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.

Colorado: Saguache County, Colorado state officials at odds over access to ballots | The Pueblo Chieftain

Attorneys in a dispute between the Saguache County clerk and recorder and the secretary of state exchanged arguments Tuesday over the state’s authority to conduct an election review and the privacy of voted ballots. Colorado Secretary of State Scott Gessler sued Clerk Melinda Myers in March for access to the ballots, prompting 3 1/2 hours of testimony and argument in Saguache County District Court.

Gessler called for a review of the election that would include a hand count of the ballots, although the findings would not change the election results.

The aim of the review is to calm controversy over an election in which the clerk’s office conducted a second count of the ballots with state approval that flipped the results in favor of Myers and Linda Joseph, an incumbent Democratic county commissioner.

Colorado: Saguache County Clerk Myers produces ES&S M650 audit logs | Center Post Dispatch

Assisted by two election judges, County Clerk Melinda Myers supervised the printout of 49 pages of audit logs from the M650 voting machine last Thursday, covering machine operation records from Oct. 25 to April 13.

Judge Jessica DuBoe printed out the logs while a second judge, Peggy Godfrey, stood watch. The operation took just about an hour.

“ES&S [the machine’s distributor] first said we couldn’t do it,” Myers said. “It would have been nice to know Nov. 3.”

Colorado: Judge hears Colorado Secretary of State Gessler ballot request | Center Post Dispatch

Few surprises were in evidence Tuesday at the hearing on Sec. of State Scott Gessler’s request that he be allowed to obtain the ballots for the 2010 Saguache General election to conduct a hand review with citizens present.

… Hagihara told Knaiser that the logic and accuracy pre-election test was run properly except for the fact that test ballots were used. He also said Myers asked the SOS to come to Saguache to review the November 2010 election after discovering “votes cast didn’t match votes counted.”

According to Hagihara, when the SOS came Nov. 15-16 to run the ballots back through the M650 (only the number of ballots, not the votes themselves were counted), the totals that were recorded were the correct totals, even though a commissioner’s and the clerk’s race were overturned. This determined that the Nov. 5 retabulation, not the Nov. 2 totals was the correct result.

Colorado: Gov. Hickenlooper signs bill setting Colorado primary earlier to help military personnel vote | Daily Journal

Gov. John Hickenlooper signed a bill Friday that changes some election dates in Colorado so the state complies with a federal law aimed at giving military and others living overseas enough time to vote.

The bill Hickenlooper signed into law makes Colorado’s primary elections and precinct caucuses happen earlier on even-numbered years and requires that mail-in ballots be delivered or mailed to military personnel serving overseas 45 days before an election so they have enough time to vote and have their ballots counted. It’s part of a provision of the Military and Overseas Voter Act that Congress passed in 2009.

Before the new law, Colorado mailed out ballots to military and other voters overseas 30 days before elections.

Colorado: Are Denver’s elections costing too much? | KWGN

Four candidates are running for Clerk & Recorder in Denver, and one of them, Jacob Werther, is claiming the all-mail ballot election is costing the City too much. “I’m thinking about four dollars a ballot,” said Werther.  “When you factor in the paper and the labor involved in handling 290-thousand ballots it’s about 1.2 million dollars.”…

Colorado: Colorado Senate Democrats kill voter ID proposal | KWGN

Senate Democrats have killed two more bills from the GOP-controlled House, both of which dealt with the issue of illegal immigration. A controversial proposal to reduce alleged voter fraud, House 1252 would have allowed the Secretary of State’s office to cross-check the state’s voter rolls with immigration databases and to send letters demanding further proof…

Colorado: Colorado Secretary of State Gessler says Saguache election not certified | Center Post Dispatch

Three Saguache residents met with Secretary of State Scott Gessler and his staff in Denver last week for an update on Gessler’s lawsuit against Saguache County Clerk Melinda Myers and to discuss election-related issues. Former commissioner’s candidate, Republican Steve Carlson, Democrat Lisa Cyriacks, who served on the Saguache Canvass Board and Library District proponent Judy…

Colorado: Colorado Secretrary of State Gessler sues Saguache County Clerk Myers | Center Post Dispatch

Secretary of State Scott Gessler answered citizens’ questions and objections, interjected jokes and qualified election perceptions at length during a two-hour town hall meeting in Saguache Wednesday. A good-sized crowd listened intently as Gessler explained the role his office played in the election, separated his approach to the election problems the county has experienced from…