Saguache residents gear up to recall Myers--Center Post Dispatch

Posted: Monday, Aug 1st, 2011
http://www.centerpostdispatch.com/v2_news_articles.php?heading=0&page=72&story_id=1621 

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 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.”

The Committee to Recall Melinda Myers objects to Myers' violation of state election rules and regulations and her refusal to cooperate with a review by Secretary of State Scott Gessler. Gessler, soon after taking office, called for a second review that would let the public see the ballots without overturning the election results. The matter is still pending in district court, as Clerk Myers refused to turn over the ballots thus incurring legal costs for Saguache County.

Myers refused to turn over the ballots, arguing that such a review would violate the secrecy of voters' ballots. There is no provision for “secrecy of voters’ ballots” in Colorado law. It is privacy during the process of voting that is protected by the Colorado constitution.

Anonymity is also protected in the constitution by this functional description: “All elections by the people shall be by ballot, and in case paper ballots are required to be used, no ballots shall be marked in any way whereby the ballot can be identified as the ballot of the person casting it.”