It is ironic that the City of Aspen promoted the idea of transparency about its election prior to undertaking the first public IRV election in Colorado. They contracted with a company whose primary service is providing a fully transparent means of tabulating an election, including single ballot audit ability and several tools to allow the public to fully verify the election. But the City chose to withhold one of those tools, a CD of ballot images, from the public. Marilyn Marks, an ex-candidate in the election, issued an open records request to the City for access to the CD and was rejected. Upon pursuing a suit to obtain that transparency under law, the City is now choosing to try to prevent Marilyn Marks, from learning more under oath from the company which provided Aspen citizens with access to that transparency in order to support her case for transparency.
Surely there is no reason why it would harm the public to know more about how their election was performed.
[above is opinion by H. Branscomb]
Previous coverage of the case including filed documents are located at this link:
[motion for protective order by the City of Aspen- note that this is a retyped transcript without the graphic exhibits - these can be found on the original document here: Motion_for_protective_order ]
- Article VII, Section 8, of the Colorado Constitution prohibits the Plaintiff’s right of public inspection of TIFF files
- Section 31-10-616(1), C.R.S., is a contrary state statute that constitutes an exception to the Plaintiff’s right of public inspection of TIFF files under Section 24-72-201(a), C.R.S.
- The Plaintiff’s inspection of TIFF files would cause substantial injury to the public interest under Section 24-72-204(6)(b), C.R.S.
- regarding the creation and public display of the TIFF files on election night;
- the TrueBallot vote tabulation and verification/audit processes used in the Aspen election; and,
- TrueBallot’s and Defendant’s post-election handling of TIFF files and ballots.
[proposed protective order #1 - original here - Proposed protective order #1 ]
[proposed protective order #2 - original here - Proposed protective order #2 ]]
[motion for the protective order by the City of Aspen]