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: 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: 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.