Colorado: Ethics Watch Files Amicus Brief In Saguache HAVA Case | Colorado Ethics Watch

Today, the Denver District Court accepted an amicus curiae (friend of the court) brief filed by Ethics Watch in a Help America Vote Act (HAVA) case arising out of the 2010 election in Saguache County. The suit was filed by Marilyn Marks against Secretary of State Scott Gessler after the Secretary of State’s office dismissed her HAVA complaint for lack of standing.

HAVA requires states that accept federal funding under that act to establish administrative procedures allowing “any person” to file a complaint. Marks alleges that the Secretary of State’s office dismissed her complaint without a hearing, relying on a state statute. Marks argues that the federal statute must control.

Colorado: The town of two elections – This fall, two Election Days for Telluride voters | Telluride Daily Planet

This election season, Telluride voters will head to the polls on Tuesday, Nov. 1 to cast their votes on Election Day. And then a week later, they’ll do it again.

Because of conflicting state and town rules that dictate when elections take place, there will be two Election Days in San Miguel County this November. The double election will only affect Town of Telluride voters; those who live outside of town boundaries will only vote in the coordinated election on Nov. 1. Telluride voters will vote in that election, and then a week later will vote in the town’s municipal election on Nov. 8.

The situation is highly unusual. San Miguel County Clerk Kathleen Erie punched some numbers and estimates that a double-Election Day won’t occur again until 2033. Telluride Mayor Stu Fraser said he hopes that it will never occur again — the town will likely insert language to its election rules that will prevent this in the future, he said.

Colorado: Colorado Secretary of State Scott Gessler threatens to sue Denver over ballot flap involving inactive voters | The Denver Post

The Denver clerk and recorder said today she plans to send ballots to inactive voters for the Nov. 1 election despite a threat from the secretary of state to take her to court. The flap pits the state’s most powerful Democratic county against Colorado’s new Republican secretary of state, Scott Gessler.

“The City and County of Denver has consistently provided all eligible voters with ease of access to the voting franchise and we plan to continue to do so,” clerk Debra Johnson said today in a statement.

Gessler’s office said the law limits the mailings to active voters only. “It’s clear under state law that counties can only mail to active registered voters,” spokesman Rich Coolidge said. Coolidge cited the law’s language that says, “the designated election official shall mail to each active registered elector” to support Gessler’s threat.

Colorado: Aspen woman sues Mesa County elections officals over voting records | nbc11 news

An issue of voter secrecy or government transparency in elections? That’s the question at the center of one woman’s lawsuit against Mesa County elections officials. Following the 2010 elections, leaders in Saguache County came under heavy scrutiny when it was discovered there were several problems with the counting of ballots there. Their county uses the same voting system used in both Mesa County and Jefferson County.

“As we have uncovered a number of problems with the ES&S product in Saguache County, I became curious about how it operated in Mesa and Jefferson,” said Marilyn Marks, an elections activist who lives in Aspen.

When it comes to ensuring fair and accurate elections, Mesa County Clerk and Recorder Sheila Reiner says her elections department is among the best. “Here in Mesa County we pride ourselves on being leaders in security, accuracy, and transparency,” said Reiner. But it’s the transparency piece where Marks says Mesa County is among the worst.

Colorado: Review of Saguache ballots not transparent, citizens maintain | Center Post Dispatch

The majority of those participating in the hand count of the Saguache 2010 election Aug. 29-31are in agreement that key materials they needed to review in order to determine the cause of election irregularities were withheld from the public.

The count varied little from the initial totals released by the county following the SOS review of the retabulation and the subsequent recount. Most importantly, judges were not allowed to break mail-in ballots into precincts for a close examination or to count Precinct 5 votes as a separate group.

Colorado: Mesa, Jefferson County clerks seek court order to withhold Colorado Open Record Act-requested ballots | Valley Courier

In an attempt to obtain a court ruling differing from Saguache District Judge Martin Gonzales’ recent decision that ballots are public records, two Colorado county clerks have simultaneously requested court orders to withhold voted ballots from public inspection.

Mesa County Clerk Sheila Reiner and Jefferson County Clerk Pamela Anderson filed almost identical documents seeking the decisions yesterday in Grand Junction and Golden. Both clerks received Colorado Open Record Act (CORA) requests from Aspen election integrity advocate Marilyn Marks last month and both refused to supply the documents Marks requested.

Marks sought three specific types of voting records: the record of how each anonymous electronic ballot was voted, primarily, but also computer audits and system logs. Both clerks claim to have destroyed the computer audits and system logs, despite the fact that federal and state law requires a two-year retention period.

Colorado: Judge rules Secretary of State has access to election ballots; recall of Saguache County Clerk initiated | Crestone Eagle

According to District Judge Martin Gonzales, Saguache County Clerk Melinda Myers must allow Secretary of State Scott Gessler to have access to Saguache County’s voted ballots from the November 2010 election. 31. He plans to recount them the end of August. As promised prior to the hearing, Myers has agreed to follow the Judge’s ruling and turn over ballots.

But even as the Clerk and Commissioners sought clarity on the ballot issue, a group of citizens calling themselves the Committee to Recall Melinda Myers as County Clerk and Recorder continue to gather signatures on a recall petition. They hope to put the recall on the ballot in a special election, probably after the November 2011 regular election.

The controversy over the County Clerk stems from the November 2010 vote count, where a discrepancy was found between the first vote count, which was made on election night, and another vote count done on November 5.

Colorado: 16 counties go forward with English-only ballots after federal delay | The Denver Post

Sixteen Colorado counties are printing ballots this week in English but not Spanish for the November election after waiting in vain for months for a federal Voting Rights Act mandate.

The counties had expected to be ordered by the U.S. Justice Department to supply ballots in Spanish as well as English because populations of Spanish-speaking voters had increased to a level that could trigger a requirement for dual-language ballots under the 1973 act.

But ballots were certified Friday by Colorado Secretary of State Scott Gessler, and a spokesman for his office said it is too late for Spanish ballots. “That ship has sailed,” said Gessler spokesman Rich Coolidge.

Colorado: Citizens challenge Secretary of State’s plan, discover ballot irregularities | Center Post Dispatch

The review of the 2010 ballots, won by Sec. of State Scott Gessler last month began in Saguache Monday, with a core group of volunteers offering to serve as judges and observers for the hand count. Judge Martin Gonzales ruled in Gessler’s favor Aug. 11 allowing the SOS to view voted ballots, which Gonzales determined “may be subjected to public inspection.” His ruling shot down Saguache County Clerk Melinda Myers’ contention that such a review would violate voters’ rights to secrecy.

Directives for the review issued by the SOS last week did not preclude the counting of mail-in ballots separated out into precincts. But Jessica Duboe, Democrat judge for the Nov. 2 election told the SOS that the mail-in ballots were not sorted by precinct and indicated they should not be disturbed. Duboe added that she was speaking as a representative of the clerk’s office.

The group peppered Secretary of State’s Office (SOS) staff with questions about how the review should be conducted and what should be reviewed. They protested that the votes cast in Prec. 5 (Crestone) have been in question since the election and since they were largely mail-in, should be counted as a precinct in order to decide if the Nov. 5 “retabulation” of these votes following the discovery of the error was accurate.

Colorado: Contested Saguache County election gets public scrutiny, vote by vote | The Denver Post

Last fall’s general election in sparsely populated Saguache County already is one of the most scrutinized in Colorado history, having prompted a report by the secretary of state, a statewide grand jury investigation and at least three lawsuits. Yet this week Saguache is setting a new precedent for election transparency in Colorado, playing host to what state officials believe is the first public review of voted ballots and other election materials of its kind.

And when the days-long recount of the approximately 2,500 ballots is complete — possibly late today, maybe Thursday — absolutely none of last fall’s results will change. That’s OK with Steve Carlson, the 2010 Republican candidate for county commissioner who went home on election night thinking he’d won, only to have the results flipped a few days later. While his race is one of the two controversial races being recounted, Carlson insists what’s at play here is something more important than a commissioner’s seat.

Colorado: Judge rules Secretary of State has access to election ballots; recall of Saguache County Clerk initiated | Crestone Eagle

According to District Judge Martin Gonzales, Saguache County Clerk Melinda Myers must allow Secretary of State Scott Gessler to have access to Saguache County’s voted ballots from the November 2010 election. 31. He plans to recount them the end of August. As promised prior to the hearing,

Myers has agreed to follow the Judge’s ruling and turn over ballots. But even as the Clerk and Commissioners sought clarity on the ballot issue, a group of citizens calling themselves the Committee to Recall Melinda Myers as County Clerk and Recorder continue to gather signatures on a recall petition. They hope to put the recall on the ballot in a special election, probably after the November 2011 regular election.

Colorado: State eyes next week for Saguache review | The Pueblo Chieftain

State election officials will hold a review next week of the Saguache County election, although specific dates remain to be finalized, a spokesman for Secretary of State Scott Gessler said Tuesday. Spokesman Andrew Cole said the review might run for part of Monday and all of Tuesday and Wednesday at the Saguache Community Building. He expected those details to be ironed out today.

The review called for by the secretary of state aims to calm controversy over the November election by putting the ballots from the election in front of at least 12 county voters who will be sworn in as election judges. “Hopefully, the idea of the review is to try to instill faith in the election that took place,” Cole said.

Colorado: Secretary of State to review Saguache County ballots | The Denver Post

The Secretary of State will conduct a public review of voted ballots and other materials from the Saguache County 2010 general election next week. The review is an effort to “remove doubt regarding the election results” among Saguache County residents, according to a five-page review and verification plan released today by Secretary of State Scott Gessler’s office. The review will not change the outcome of the election.

Four teams of three people — including volunteers from the Saguache County Democratic and Republican parties, as well as independent voters — will conduct the verification process beginning Monday at the Saguache Community Center. Three races will be reviewed: clerk and recorder, county commissioner and the University of Colorado Board of Regents race. The public and media will be allowed to observe, and the entire process will be videotaped.

Colorado: Colorado congressman wants ballots printed only in English | The Denver Post

U.S. Rep. Mike Coffman announced plans Wednesday to introduce legislation that would repeal a section of the 1973 Voting Rights Act that requires jurisdictions with large populations of nonproficient English speakers to print ballots in more than one language.

Coffman, R-Colo., asserts that Section 203 of the Voting Rights Act is an unnecessary and unfunded federal mandate that can be a financial hardship for some jurisdictions because of the increased cost of translating and printing election materials and mailing larger ballots.

Colorado: Saguache Co. clerk ordered to turn over ballots | The Denver Post

The Saguache County clerk must turn over ballots from the problem-plagued 2010 general election for inspection by the Colorado secretary of state, a district court judge ruled today.

“To prevent errors in future elections, the Secretary as a higher authority must be allowed (sic) review all aspects of a prior election to determine whether the clerks have complied with existing procedures,” Judge Martin Gonzales stated in a written order. “Otherwise, the errors may be repeated in future elections.”

Gonzales also said voted ballots “may be subjected to public inspection” as long as they do not disclose the voter’s identity. Secretary of State Scott Gessler sued Saguache County Clerk Melinda Myers earlier this year, after Myers refused to turn over ballots for a public review by Gessler’s office.

Colorado: Saguache ballots to be part of election review | The Pueblo Chieftain

The state can conduct a public review of November’s election in Saguache County election that includes voted ballots, District Court Judge Martin Gonzales ruled Thursday evening. Secretary of State Scott Gessler sued county Clerk & Recorder Melinda Myers in March after she had refused to turn over the ballots and argued that a public review would violate the secrecy of the ballot.

Gonzales ruled the defense had not established that ballots contained information that would identify a voter. Moreover, the ruling stated that requesting the ballots for the review was within Gessler’s powers.

It compared inclusion of ballots in the review to an auditor’s need to see invoices, checks and receipts.  “Likewise, the secretary cannot review the adequacy of procedures used in ballot counts without reviewing the voted ballots,” the ruling stated.

Colorado: Myers says SOS would ok ES&S M650 use for recall | Center Post Dispatch

According to an article on the BOCC recall petition hearing in the Pueblo Chieftain last week, Saguache County Clerk Melinda Myers says the Secretary of State’s (SOS) Office would permit the use of the M650 to tabulate recall election results.

The recall committee for Myers represented by former commissioner’s candidate Steve Carlson requested Aug. 2 that Saguache Commissioners appoint an official other than Myers to conduct the recall election and asked that the votes in the election be counted by hand.

Commissioner Sam Pace announced that Saguache Treasurer Connie Trujillo had been appointed to oversee the recall election and would be assisted by a retired Colorado county clerk or other individual familiar with election processes. The decision to hand count the ballots would need to be made by Trujillo and her assistant, Pace said.

Colorado: Elections System and Software could face contempt charges | Alamosa Valley Courier

District Judge Martin Gonzales ruled Wednesday that Elections System and Software (ES&S), who failed to appear for their depositions in the Marilyn Marks v. Melinda Myers Colorado Open Records Act suit could be held in contempt of court. Denver attorney Robert McGuire, on behalf of his client, Aspen election integrity advocate Marilyn Marks filed the suit to force Saguache County Clerk Melinda Myers to turn over voting records and related documents Marks requested beginning last November. ES&S provided Saguache County with their M650 voting device and accompanying software used in the contested Nov. 2, 2010 election.

Gonzales ordered that the election firm appear in court to show cause why they should not be held in contempt for failing to appear for the scheduled depositions in June after he approved the issuance of a subpoena for the depositions. Marks later filed a motion with the court to hold ES&S in contempt unless they could show sufficient cause for refusing to honor the deposition subpoena. ES&S made no motion to file a protective order, protesting appearance on the grounds that the deposition would violate trade secrets and/or force the production of proprietary information. Nor did their attorneys move to quash the subpoena, court records show.

Colorado: Arapahoe County completes successful test of Web-based voter check-in | Littleton Independent

The Arapahoe County Clerk and Recorder’s Office completed a “stress test” Aug. 3 to determine the viability of using a web-based voter check-in system in the 2011 Coordinated Election. The goal of the test was to determine whether the county would be able to successfully connect to SCORE, the Colorado Secretary of State’s web-based pollbook of all registered voters, from 17 Vote Center locations on Election Day, Nov. 1, 2011.

“The stress test simulated an Election Day scenario, with a large number of voters being artificially checked in at our 17 vote center locations at once in order to place strain on the SCORE server and our network connections,” said Clerk and Recorder Nancy Doty. “Our systems handled the volume beautifully with no major issues with connectivity or download speeds. We plan to move ahead using the web-based pollbook starting this year, instead of the inches-thick paper pollbooks we have used for decades.”

Colorado: Weld County awaits federal decision on providing bilingual voting materials | Greeley Tribune

As the 2011 election season nears, Weld County is among 16 counties in Colorado that are waiting to find out whether they will be required to provide election materials in Spanish in November. The U.S. Department of Justice will hand down the decision in the next month, and county clerks will have to comply with the guidelines under Section 203 of the Voting Rights Act.

The 1973 Voting Rights Act states that areas with large Latino, Asian, American Indian and Alaskan populations provide voting materials in languages spoken by these minorities. According to the U.S. Department of Justice, that requirement affects counties in which more than 5 percent of voting-age residents are members of a single minority language group, provided that group also has depressed literacy rates. This data is determined by the most recent census.

Colorado: Recall petition submitted for Saguache clerk | The Pueblo Chieftain

A group seeking the ouster of Saguache County Clerk & Recorder Melinda Myers submitted its recall petition to the county Monday. While the group must still gather approximately 600 signatures from registered voters, the submission was the first step for a recall election that could take place in December or early next year.

The petition lists eight points as grounds for a recall of Myers, who was sworn in to a second term in January. It said she had demonstrated gross negligence in her sworn duties and notes that both a November review by the Colorado Secretary of State and a June report from a statewide grand jury documented failings by her office. It also claims Myers has obstructed a second review proposed by the  secretary of state’s office and that the secretary of state has received “numerous unresolved complaints” regarding the 2010 election.

Colorado: Saguache residents gear up to recall Myers | Center Post Dispatch

The Committee to Recall Melinda Myers as Saguache County Clerk and Recorder intended to file petitions Aug. 1 with the clerk’s office for approval. The committee is also seeking to ensure that the Board of County Commissioners follows the requirements of the statutes and hires another county clerk in order to guarantee the election is conducted in compliance with the state election code.

In their statement of grounds for recall, the group cites gross negligence on the part of Myers in fulfilling her sworn duties as Clerk and Recorder. It has been documented by the Secretary of State’s 2010 report and the statewide grand jury’s report that Myers admitted under oath that she failed in her responsibilities to the citizens of Saguache County, responsibilities that she also acknowledged under oath were hers. The conclusion of the grand jury report includes the statement: “Clerk Myers and her staff committed the violations in this report.”

Colorado: Guest Commentary: Wild West elections in one Colorado county | The Denver Post

The 2012 elections are big news, but the media are not reporting Colorado’s potential role in a national election fiasco.

Those who understand election equipment and procedures warn that Colorado elections cannot withstand close scrutiny. We call for changes to prevent humiliation if the national press attempts to verify Colorado’s election returns.

If Colorado were an “emerging democracy,” the Carter Center would reject calls to monitor our elections because we fail to meet their minimum transparency standards. If a national contest is decided by Colorado’s vote, as Bush/Gore was by Florida, press everywhere will severely criticize the “Wild West” elections in some Colorado counties.

Colorado: Colorado Secretary of State sued over election-complaints standard | The Denver Post

An Aspen election-integrity activist is suing Secretary of State Scott Gessler and his office, saying Colorado has set an overly restrictive standard for who may allege violations of federal election law.

“When an election irregularity occurs, it’s important that anyone be able to complain and have their complaint fully investigated,” Marilyn Marks said Wednesday. “If a very, very high hurdle is up, it will discourage complaints. It sends a message to the county clerks that ‘You don’t have to worry; we’re not going to let anyone complain.’ “

Marks filed a complaint in April alleging that violations of the federal Help America Vote Act occurred during the 2010 general election in Saguache County — an election so plagued with problems, it prompted a statewide grand jury investigation.

Colorado: ES&S representatives fail to show for ordered depositions | Center Post Dispatch

Election Systems and Software officials failed to appear for depositions earlier this month after Saguache District Judge Martin Gonzales ruled that the firm could be deposed for a Colorado Open Records Act (CORA) suit filed in February.

Denver attorney Robert McGuire, on behalf of his client, Aspen election integrity activist Marilyn Marks, filed the suit to force Saguache County Clerk Melinda Myers to turn over voting records and related documents Marks requested beginning in November 2010. McGuire waited for officials from the Nebraska firm for nearly an hour, he said, before deciding they would not appear.

Marks later filed a motion with the court to hold them in contempt unless they could show sufficient cause for refusing to honor the deposition subpoenas. ES&S made no motion to file a protective order (if their appearance would violate trade secrets and/or force the production of proprietary information) nor did their attorneys move to quash the subpoena, court records show.

Colorado: Stagner files affidavit with Saguache court | Center Post Dispatch

Republican Linda Stagner filed an affidavit last week with Saguache County Court protesting County Clerk Melinda Myers’ testimony May 31 during Sec. of State Scott Gessler’s suit to review ballots from the 2010 election. Following publication of a letter to the editor in last week’s issue of the Center Post-Dispatch, Stagner followed up with the following statement in her affidavit.

“At no time on election day or any other time was I told by an SOS official or county clerk staff that covering the over-votes on the ballots was a violation of law or to stop that practice.

“I want the court to know that testimony given in this case was inaccurate at the very least. Again, at no time was I told that the instructions given by ES&S to cover over-votes was illegal and that we were to ignore it. There were four election judges. Why would only one judge be told something this important? All judges were in the counting room during counting and each judge signed every ballot on which adjustments had been made.

Colorado: Saguache clerk cleared in election investigation | The Pueblo Chieftain

A statewide grand jury cleared Saguache County Clerk and Recorder Melinda Myers of any criminal wrongdoing in the November election, according to a report released through the Colorado Attorney General’s Office Tuesday.

“The results of the 2010 general election were a product of the votes of the citizens of Saguache County and were not affected by individual violations of the procedural rules by the clerk and others,” the report concluded.

Myers said in a written statement she hoped the findings would put the election controversy to rest and provide citizens with confidence that the will of the voters was reflected in the election.

Colorado: No indictments issued in Saguache election | Valley Courier

The grand jury report on the Saguache County 2010 General Election was released Tuesday afternoon by the State Attorney General’s Office but no indictments were returned in the investigation.

The report relates that Saguache County Clerk Melinda Myers did admit during her testimony that she failed to follow the Secretary of State (SOS) rules during the election.

In commentary submitted to the grand jury following its decision, Myers stated that she was “encouraged to see the conclusions so well explained and hope that we can finally put this election to rest.”

Colorado: Editorial: Restore Saguache voters’ faith with public recount | The Denver Post

A statewide grand jury’s finding that Saguache County’s controversial elections last fall ultimately were decided correctly should reassure local residents. Members of the panel went through events in minute detail and wrote a report that persuasively explains how procedural problems did not affect the outcome of the election.

It seems that information and transparency can go a long way toward defusing an explosive situation. We wish Saguache County Clerk and Recorder Melinda Myers, who was cleared of any criminal wrongdoing, would fully embrace that message.

Myers remains engaged in a court battle with Secretary of State Scott Gessler over his plan to hold a public recounting of votes in that election.

Colorado: Secretary of State backs Marks in Colorado election suit | Aspen Daily News

Colorado’s chief election official says he believes that an unsuccessful Aspen mayoral candidate deserves to win a lawsuit against the city demanding access to ballot images from the 2009 municipal election.

The suit filed by City Hall critic and ‘09 candidate for mayor Marilyn Marks was dismissed last year by local District Judge James Boyd. Marks has appealed the dismissal.

Judge Boyd agreed with city attorneys that allowing the public to inspect photographic images made of the ballots cast in the May 5, 2009 election would violate state law protecting secret voting. City Clerk Kathryn Koch denied an open records request from Marks to view the ballot images, prompting Marks to sue for access.