Tuesday, December 13, 2011 at 10:45PM Linked below is an audio recording of the meeting which took place in the Capitol at 2 p.m. on 12.13.11.
A list of participants will be posted soon.
http://www.glassballotbox.org/storage/HeathMeeting12.13.11.aiff
Wednesday, August 17, 2011 at 12:48AM Saguache citizens are finding it incredulous that Clerk Myers has again defied the public's will for election verification through public records. Despite the state District Court statements that anonymous ballots are records available for public inspection, Clerk Myers is not going to allow the citizens a window into what went wrong in the November 2010 election.
See her denial of the request for voted ballot review and my response:
http://www.glassballotbox.org/storage/8.16.11Response_CORA_denial.pdf
Saturday, August 13, 2011 at 5:45PM In a momentous decision for Colorado voters, Judge Martin Gonzales of Colorado State District Court, ruled that Colorado’s Secretary of State may conduct a review of the voted ballots in the November 2010 election, and that such ballots, if anonymous, are available for review by the public.
This ruling is of great importance to Colorado voters as it allows the press and citizens to review and verify their elections at the most essential level---the voted ballots.
Click here for the opinion handed down Thursday night.
Numerous news articles have been written about this decision:
Colorado: Saguache Co. clerk ordered to turn over ballots | The Denver Post
Colorado: Saguache ballots to be part of election review | The Pueblo Chieftain
Center Post Dispatch--Judge orders county clerk to hand over ballots
Click here to read Secretary Gessler’s comments.
I have renewed my request for a citizens' and press review of the Saguache ballots that will likely be more comprehensive than the SOS review.
Saturday, August 13, 2011 at 5:28PM In this letter, County Clerk Sheila Reiner rejected my CORA request for touchscreen detailed cast vote records (EL155), and denied having the software system log required by the voting system. She asserts that I must pay $248 (plus travel cost) to review a paper copy of an electronic record, when she could just email an electronic copy to me.
More troublesome is her claim that she considers the public's records of anonymous votes cast on the touch-screen machines to be a "secret," to be maintained by the clerk and hand picked election officials. See my response to her specious claims.
Note that a similar denial was recieved from the Jefferson County clerk.
Hopefully, the public and press will soon start asking why the election officials are blocking public access to fundamental election records.
Saturday, August 13, 2011 at 8:47AM Jefferson County Clerk Pam Anderson and her colleagues have denied the request for detailed touch screen electronic “ballot” records voted in the November 2010 election. Their argument appears to morph from claims that they do not have the requested records to the claim that while they are required to have the records, they do have to produce them stating that they are not “writings” (which includes electronic data) under Colorado’s Open Records laws.
The email sent from Elections Manager Josh Liss to Assitant County Attorney David Wunderlich was particularly telling as Liss suggested that the County delay its response, despite the CORA requirements to make records available in 3 business days. Liss also referenced the then pending Gessler v Myers case, which was to be ruled on almost immediately thereafter. But most interesting was Liss comment to his colleague that although they had to retain the data which they had initially claimed not to have, the rule did not require them to release it.
The public will surely ask why Jefferson is taking this anti-transparency view when the press and public in other states may verify election results through access to these records. See http://www.scvotinginfo.com/wp/. The very same records which Jefferson County refuses to disclose have been reviewed in the South Carolina election and are posted and audited by the SC state auditor. http://www.scvotes.org/2011/08/03/2010_general_election_audit_files. To see the benefits of such transparency, read this press release , or this academic report about the process.
Friday, August 5, 2011 at 1:33PM
In the August 4, 2011 edition, the editor of the Center Post-Dispatch takes Secretary of State Scott Gessler to task for his lack of election reform efforts in election transparency and verifiability.
They make the formal request that Gessler go to the Denver District Court and request that the transcripts of testimony of SOS officials regarding the Grand Jury's Saguache election investigation be made public.
The article has been linked and reprinted here with permission of the paper.
http://www.glassballotbox.org/storage/08-04-11.pdf
Tuesday, August 2, 2011 at 10:59PM On August 2, the Board of County Commissioners heard the requests of the Committee to Recall Clerk Myers.
The meeting became rather contentious and spirited. See the 25 minute meeting at http://vimeo.com/27232014 .
The requests of the Committee included:
1. The appointment of a Designated Election Officer with certified clerk credentials.
2. The acknowledgement that mail-in ballots will be allowed but not mandated, allowing voters who wish to vote in person to do so at their precinct polling places.
3. The acknowledgement that the M650 is not a certified system, and should not be used for the recall election. The Committee requests that the ballots be hand counted by bi-partisan election judges.
The BOCC had done their homework and sought legal advice, and acted to appoint County Treasurer Connie Trujillo as the Designated Election Officer. They assured the public that she would be given the resource of an election expert to consult with her throughout the process.
During the meeting one citizen named Martin claimed that a new law requires a mail ballot (only) election for recall elections. The claim was inaccurate, as he was referring to a proposed bill that never made it out of committee.
Other citizens felt that the reviews of the Grand Jury and SOS indicated that Clerk Myers had
Tuesday, August 2, 2011 at 12:03AM Posted: Monday, Aug 1st, 2011
http://www.centerpostdispatch.com/v2_news_articles.php?heading=0&page=72&story_id=1621
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SAGUACHE — 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
Sunday, July 31, 2011 at 8:24AM Guest Commentary: Wild West elections in one Colorado county - The Denver Post
How Sagauche County's 2010 election is the poster child of Colorado's election woes.
http://www.denverpost.com/search/ci_18525648#ixzz1T1eaTGkq
Commentary by Al Kolwicz, Harvie Branscomb and Marilyn Marks
Saturday, July 30, 2011 at 12:36AM http://www.denverpost.com/news/ci_18519005#ixzz1SkCLfZi6
I have filed a complaint in Colorado State Court to challenge the Secretary of State's dismissal of my HAVA complaint.
The Secretary's dismissal of my HAVA complaint and my appeal in filed in Colorado District Court are linked on the SOS website in the following links:
Thursday, April 21, 2011 at 12:25PM Center Post Dispatch reports on the ES&S system log and the report delivered to the Secretary of State.
See http://www.centerpostdispatch.com/v2_news_articles.php?heading=0&page=72&story_id=1530 for the story.
Click Here to see the System Log. Click Here to see the "White Paper."
Sunday, April 3, 2011 at 9:17AM Several members of the bi-partisan Saguache County canvass board delivered a well-written complaint to the Secretary of State. The report was delivered on February 28, 2011, but the investigation has not begun. Click here to read the complaint.
Separately, Clerk Myers filed this answer to Secretary of State Gessler's Complaint.
Saturday, March 26, 2011 at 10:08AM In his March 26 column, Vince Carroll exposes the absurd anti-transparency stance of the County Clerks' Association, which opposes the Saguache County election review by the Secretary of State.
Carroll: Counting ballots in the dark
By Vincent Carroll
Denver Post Columnist Posted: 03/26/2011 01:00:00 AM MDT
Thursday, March 24, 2011 at 1:02PM Wednesday, March 23, 2011 at 9:49AM See the letter Election Activist Harvie Branscomb sent to Secretary Gessler encouraging a thorough review in Saguache and addressing the larger related statewide election concerns. I added my responses to his comments.
I encourage other citizens to write Secretary Gessler to ask any questions you have or to encourage a full and thorough review.
Saturday, March 19, 2011 at 9:14AM The following letter was sent to Secretary of State Scott Gessler after his March 16 Town Hall meeting:
Mr. Gessler,
I appreciate your attempt Wednesday to answer the question of whether the election was certified, however, the citizens and press left more confused than ever on that confounding, but fundamental point. Your commitment to research the matter is greatly appreciated. I write to ask that this subject be given immediate expert attention. It appears from the answer that Wayne Munster gave on Wednesday, that the Election Division was potentially involved in robbing the defeated candidates of any realistic opportunity for contesting the election.
Many of us were shocked to hear from Wayne that the Division “deferred” to the local commissioners and local counsel on whether to certify the election. Neither the Division nor the BOCC made this information available to the public nor the candidates. The public and candidates were lead to believe that the letter (attached) from Judd Choate reflected the continued stance of the SOS.
Thursday, March 17, 2011 at 3:30PM Secretary of State Scott Gessler held a well attended Saguache County Town Hall meeting on Wednesday March 16.
Hear his remarks and the questions from the citizens by clicking here. ( Audio will take a few minutes to download.) Melinda Myers speaks near the end of the recording.
Just before arriving at the Town Hall Meeting, Gessler filed litigation for access to ballots and other election records. Clerk Myers denied access for SOS review of the election. Her letter is posted here. Read the complaint here.
Despite the cries of "unprecedented" intrusion by the SOS into county elections, it is clear that the SOS has the authority and responsibility to perform such reviews. See the 2004 Garfield County audit report. (large report takes while to download.)
The Denver Post published an impressive editorial on March 17, concerning the litigation. The Press coverage of this story has been extensive.
The Denver Post 3.17.11; The Center Post Dispatch 3.17.11 ( SOS Reviewing Loal Races);
The Center Post Dispatch 3.17.11 (Myers Denies Acces to SOS)
The Alamosa Valley Courier 3.17.11; The Monte Vista Journal 3.16.11,
The Pueblo Chieftain. 3.17.11; KRDO Colorado Springs 3.16.11
Wednesday, March 16, 2011 at 3:21PM See the linked articles below for the developing story of the Secretary of State's planned review of the November Saguache County election, and the Clerk's recent denial of the access to review the ballots from the election.
The town meeting is planned for 5 p.m. today (Wednesday). However the schedule for the counting process will be delayed due to planned litigation.
Clerk Denies Gessler Access to Ballots---Alamosa Valley Courier--
http://www.alamosanews.com/v2_news_articles.php?heading=0&page=72&story_id=19910
http://www.denverpost.com/breakingnews/ci_17622091?source=rss
Gessler to Conduct Saguache Election Review--Colorado Independent
http://coloradoindependent.com/79145/gessler-to-conduct-saguache-election-review
Wednesday, March 16, 2011 at 3:10PM
Updated on Tuesday, March 22, 2011 at 8:19AM by
Marilyn
Saguache County Commissioner Linda Joseph circulated an email questioned the SOS authority to review ballots and perform a detailed review of the election. See the email here.
Commissioner Joseph has numerous errors and misrepresentations in her email. I have refuted some of her misrepresentations in this memo. If anyone has any questions, I will be happy to answer them.
MarilynRMarks [at] Gmail.com
Update: On March 17, Commissioner Joseph sent an update letter to a group of citizens. Read that letter here, and my response. Letter
Wednesday, March 16, 2011 at 11:53AM The news release below informs us that Secretary of State Scott Gessler will be in Saguache at 5 p.m. Wednesday to hold a town hall meeting.
The review will begin on Thursday with citizens and SOS staff.
We have few details, but will publish more here as they become available. Please check back:
News Release FOR IMMEDIATE RELEASE MEDIA CONTACT: Rich Coolidge
March 15, 2011 (303) 860-6903 richard.coolidge@sos.state.co.us
Gessler prepares review of Saguache 2010 ballots
State staff and local citizens will canvass votes
Denver, Colorado – Today Secretary of State Scott Gessler announced that members of his staff will conduct a review of Saguache County’s 2010 General Election ballots. The review will count and tabulate results using local citizens and will be open to the public.