already compromised electronic voting devices. They also could be faced with a Colorado Open Records Act (CORA) blackout that would deny access to key election documents for nearly 90 days during the election cycle.

The CORA block would prevent poll watchers, media, and ordinary citizens from examining ballots, and would delay and restrict examination of logs, poll books, and other essential election information in the event of a disputed election. This even after Colorado Sec. of State Scott Gessler won a lawsuit in August 2011 against Saguache County Clerk Melinda Myers, with District Judge Martin Gonzales ruling that ballots are public records and Gessler as well as ordinary citizens have a right to request and inspect them.

Colorado: Voting machine security questioned | The Durango Herald

Secretary of State Scott Gessler wants to make it easier for counties to comply with rules for electronic voting machines, but watchdogs say the changes increase the risk of hackers stealing an election. Gessler will hold a meeting today to discuss the changes, but plaintiffs in a 2006 lawsuit that led to the decertification of several voting machines did not wait to let loose with criticism.

Jeff Sherman, an Iraq veteran who worked on democracy-building in that country, said he is dismayed U.S. elections are vulnerable to fraud through voting machines. “We have a system that is a light to the world. I think it does all of us a disservice when there are questions about elections,” Sherman said.

Colorado has not had any known instance of election-hacking, but Sherman’s lawyer, Paul Hultin, cited an exercise by Argonne National Laboratory in which scientists hacked into a voting machine from half a mile away using cheap, off-the-shelf equipment.

Colorado: Secretary of State proposing changes to voting machine security making the already-vulnerable equipment more susceptible to hacking | The Denver Post

The Colorado Secretary of State's office is considering changes that would relax security around electronic voting machines, making the already-vulnerable equipment more susceptible to hacking, opponents of the equipment and the draft rules said today. "There's nothing more important than election security," said attorney Paul Hultin, who represented several voters in a 2006 lawsuit that sought to eliminate use of the machines in Colorado. "It's a step back."

Richard Coolidge, public information officer for Secretary of State Scott Gessler, said the aim is to provide more guidance and clarity to county clerks, thereby creating more uniformity in how rules are applied. "We're trying to balance common sense, practical application with security on the other end," Coolidge said. "We can do that without compromising any security."

A public meeting is scheduled for 1 p.m. Thursday to provide input on the proposed changes. Formal rulemaking has not yet started, but the meeting is a likely first step toward the rulemaking process, Coolidge said.

Colorado: Some challenge Colorado voting machine rule proposal | The Pueblo Chieftain

Plaintiffs who prevailed in a lawsuit to decertify Colorado voting machines in 2006 spoke out Wednesday against Secretary of State Scott Gessler’s proposal to relax security protocols for the machines. Gessler has proposed a rule change that would eliminate his office’s mandatory inspection of voting machines in counties, lessen the requirement for tamper-proof seals on the machine, lift the mandate for clerks to report suspected tampering to the secretary of state and reduce the amount of video surveillance required for the machines.

“This is the culmination of about a year of work with our staff and county clerks’ staffs,” said Rich Coolidge, spokesman for the secretary of state’s office. Pueblo County Clerk Gilbert “Bo” Ortiz, president-elect of the County Clerks of Colorado, said the organization favors relaxing how direct recording electronic voting machines are monitored.

…Denver lawyer Paul Hultin, who represented voters in a 2006 lawsuit seeking to do away with terminals in the state, said if the new rules are adopted as Gessler has proposed them, the security of the voting machines will be compromised. Hultin, of the firm Wheeler Trigg O’Donnell, contends Gessler is overstepping his authority to relax the rules and is opening a door to fraud through computer hacking. He also worries that evidence on paper that could settle disputes and questions of fraud is not an option in electronic voting.

Colorado: Ballot transparency a statewide debate | AspenTimes.com

A candidate's request to inspect ballots cast in Aspen's 2009 municipal election has set in motion similar efforts around Colorado. The end result might be new rules that govern the review of ballots or that withhold them from public inspection altogether.

Meanwhile, Aspen resident and 2009 mayoral candidate Marilyn Marks is expected to review on Tuesday 100 ballots cast in Pitkin County's Nov. 1 election. Rather than simply eye the ballots, though, Marks has suggested that county Clerk and Recorder Janice Vos Caudill and a group of election officials look over 100 to 200 ballots with Marks and discuss whether any of them are “identifiable.”

The potential to link a voter to a particular ballot via various election information that is available to the public through the Colorado Open Records Act (CORA) has emerged as a concern among county clerks across the state as they respond to ballot requests from Marks and others.

Colorado: Election Commission punts request to view ballots | AspenTimes.com

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.”

Colorado: Aspen city attorney says opinion to commission is confidential | AspenTimes

Aspen City Attorney John Worcester on Wednesday declined to release contents of his opinion surrounding the role and independence of the city's Election Commission, saying that to do so would violate attorney-client privilege. Worcester rendered the opinion to members of the City Council and Election Commission on Tuesday. It deals with questions posed in a public meeting last week by election commissioner Ward Hauenstein, such as whether the government entity has the right to seek independent counsel and also if the commission is an official custodian of election records, such as ballots cast in past elections.

“The whole thing is confidential,” Worcester said. “I can't waive that confidence. The City Council or Election Commission could if they wanted to. It's not my privilege to waive, it's theirs.” He said that an individual council member or commissioner cannot release the answers. The council or commission would have to meet as a whole, with a majority vote necessary to make the information public.

Colorado: Voters’ secret ballots may not be so secret after ruling | GJSentinel.com

The state’s county clerks plan to ask the Colorado Legislature when it reconvenes in January to make ballots exempt from the Colorado Open Records Act. The clerks say a Colorado Court of Appeals ruling in August that ballots are public records has turned election law on its head and could allow someone to find out how people voted, no matter how careful clerks are in guarding voter secrecy. But fixing the problem could be more problematic than most people think, Mesa County Clerk Sheila Reiner said.

Reiner and Jefferson County Clerk Pam Anderson, who are facing identical lawsuits demanding to make their ballots public, say doing so would identify individual voters and how they voted. As a result, they think ballots should be made exempt from open-records laws. … Some people disagree, saying a balance can be struck that maintains election transparency without violating secrecy laws.

Colorado: Aspen files to appeal ballot-images ruling | AspenTimes.com

The city of Aspen has officially filed a motion to appeal a recent state Court of Appeals ruling that favored political activist Marilyn Marks' lawsuit challenging the city's denial of her request to view ballot images from the 2009 mayor's race. According to the city, the Court of Appeals erred when it held that the Colorado Constitution does not protect the secrecy of ballots. The city's filing of a “writ of certiorari” to the state Supreme Court does not mean the higher court will consider the appeal.

The motion carries Wednesday's date, beating the Monday deadline to appeal the ruling by five calendar days. City Attorney John Worcester and Special Counsel James R. True are listed as the attorneys for the petitioner, the city of Aspen and City Clerk Kathryn Koch.

Colorado: Town fares well with first IRV election | Telluride Daily Planet

When Telluride voters hit the polls on Tuesday, they opened up a different looking town ballot. Instead of just marking their favorite mayoral candidate like usual, voters were asked to rank the candidates by first, second and third preference.

It represented the town’s first foray into instant runoff voting, a rare type of voting that’s used in elections in which more than two candidates are running for one spot, such as mayor. Instant runoff voting, or IRV, is a ranked system designed to help ensure a true majority win and eliminate the “Nadar effect” that can happen in a three-way race.

Colorado: Aspen election commissioner wants outside opinion | AspenTimes.com

A member of the Aspen Election Commission said he is seeking a “second opinion” from an outside attorney on whether the commission should approve two public-records requests to inspect paper ballots cast in May's municipal election. During Wednesday's commission meeting, member Ward Hauenstein asked City Attorney John Worcester for his legal opinions on the matter, but noted that he also has sought independent counsel. Hauenstein said he likely will ask the Aspen City Council to pay for the outside legal fees at an upcoming meeting.

In his capacity as city attorney, Worcester also provides legal advice to city boards and commissions, such as the Election Commission. But he also is representing the city in its battle against political activist Marilyn Marks' lawsuit, which stems from the city clerk's denial of her request to examine ballot images from the 2009 mayor's race.

Colorado: Inactive voters playing major role in Pueblo County election | The Colorado Independent

Pueblo County Clerk Gilbert “Bo” Ortiz defended his right to send ballots to “inactive voters” this year over the objections of Secretary of State Scott Gessler. Ortiz told the Colorado Independent he believes his main objective as clerk is to facilitate participation in elections and, on that score, he has succeeded. As of Monday night, 16 percent of the county’s roughly 17,000 inactive voters had cast ballots. That’s 2,700 votes, nearly 9 percent of all votes cast in the county, which is a lot of votes.

“This means that Pueblo['s] [inactive] voters responded and will have a significant impact on this year’s election,” Ortiz said. “The bottom line is that all registered voters had the opportunity to cast a vote. And the more people who participate, the stronger our community.”

Colorado: All-mail election turnout could exceed past off-year contests | Aspen Daily News Online

A total of 1,813 Pitkin County voters have cast ballots in this fall’s all mail-in election and turnout is on track to exceed prior off-year elections. The county issued a total of 10,720 ballots for this year’s election. That included a late addition of about 2,500 “inactive” voters, earlier this month, who were to be excluded, said elections manager Dwight Shellman.

The clerk’s office began receiving high volumes of ballots in the mail on Oct. 17. Wednesday was the most ballots the county had received yet in a single day so far, with 296, Shellman reported. Turnout is typically low in odd-numbered election years, like 2011, in which there are no state or national candidates on the ballot. Over the last decade, those contests have averaged about 3,200 ballots. Before ballots began coming in this year, Shellman said he was expecting between 3,500 and 4,500. “We would be over the moon if we hit the high end of that,” he said.

Colorado: Law prohibits U.S. Postal Service from forwarding Boulder County ballots | Longmont Times-Call

The Boulder County Clerk and Recorder's Office reports that more than 9,000 blank ballots it mailed to voters earlier this month have been returned as undeliverable. That typically means that those voters moved but didn't update the addresses on their official voter-registration records.

A state law intended to prevent no-longer-eligible voters from casting prohibits the U.S. Postal Service from forwarding ballots. Residents who think they're properly registered but who haven't received a ballot in the mail can call their county clerks' elections divisions or check their registration information online and still get a ballot. Voters also can get replacement ballots if they've spoiled, defaced or lost the originals.

Colorado: Pitkin County to release a handful of ballots | Aspen Daily News

The Pitkin County Clerk and Recorder’s Office will grant Marilyn Marks’ request to inspect a handful of ballots cast in the 2010 election, County Clerk Janice Vos Caudill announced Monday.

Specifically, Marks — an Aspen resident and a self-described election transparency activist — and anyone else who is interested, will be able to eyeball five to 10 of the ballots from precinct 6, which mostly encompasses Snowmass Village. The review will be conducted Thursday under the watchful eye of Vos Caudill and county elections manager Dwight Shellman, as well as video cameras.

Marks and other observers will not be able to touch the ballots, which will be returned to the ballot box after the review. “What I’m trying to do is break the ice,” Marks said, acknowledging that Thursday’s limited review will be mostly symbolic in her quest for election transparency. “We just need to get used to the idea that this is no big deal ... [and] demonstrate to the press and the council that ballots are anonymous.”

Colorado: Vets press Gessler to drop voter ballot case | The Colorado Independent

Richard Allen Smith, Afghan war veteran and vice chairman of national soldier and veteran advocacy organization VoteVets, on Thursday hand delivered a petition with more than 9,000 signatures asking Colorado Secretary of State Scott Gessler to drop the lawsuit he filed seeking to prevent counties in the state from mailing ballots to inactive voters, including to soldiers serving away from home. The organization is asking Gessler to accept a decision handed down in district court last week finding insupportable Gessler’s interpretation of election law in the matter.

“I didn’t meet Gessler,” Smith told the Colorado Independent on his way back from the office. “I met two people from the Elections Division. They were polite and professional but they didn’t let on about Gessler’s plans. Actually, one of them seemed more interested in sharpshooting our petition.”

Smith said that, of the 9,000 signatures he delivered, 3,400 were signatures from veterans. He said the petition contained the full names, addresses and, where appropriate, veteran status. The Elections Division staffer, however, suggested that wasn’t enough.

Colorado: Marks seeks the release of Pitkin County ballots | Aspen Daily News

A recent Court of Appeals ruling that voted ballots are accessible public records is being put to the test. Marilyn Marks has submitted a Colorado Open Records Act (CORA) request to the Pitkin County Clerk and Recorder’s Office, seeking to inspect a sample of voted ballots from the 2010 election.

Pitkin County Clerk Janice Vos Caudill said she is reviewing Marks’ request with County Attorney John Ely. Her office has yet to decide whether to grant the open records filing, and has asked for seven additional days to respond, while normally she would have to answer in three. The extra time, which Marks said is OK with her, puts the deadline at Oct. 18.

The Colorado Court of Appeals released a ruling on Sept. 29 which sided with Marks in her case against the city of Aspen. Marks sued the city after officials denied her CORA request to inspect digital copies of ballots from the May 2009 municipal election, in which Marks was a losing mayoral candidate. The election was also the first and only in the city to use instant runoff voting, a system where voters ranked candidate preferences and those choices were used to simulate later runoff contests.

Colorado: Fairness questioned as 9 mostly Democratic Colorado counties to mail inactive voters ballots | The Denver Post

Officials in at least nine counties plan to mail ballots to inactive voters for the Nov. 1 election — a decision some believe could give a boost to a statewide ballot measure to raise taxes for education. The counties — all but two of which lean or are heavily Democratic — are home to about 107,000 voters considered "inactive/failed to vote."

Victor Mitchell, a former state representative from Douglas County who is leading the opposition to Proposition 103, said Tuesday the fact that some counties are mailing to inactive voters while others are not is "a form of gerrymandering and voter manipulation" that creates an unlevel playing field.

"It will clearly have an effect," Mitchell said. "Will it be enough to put (Proposition 103) over the top? I certainly hope not." Proposition 103, the only statewide measure on next month's ballot, would raise taxes for five years to generate $3 billion for education.

Colorado: More counties sending ballots to inactive voters | The Pueblo Chieftain

Boulder and Pitkin counties have reversed course and will send election ballots to inactive voters this month, the Colorado Secretary of State Scott Gessler's office confirmed Monday. That turnaround comes only two days after a Denver district judge refused to block Denver and Pueblo counties from doing so.

Boulder will send ballots to about 24,000 inactive voters, while Pitkin will send out about 2,500 ballots. Mesa County officials also notified Gessler on Monday that they will send ballots to their inactive military and overseas voters only, but not to inactive voters within their county. El Paso County, which has a heavy registration of overseas military voters, was the target of protests Friday from one veterans group objecting to Clerk Wayne Williams' decision not to send ballots to about 800 inactive military voters. Williams reaffirmed after the court ruling that his county does not intend to send ballots to any of its 63,000 inactive voters, regardless of Friday's court ruling.

Colorado: Judge’s ruling allows Nov. 1 election ballots to be sent to inactive voters | The Denver Post

Thousands of inactive voters in two Democratic strongholds will be mailed ballots for the Nov. 1 election following a judge's ruling Friday. Denver District Judge Brian Whitney denied a motion for a preliminary injunction filed by Secretary of State Scott Gessler, who argued that state law prevents Denver Clerk and Recorder Debra Johnson from mailing ballots to inactive voters.

Following the decision, Johnson and Pueblo County Clerk and Recorder Gilbert Ortiz said they will proceed with plans to mail ballots to those voters — about 54,000 in Denver and 17,000 in Pueblo.

Colorado: Judge: Denver may send ballots to inactive voters | The Denver Post

Denver Clerk and Recorder Debra Johnson may send ballots to inactive voters, District Court Judge Brian Whitney ruled this afternoon. Secretary of State Scott Gessler asked Whitney last month to issue a preliminary injunction stopping Johnson's office from sending mail ballots to voters classified as "inactive failed to vote."

Those voters — about 54,357 in Denver county, or about 12 percent of all registered voters — are voters who didn't vote in the 2010 general election or any subsequent election. They also failed to respond to postcards from their clerk and recorder asking whether they want a ballot for the Nov. 1 election.

Gessler, a Republican, said he wanted to ensure the statewide uniformity of the election. Although the judge refused to issue a preliminary injunction, Gessler's suit may continue. The Secretary of State's attorney also said Gessler may issue a rule on the issue.

Colorado: Crowd gathering for court battle over inactive voters | The Pueblo Chieftain

Like a fistfight in the street, the judicial showdown between Colorado Secretary of State Scott Gessler and two county clerks — Pueblo County's Gilbert "Bo" Ortiz and Denver Clerk Debra Johnson — is starting to draw a crowd as both sides head for a court hearing today in Denver.

Denver District Judge Brian Whitney is scheduled to hear Gessler's request for an injunction against Denver County at 1 p.m. today. Ortiz will be there, along with Pueblo County Attorney Dan Kogovsek, hoping Whitney will accept their filing to be included in the courtroom fight.

The dispute pits Gessler, a Republican, against Ortiz and Johnson, both Democrats, over the issue of whether the clerks can send mail ballots to inactive voters in those counties. Inactive voters are those who didn't vote in the 2010 election or freshen their registration since then.

Colorado: Aspen to appeal ruling over ballot images | AspenTimes.com

In a somewhat expected move, the city of Aspen has decided to appeal last week's state appellate court judgment that said local political activist Marilyn Marks has a right to inspect ballot images from the 2009 mayoral election. “The Aspen City Council has directed staff to appeal the Marks v. Koch case to the Colorado Supreme Court,” says a statement released Tuesday from the City Attorney's Office. “At issue in the lawsuit, which was originally filed in 2009, is the right of citizens to expect that their cast ballots will remain secret.”

The city maintains that it is residents' constitutional right to vote their consciences knowing that their ballots will remain “forever secret,” the prepared statement says. The lawsuit against City Clerk Kathryn Koch, who declined Marks' request to view ballot images from the spring election that Marks lost, states that the Colorado Open Records Act and other state laws allow public ballot inspection as long as it is not possible to discern a voter's identity. “This case is not about election transparency,” the city's statement reads. “The 2009 municipal election was one of the most transparent elections in city and state history. This case involves the sanctity of the secret ballot.”

Colorado: Pueblo County clerk joins lawsuit over ballots for inactive voters | The Denver Post

Vowing to protect the right to vote for military personnel overseas, Pueblo County Clerk and Recorder Gilbert Ortiz announced Wednesday that he is joining the lawsuit between Secretary of State Scott Gessler and Denver Clerk and Recorder Debra Johnson.

Last week, Gessler, a Republican, sent a letter warning Ortiz that if he mailed ballots to inactive voters who are eligible to vote, he would be named in the lawsuit by Gessler's office. Ortiz and Johnson are Democrats.

At the time, Ortiz said he would "reluctantly" comply with Gessler's order not to mail ballots to 64 inactive military voters but indicated that the dispute of whether inactive voters should receive mail ballots was not over.