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.