-Aspen's historic May 5, 2009 IRV election audited as single ballots- 5/5/09 Aspen CO held an instant runoff election (IRV) for mayor and 2 council members. Interpreted contents of each ballot, scanned by True Ballot, were publicly released. Open records requests for a CD of image scans were denied. Aspen has been sued to protect records from destruction and to allow inspection of the scanned ballot files. A Court of Appeals ruling holds that unidentifiable ballots are public records.

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Thursday, September 29, 2011

Court of Appeals decides in favor of Marilyn Marks

In a document dated Sept. 29, 2011 the Colorado Court of Appeals delivered a unanimous decision for the plaintiff, Marilyn Marks in the 2009 case against Aspen City Clerk Kathryn Koch who declined to provide a CD containing scans of Aspen Municipal Election ballots in response to a Colorado Open Records Act request. Judge James Boyd had dismissed the case shortly before it was to have been heard on a several month old motion by the City of Aspen.

The decision of the Court of Appeals is available here: Opinion.pdf

Media coverage of the decision is here:

Colorado Court of Appeals rules voted ballots should be public records
By Sara Burnett
The Denver Post
Posted: 09/29/2011 09:39:45 AM MDT
Updated: 09/29/2011 09:39:52 AM MDT

The Colorado Court of Appeals ruled today that electronic images of voted ballots should be open for public inspection, provided the voter's identity cannot be discerned from the ballot.
The ruling could have a major impact on Colorado election law, though today's decision likely is not the end of the fight.