Election Transparency Litigation: Marks v. Koch

Marilyn Marks filed a complaint in District Court to cause the City of Aspen to protect and allow inspection of the digital images of ballots from the May 5 2009 municipal election which were stored on a CD by the contractor who tabulated the election, True Ballot, Inc.  The suit has already been successful in protecting the CD from destruction.  The suit has the remaining purpose to obtain access to inspect these public records of which all were displayed to the public on May 5 2009, and hundreds are still available for viewing as part of a GrassRootsTV program from election night.  If the City's motion to dismiss is not accepted by the court, there is a court date set for January 22, 2010 when a hearing may be taking place.

7 Documents and 5 exhibits are on-line in hypertext form. Click on a link to open the outline of the documents, then click again to enter the document:

VERIFIED COMPLAINT AND APPLICATION FOR ORDER DIRECTING CUSTODIAN TO SHOW CAUSE



KATHRYN KOCH'S MEMORANDUM IN SUPPORT OF MOTION TO DISMISS

MEMORANDUM OF MARILYN MARKS,  PLAINTIFF,  IN RESPONSE TO DEFENDANT'S MOTION TO DISMISS

VERIFIED COMPLAINT AND APPLICATION FOR ORDER DIRECTING CUSTODIAN TO SHOW CAUSE

KATHRYN KOCH’S MEMORANDUM IN SUPPORT OF MOTION TO DISMISS
Exhibit A Calvano v. City of Aspen
Exhibit B Ballot image from GrassRootsTV show
Exhibit C Ballot image from GrassRootsTV show
Exhibit D Ballot image from GrassRootsTV show
Exhibit E Ballot image from GrassRootsTV show

MEMORANDUM OF MARILYN MARKS, PLAINTIFF,IN RESPONSE TO DEFENDANT’S MOTION TO DISMISS

MOTION FOR LEAVE TO FILE SURREPLY IN OPPOSITION TO DEFENDANT’S MOTION TO DISMISS

[PROPOSED] ORDER GRANTING MOTION FOR LEAVE TO FILE SURREPLY IN OPPOSITION TO DEFENDANT’S MOTION TO DISMISS

KATHRYN KOCH'S MEMORANDUM IN OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO FILE A SURREPLY

SURREPLY IN OPPOSITION TO DEFENDANT’S MOTION TO DISMISS 

ORDER on PENDING MOTIONS