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.

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: Moffat County Colorado tweaking election format to all vote-by-mail | Craig Daily Press

Moffat County Elections Supervisor Stephanie Beckett said Moffat County has been behind the curve by not conducting coordinated elections by mail-in ballot only.

“Most of the state already does that,” Beckett said. “We were one of four counties last year in the election that did not have an all-mail ballot election, and it just seems like voters are leaning that way, to have their ballots mailed to them.”

Colorado: Colorado Attorney General’s office answers Saguache clerk | Valley Courier

Colorado Deputy Attorney General Maurice Knaizer issued a response last Friday to the recent brief filed by Saguache County Clerk Melinda Myers and the Colorado County Clerk AssociationТs (CCCA) amicus brief.

The briefs were filed concerning the injunction entered against Myers by Secretary of State Scott Gessler in March to hand count ballots cast in the Saguache 2010 General Election. The injunction was sought after Myers refused to allow Gessler to review the ballots, protesting that this would violate the confidential nature of ballots cast.

Colorado: Colorado Secretary of State Gessler attorney responds to Saguache County Clerk Myers | Center Post Dispatch

Colorado Deputy Attorney General Maurice Knaizer issued a response last Friday to the recent brief filed by Saguache County Clerk Melinda Myers and the Colorado County Clerk Association’s (CCCA) amicus brief.

The briefs were filed concerning the injunction entered against Myers by Secretary of State Scott Gessler in March to hand count ballots cast in the Saguache 2010 General Election. The injunction was sought after Myers refused to allow Gessler to review the ballots, protesting that this would violate the confidential nature of ballots cast.

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.”

He says if the city would go to a full Ballot on-demand system, where ballots are printed out when voters show up at the polls, this election could have come in for about $600,000 and that includes 60 polling places with eight judges at each location.

Colorado: ES&S voting system report raises red flags | Center Post Dispatch

When Secretary of State Scott Gessler held his town hall in Saguache March 15, he told county residents that he had requested the distributor of the M650 voting machine to provide him with a report of Saguache election records.

On March 28, Elections Systems and Software (ES&S) sent Gessler a copy of the M650’s Unity software system log and a report on the election tabulation issues for his office to examine. The system log reported the activity on the election reporting software resident on the laptop used by County election staff.

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 of citizenship to any registered voters whose status appeared to be in doubt.

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 Page, also Aspen vote integrity advocate Marilyn Marks, met with Gessler for over two hours.

Colorado: Saguache Clerk Myers responds to Secretary of State Gessler’s suit | Examiner.com

Saguache County Clerk Melinda Myers, represented by County Attorney Ben Gibbons issued an answer last week to a suit filed last month by Sec. of State Scott Gessler, seeking voted ballots from the Nov. 2 election.

“Defendant specifically denies the allegation contained in paragraph 8 of the Complaint that she or her staff ever altered any ballot…Defendant Myers answers the allegations contained in paragraph 11 of the Complaint by stating that she did initially agree to permit election officials and members of the Plaintiff’s office to review the voted ballots.”

Colorado: Saguache County Colorado clerk tells court ballots should be kept secret, even from state | Denver Post

Voted ballots should be kept secret, secure and off-limits for public inspection — even if the person asking is Colorado’s top election official, the Saguache County clerk and recorder has argued in a court filing.

Melinda Myers said Colorado Secretary of State Scott Gessler doesn’t have the authority to conduct a “hand review” of voted ballots from the county’s 2010 general election. Allowing such a review “would violate the confidentiality historically afforded a voted ballot in Colorado,” Saguache County attorney Benjamin Gibbons wrote in response to a lawsuit filed against Myers by Gessler’s office last month.

Colorado: Fort Collins Colorado voters say no to ranked voting | The Coloradoan

Fort Collins voters are not interested in changing how the city runs its elections. Voters on Tuesday rejected a ballot proposal that would have had the city adopt a ranked-choice voting system in municipal elections designed to ensure that winning candidates enjoy the support of a majority of those casting ballots.

The proposal, which was endorsed by several local politicians and political organizations, fell well short of getting a majority of support, failing with 38.63 percent of voters in favor and 61.37 percent opposed.

Colorado: Voting bill targeting alleged illegal immigrant votes faces outcry in Colorado | American Independent

Colorado Secretary of State Scott Gessler

A bill designed by Secretary of State Scott Gessler and sponsored by Rep. Chris Holbert, R-Parker, to ensure the integrity of the Colorado voting system is being called a means to reduce voter participation by voters’ rights advocates. Gessler said his bill fixes what he sees as a serious problem of ineligible voters on the voter rolls.

The bill would give the secretary of state the authority to check names on voter registration lists against state and federal records that provide information on immigration status. In those cases where the secretary of state’s office determines that there is enough information to believe a person is not eligible to vote, the person would be given 90 days to provide evidence they are eligible. Individuals could prove their citizenship by showing photocopies of a passport, birth certificate, naturalization papers or through other methods.

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 that of predecessor Bernie Buescher, and outlined how he plans to move forward.

Colorado: Colorado: It’s not about ballots — it’s about public records | Colorado Springs Conservative

Beginning in 2006, when Valley Courier reporter Ruth Heide was denied copies of the minutes from Center Town Board meetings, Saguache County and municipal officials operating within the county have consistently balked at producing documents deemed public under the Colorado Open Records Act.

Records either have been denied or their delivery has been delayed past the usual three business days specified by law. By settling the Colorado Open Meetings Law complaint filed by Valley Publishing last fall, Saguache County Commissioners avoided the release of tapes and/or notes of all executive sessions relating to the incident in question, which counties are required to record per state statute.