1. What might a citizen risk by asking questions? From my perspective, two volunteer commissioners were recently relieved of their role following an unjust smear campaign that prevented their pursuit of election quality improvements. It appears to me that their principal error was to ask difficult questions.
2. Please describe the decision-making process through which Chris Bryan and Elizabeth Milias came to be non members of the Election Commission (CC discussion, vote, etc.).
3. Were there procedural defects reported for the May 5 election, such as less-than-private early voting, keys left in ballot box, insufficient testing, last minute changes to software setup, non-random and incomplete auditing, failure to audit the tabulation in time, etc.?
4. Does the city believe that the ballots and digital images cannot legally be removed from the locked ballot box for inspection?
5. Does Ordinance Sec. 2.26.050 require: “At a minimum, the City Clerk shall arrange the counting of ballots so that the candidates and their representatives may observe the ballots as they are counted?”
6. What powers do you believe the Colorado law says the Election Commission has under the City Charter and state law? Colorado law appears to give power to the Election Commission for purposes of checks and balances.
7. Should City Council members select two election commissioners while essentially employing the third, knowing their own re-election might depend on an Election Commission decision?
8. Are citizen members of the Election Commission expected to avoid representing their party's interests?
9. If future election commissioners learn that election officials have made a mistake do they have any ability to overrule the officials?
10. If it is recognized that irregularities occurred, and since the Election Commission asked, why wasn't the Election Commission allowed to be advised by outside counsel?
11. Does the city inform its citizen volunteers regarding the rules regarding open records and open meetings?
12. Are the recently applied standards for Election Commission meetings and records applied to the Housing Frontiers Board and the Financial Advisory Board?
13. When were the two election commissioners dismissed, or did their term simply end in July? 13b. As a commission member by law, is Kathryn Koch as a lone member of the Election Commission now a quorum by herself and therefore perpetually in a public meeting subject to CORA?
14. Is it possible for someone to overturn the election after the deadline for contests is over?
15. Why was the software configuration changed (presumably to the Cambridge method) the evening before the polls opened without notifying the press, candidates or public?
17. Was a post election public audit to verify the IRV tabulation (not just the interpretation of individual ballots) performed?
18. The City stated in a formal press release that there was a “staff audit of the IRV process.” What “staff audit” of the IRV process took place?
19. Has any City representative stated that someone could use the ballot images to match the ballot contents with the poll book list to identify how voters voted?
20. The Charter calls for a majority of votes cast to win a council seat. Does the language in the Charter actually mean that a majority of voters voting need not have voted for the winner to satisfy the law?
21. Was the public told that a lower ranking on IRV cannot hurt a first ranked candidate’s chances of winning?
22. Were the Diebold machines used to officially count the Art Museum vote?
23. Why was the early voting ballot box in City Hall not always locked?
24. Does the law allow early voting for city elections?
25. Q. With respect to the IRV ballots, what definitions does the city use for each of the following terms:
26. Q. With respect to the definitions, above, where in the law is each definition specified?
28. Why do Aspen rules require #1 and or #2 choices to be ranked to be eligible for IRV counting, when common IRV practice is to ignore gaps. For example, if only #3 and #5 are ranked these are usually regarded as #1 and #2 choices.
29. Is there a legal challenge process for the voters who did not find their string in the published list of ballot strings?
30. [not applicable to be answered by the City]
31. Are any materials from the L&A tests (both AV-OS and IRV) available to the public?
32. Since the software counting method had to be adjusted during the course of election eve, isn't it fair to say that the system used was not fully tested?
34: Question: If you can get an image of everyone's ballot, will you be able to see who the voter was?
35: Question: The Colorado Bar Association says it doesn't address the condition that the Election Commission (EC) and the City are directly adverse to one another. Why wasn't this possibility considered in the query to the Ethics Committee?
36: Question: The Ethics Committee replied that it doesn't know if the EC is a client of the City Attorney. Is the EC a client of the City Attorney?
37: Question: If the EC is a client of the City Attorney is that representation subject to the consent of the Election Commission, as the CBA indicates?
38: Question: If the EC refuses the representation of the City Attorney, does it have a right to counsel, and should that counsel be paid for by the City? If not, why not?
39: Question: If the EC is not a client of the City Attorney does it have a right to counsel?
40: Question: Why would the City want to file a motion for a protective order to prevent Marilyn Marks from obtaining testimony from True Ballot Inc. by deposition?
41: Question: Why is the City Attorney complaining to Judge Boyd about the cost of defending the litigation against the City Clerk for inspection of ballot images?
42: Question: Why can't the city provide copies of the spoiled ballots which are classified as "other election records"?
signed by Harvie Branscomb