Jefferson County Colorado rejects open records request for 2010 election data

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.