Harvie Branscomb's Letter of Complaint to Aspen Election Commission 5.10.10

(Harvie had asked for a few days extension of time on the 5.10.10 filing deadline and was denied that opportunity by Ward Hauenstein.  He sent this letter as his official filing to be supplemented in the near future.) --comment by m.marks.
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[what follows is an emailed letter by Harvie Branscomb to Aspen Election Commissioners- some typos in the original text have been corrected by Harvie 5/11/10]


Ward and Bob (and Kathryn when and if she sees this): 5/10/10



Both of you -independent members- of the EC already responded to my midnight email- thanks very much. I guess the pressure I have been under for the past week must be obvious in my mistake about the date of a requested extension. A week ago I took on an additional and unexpected responsibility to a great number of people where the schedule was out of my control.


If I could have spent the past week on a 'charrete' to prepare a submission to you, I might not be ready by now. Please recall that until the newspaper announcement of April 27, the public did not know of a format or deadline for submissions. My research, yet far from complete, has not been compiled to press the button at any moment in a certain “complaint” format that is worthy of a formalized review. Therefore I take exception to Ward’s assumption that a year is enough time to compile a complaint. The full year of experience learning about the election, and more importantly about the various responses to post election queries, has led to a huge body of knowledge, much of it worthy of some kind of comment or complaint. 

Fortunately Marilyn Marks is aware of much of that knowledge and she is also quite qualified technically and intellectually and emotionally to present to you. I hope that she does, and I support her efforts in that regard. It is likely that she too would not have been able to meet the deadline without having had to organize her documents for her District Attorney complaint. The effort is hugely time consuming, as I hope you will appreciate. I want to present accurate, well-documented data that is easy to follow. That is likely a 40 to 50 hour project. To ask that it be completed in less than 2 weeks is asking a lot.


Unfortunately, and that would be an understatement, Marilyn is discredited by too many people for character failures that she does not have, and for having been a candidate in the election, which is no reason at all to discredit her. In fact it gives her every reason to be highly knowledgeable, and demonstrates that she is serious about elections and better government. Candidates should be encouraged to come forward with what they know. Why not?

Colorado Voter Group's Al Kolwicz Writes Aspen Election Commission Re: Anonymous Ballots

Al Kolwicz , Colorado Voter Group , 2867 Tincup Circle,Boulder CO, 80305
http://www.coloradovotergroup.org/

May 4, 2009
Commissioner Ward Hauenstein, Aspen Independent Election Commissioner
Commissioner Bob Leatherman, Aspen Independent Election Commissioner
Dear Commissioners Hauenstein and Leatherman

I am writing in regard to tomorrow’s Election Commission meeting. Please permit me to first introduce myself. I have lived and worked in Colorado since 1966. For more than a decade, I have worked to improve Colorado’s election system. I am a Trustee and co-founder of Colorado Voter Group. I have served on multiple Boulder County Canvass Boards and voting equipment test boards. I have actively participated in Colorado’s equipment certification process, and contributed to the development of election rules, and have testified numerous times before state and local governmental bodies. I have testified in court as an expert witness on election system matters. I have closely monitored with much interest Aspen’s May 2009 election and its follow on activities. I have worked closely with Nick Koumoutseas of TrueBallot, the vendor whose system was used in the election. I have had a private demonstration of the TrueBallot system including a description of the database tables and macros, and the software used to capture, interpret and correct votes. I have also explored the software used to calculate the selection of the winners. In addition, I have analyzed the database and strings, as well as the first-pass vote interpretations published by Aspen. I have studied Title 31 and have in-depth knowledge of Title 1, the Colorado Election Rules, and Colorado Constitution Article VII Section 8.

My interest in the May 2009 election is due to the ranked choice methodology used for the election. The Colorado legislature has instructed the Secretary of State to prepare a report of Colorado IRV experience by February 2011. As of now, it appears that Aspen’s will be the only Colorado IRV election completed before the report deadline. I hope that by detailed analysis of this election we can make a significant contribution to the Secretary of State’s report to the legislature. We expect this report to significantly influence future legislation.

Clean government does not just happen. The public needs protection from potentially tyrannical governments. Therefore, protection must be independent of government. It must work to serve public, not government, interests. The Aspen Election Commission should strive to become such a protector. You have statutory authority, and your tools are transparency and trustworthy elections.

Transparency means that public information is public and affordable. Government has the power, but not the right, to withhold or destroy information that might undermine its power. The Commission can and should facilitate the public’s access to all non-private election-related information.

Marilyn Marks Response to Zimet and Election Commission on Transparency and IRV

From: Marilyn R Marks Sent: Tuesday, May 04, 2010 2:54 PM

To: 'RDLNKP; 'Ward Hauenstein'; 'Kathryn Koch'

Cc: 'Jim True'; 'John Worcester'; 'Harvie Branscomb'; 'elizabeth.milias'Millard Zimet'; 'Mike LaBonte'; 'Al Kolwicz'; 'Don Davidson'
Subject: FW: May 2009 Election--balancing privacy and transparency
Commissioners,

The philosophical debate shaping up for tomorrow is fascinating. A full public discussion will no doubt be informative.
In fact, despite how deeply involved I am in the subject, the debate between Harvie’s and Millard’s positions has caused me to go do more research and come to different conclusions of my own. Not that that is important, but it is the intelligent debate by knowledgeable people of differing viewpoints which I found so personally valuable. So, I hope that some of that debate can be heard tomorrow.
See my comments below directly commenting on Millard’s.

From: Millard Zimet Date: May 4, 2010 9:54:07 AM MDT
To: rdlnkp
Cc: ward.hauenstein Kathryn.Koch Jim.True John.worcester

Subject: Re: May 2009 Election

Bob et al:


Sorry to bother you again, but there's another point I need to make sure you understand in advance of tomorrow's Election Commission meeting, namely: Marilyn Marks does not speak for me.


MRM>>I hope I did not say anything to imply that I was attempting to speak for him in my support his complaint. In fact, as you know, I submitted my own complaint on this point that is intended to stand alone.

Millard Zimet Comments to Election Commission on Privacy and Transparency

From: Millard Zimet Date: May 4, 2010 9:54:07 AM MDT

To: rdlnkp

Cc: ward.hauenstein Kathryn.Koch@ci.aspen.co.us, Jim.True@ci.aspen.co.us, John.worcester@ci.aspen.co.us

Subject: Re: May 2009 Election

Bob et al:

Sorry to bother you again, but there's another point I need to make sure you understand in advance of tomorrow's Election Commission meeting, namely: Marilyn Marks does not speak for me.

The reason why I got involved in this election matter back in August was because I became worried that my vote was not secure. That is still my primary focus. I hope I have been able to show you that the votes of many voters are not secure.

Marilyn Marks and Harvie Branscomb are interested in election transparency. They are now concerned that my secret ballot issue will negatively impact their election transparency agenda. I told them (and the City) of this inevitable conflict back in August, but nobody seemed to care at that time.

Election Integrity Activist LaBonte Supports Election Commission Review of Zimet Complaint

From: Mike LaBonte Date: Fri, Apr 30, 2010 at 2:40 PM  Subject: Regarding the Zimet complaint

To: Kathryn.Koch;  Ward Hauenstein  Robert Leatherman
Hello Election Commissioners,
I have read the recent letter to you from Millard Zimet at http://www.glassballotbox.org/storage/Zimet4.29Complaint.pdf.   As an outsider to Aspen I would like to point out that while the topic of ballot anonymity may be discussed relatively rarely, it is widely regarded as one of the founding principles of how we vote in modern times. Practices such as inspecting ballots for legal compliance and shuffling them are in general either codified or taken for granted, although some election officials may mistakenly depend too much on their optical scanners and ballot boxes to perform some degree of randomization. Adopting a strong protocol for maintaining ballot anonymity would not only be a good practice, indeed, Aspen voters like all other voters certainly must already expect that their ballots can not be traced back to them, not even by election workers. Otherwise who would vote?

Harvie Branscomb comments on news about Aspen Election Commission

From: Harvie Branscomb
Sent: Thursday, April 22, 2010 10:21 AM
To: Curtis Wackerle (Aspen Daily News reporter)
Cc: Marilyn R Marks; Al Kolwicz; Ward Hauenstein; Bob Leatherman;  Jim True; John Worcester; Kathryn Koch; Harvie Branscomb
Subject: Re: May 8 deadline
(referenced article : http://www.aspendailynews.com/section/home/140270 )


Curtis
I realized after reading your well written article that I might have misled you slightly. The lock the key was left in unlocks a small door on the ballot box that allows access to two buttons that if simultaneously pressed will activate the override function that causes the voting machine to accept any ballot with any number of errors on it. My research shows that use of this function can lead to misinterpreted ballots.


I'm not sure you understand that the "ballot box" is the stand that holds up the voting machine. The ballots fall from the voting machine into the box. There are several locks on the box/stand that are opened by the same keys as Kathryn Koch confirmed at the second election commission meeting. Two of the locks open doors that allow access to storage areas for voted ballots. I don't think your article is written in a manner that will confuse and I don't think it needs any correction. I am only explaining this to you in case someone objects on technical grounds. No doubt Kathryn Koch will correct me if I am wrong. It is odd that the Mayor brought up this canard again at the end of the Monday night CC/EC meeting.

I think you listed two of the most easy to understand (and to resolve) issues. That was appropriate. Your readership will relate to those and perhaps they will remember other similar problems to report and come forward. You might have noted that the EC would like to hear about positive qualities of the election too. I plan to offer a number of those in my comments.
But I also want to point out four other issues that simply overshadow the procedural problems on or around election day.

Criticism of Caleb Kleppner Guest Editorial in Aspen Times Sept. 17, 2009: Aspen Election Transparency

This is an email written by Harvie Branscomb to Caleb Kleppner of True Ballot Inc. Sept. 17th, 2009 in response to a guest editorial written by Kleppner for the Aspen Times.  This email was not responded to in written form but there was a telephone conversation between Caleb Kleppner and Harvie Branscomb. This email, critical of the Caleb Kleppner's op-ed statement,  corresponds to the recent email of Marilyn Marks to members of the Aspen Election Commission linked here: http://aspenelectionreview.blogspot.com/2010/04/city-of-aspen-trueballot-inc.html

An open records request was filed to learn about city cooperation in the writing of this op-ed.  The result is found in the form of a pdf by clicking here .  On the pdf you will find Marilyn Marks Sept. 17, 2009 criticism of the op-ed as well as an email from Caleb Kleppner to Aspen City Clerk Kathryn Koch offering to cooperate on writing the op-ed and also a submission of a draft to Kathryn Koch for edits or modifications.
[above is by Harvie Branscomb]

Caleb

...

You have taken the salesman’s route of promoting transparency in Aspen, which is my agenda too, but you have rested your case on some misconceptions about the election which force me to argue with you.  I am sorry you did that, because I want to support the transparency of True Ballot’s system regardless of the election method. Unfortunately by glossing over facts as you (and the City of Aspen) have done, the public does not get a clear picture of what took place and where it needs to be improved.  I have been circumspect in my criticisms of the Aspen election, but this new publication forces me to expose additional details as I know them to the public.

Here are the line by line exceptions I have to your editorial. Please give me your rebuttal ASAP. As a first hand observer, I will rely on your corrections of my statements where your corrections are definitive from  your first hand experience.

(original guest editorial from the Aspen Times, interspersed with commentary by Harvie Branscomb in yellow.)

Caleb Kleppner
Special to The Aspen Times

Some recent commentary on the instant runoff (IRV) election has distorted the facts and missed the big picture about Aspen's May election.

HB>; Caleb, you are correct, and this editorial of yours is an example of that, unfortunately.  This letter will seek to elaborate on your distortions. I think perhaps you are correct about the big picture, but this picture must not be founded upon mistaken facts.

Discussion of ballot text for possible future Aspen voting methods for November ballot question: Aspen Election

A discussion and questions about the presentation of voting methods for future Aspen elections on the ballot for the November coordinated election.

From: Harvie Branscomb [mailto:harvie@media.mit.edu]
Sent: Friday, April 16, 2010 1:36 AM
To: 'Mick Ireland', Aspen City Council, Aspen Election Commission
Subject: deciding the method of voting

…

Several voting systems will be identified to be placed on the ballot.  One of them will be similar or same as the IRV used in 2009.

Another one is likely to be plurality/winner takes all, no majority required

Another one is likely to be vote for one, majority required, runoff if necessary (or vote for 2 if CC)

Another one could be e.g. approval voting (each candidate can receive one vote per voter, voter votes for as many as preferred, majority required, runoff likelihood reduced

Another could be e.g. district or party primary, followed by general election, etc.

Will the IRV choice be represented by exactly what was done in 2009 or by an improved description? This seems to be a key question. I now think that calling rank choice voting “IRV” is a mistake.  I now see it as “RRV” or reduced runoff voting- a system that makes runoffs much less likely but would call for a runoff in case a true majority of ballots was not achieved by the winner(s) of the rank choice vote.

City of Aspen &TrueBallot Inc. Misrepresentations and False Statements Concerning Aspen Election Transparency

(I wrote the following email to the new Election Commission asking for their review of the false claims and  misinformation which the City of Aspen has helped to promote about the May election.) Marilyn Marks
[this posting contains opinion by both  Caleb Kleppner and Marilyn Marks]

From: Marilyn R Marks
Sent: Saturday, April 17, 2010 2:59 PM
To: 'Ward Hauenstein'; Bob Leatherman.
Cc: 'Elizabeth Milias'; 'Harvie Branscomb'; 'Millard Zimet'

Subject: City Complicity in Misinformation campaign and request of new Election Commission

Bob and Ward,
I had to retrieve the attached  [following] document for my litigation, and as I reread it, I thought that it was a good example, without too many technicalities, of the cultural issue I mentioned in my last email to you. See the guest editorial printed in the Aspen Times on September 17, which I have attached with my footnotes of the numerous misrepresentations.

This almost completely false editorial written by True Ballot executive, Caleb Kleppner, was written with the apparent approval and involvement of City officials. Kleppner delivered a draft for review to Kathryn Koch on September 2 for her approval.

The City staff knew or had reason to know that these statements are materially misleading, and did not attempt to stop them from being printed. The city’s vendor TBI knew these statements to be false as well.

Upon the publication of the editorial, I made my objections known to the City and to True Ballot. Harvie Branscomb wrote to TrueBallot asking for corrections as well.

Both organizations refused to publicly correct the clear misrepresentations, although they made no claims to us that their statements were correct as written.

This is the type of information battle we have had to attempt to combat. But only through the small efforts of letters to the editor. Note that this was published at the approximate time of the prior Election Commission being denied access to independent counsel. Given the kind of misrepresentations in this document, the need for independent perspective is surely quite clear.

The previous election Commission is criticized for not seeking an additional written view of their duties from City staff who, by this time had shown their complicity with the efforts to misinform and mislead. Also, there was an obvious and inherent conflict of interest by city attorneys wrote and opined on the election procedures and acted as one of the judges for certifying the election. It would have been improper for the EC to ask clearly conflicted attorneys to opine on the EC roles and responsibilities, given the state of the election irregularities.

I am requesting that you review this document with staff and ask that a correcting published document be written and submitted to the Aspen Times. To leave such false information and misrepresentations in the public record is disingenuous and self-serving at best. It is most certainly irresponsible.

I see it as part of the duty of the election commission to clear up misinformation from the past and help the information flow to the public.

Thank you for your service.
Marilyn Marks

----------------------------------------
(Caleb Kleppner submitted a draft of this editorial to Kathryn Koch on September 2 for approval prior to publication)
Aspen Times
Thursday, September 17, 2009

Second Meeting of Aspen 2010 Election Commission- comments

At 3PM on Thursday April 8, 2010 the Aspen Election Commission met with 5 people in attendance- two of them the Aspen City Attorneys and other others being Jack Johnson (ex-City Council and currently a candidate for County Commissioner), Elizabeth Milias (ex-Aspen Election Commission) and Harvie Branscomb (Eagle County Canvass Board and editor of this blog).

The meeting was very calm and reasonable and productive.  The Commission decided to take in written complaints/compliments/suggestions by May 8 and looks like it will have a public brainstorming session sometime after that. The Commission primarily discussed how it would interface with the public, how it might help avoid any retribution for coming forward with complaints, and whether or not it would weigh in on the method of IRV voting or the choice of voting methods. Apparently one conclusion was to wait for a determination of what voting system would be used in the next election before further discussing IRV related details, but in the mean time to ask citizens to come forward with comments.
--

[Here are comments on the meeting by Elizabeth Milias, followed by an email sent by Harvie Branscomb to the Commission following the meeting.]

I found the following to be interesting points made at yesterday's meeting of Aspen's Election Commission:

• The "confidential memo" that outlines the EC's roles and responsibilities (as prepared by City Attorney John Worcester) remains confidential and privileged. The EC has received a copy, but its contents are not yet available to the public. It is up to Council to release this document to the public.

• The EC has determined that its individual members can have private meetings with citizens who wish to discuss election issues.

• The EC recognizes that there exists the potential for reprisals against citizens who bring forth election complaints and challenges, but the commission will not be part of this behavior.

• Citizens are welcome to write, call, present to, and lobby EC members regarding election issues, and despite Marilyn Marks being deemed "corrupt" for doing just this following the May 2009 election, this is now ok.

UNDERSTANDING WHAT “SECRET BALLOT” MEANS IN COLORADO - an illustrative chart

		UNDERSTANDING WHAT “SECRET BALLOT” MEANS IN COLORADO THE INTERSECTION OF PRIVACY (SECRECY IN VOTING) AND ANONYMOUS BALLOTS (the character of the process of voting interacts with the character of the produced record -these combine to produce election integrity while allowing full records transparency) SECRET DOES NOT EQUAL ANONYMITY! ANONYMOUS BALLOT (NO VOTER IDENTITY)
		NO	YES
PRIVACY (SECRECY IN VOTING)	YES	Not Anonymous but Private Example: Ballot with a serial number that can be tied to the poll book number. Ballot is voted in private (no one watching). Someone with access to poll book and ballot can learn how the voter votes. Was legal in Colorado until 1946, now illegal. Ex: Ballot marked by voter to identify own ballot  (illegal)	Anonymous and Private Example: A ballot marked in private. No voluntary or involuntary identifying marks. (A proper and legal ballot.) Ballot may be viewed by the public; images of ballots may be given to the public without sacrificing the privacy of the vote. Allows full public verifiability of an election.
	NO	Not Anonymous and Not Private Ex: Ballot with a serial number tied to the pollbook marked within view of a poll worker. (illegal) Ex: Ballot purposely marked with voter’s initials while candidate looks on. (illegal)	Anonymous but Not Private Ex. Ballot with no identifying marks, but poll worker watches the voter marking his ballot. (illegal) Ex: Voting in clerk’s office with no privacy booth, where other voters or candidates can watch. (illegal)

Site Navigation by Timeline - Use this article to enter this site through links to a list of events

Timeline for Aspen Election Review:  (updated 3/24/2010)

 [ this document will be frequently updated with both new events and older materials which have not yet been linked]

to aspenpost.net blogger/editor Michael Conniff (a.k.a. the Con-Man)

to aspenpost.net blogger/editor Michael Conniff (a.k.a. the Con-Man)

Michael your penchant for going negative astounds and disappoints me. I left town the day after getting you and Marilyn together for a pleasant and amiable chat and before I managed to return from a very important meeting on election auditing and citizen activism in DC, you are fighting her again. Did she start this recent fight? I don't think so. All she did is respond to your initial faint praise which she and I both recognized as the most you could possibly do to be nice to her. And we were both thankful for your effort.

I appreciate that you appreciate her work on election reform in which you say she is helping me. I need all the help I can get but Marilyn is so well suited to pursuing election reforms I can only say I am providing her some minor help with my full time volunteer effort. There was no lack of transparency of the election commission. NONE. ZIP. NADA. In fact there was plenty of transparency- thousands of pages of it. I do not believe you read all of THOSE pages. (continued)

City looks to profit from citizen activist temporary loss in court

Another perspective on this news: Aspen decides to charge $385/hr for their salaried lawyers' time.  This would, if the court agrees, net Aspen a nice profit on their effort to prevent access to public records and deposition of the election contractor by their citizens.  (opinion by Harvie Branscomb)

http://www.aspendailynews.com/section/home/139875

City looks to hit Marks with $70K legal bill

by Curtis Wackerle, Aspen Daily News Staff Writer

Friday, March 26, 2010

The city of Aspen is seeking $70,850 from Marilyn Marks to recoup attorneys’ fees and other expenses related to her lawsuit seeking digital copies of ballots from last May’s election.

In a motion filed Thursday in Pitkin County District Court, the city said that attorney John Worcester spent 129 hours on the case, while special counsel Jim True spent 45 hours on the case. Although Worcester and True are both on salary, another Aspen attorney, Maria Morrow, wrote in an affidavit that attorneys of Worcester and True’s “skill and experience” could reasonably bill out at the rate of $385 “in this area for a claim of this nature.” This brings the total attorneys’ fees to $67,047.

Punitive process: Aspen to voters, in a nutshell (letter by Harvie Branscomb)

Punitive process

Thursday, March 25, 2010

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Editor:

Aspen to voters, in a nutshell: Trust us. Of course we will do no wrong. We tried a really cool, completely new, election system. We promised transparency but didn’t fully give it to you, sorry. We gave you only enough to give you cause for concern, but not enough for confidence. If you are concerned, though, don’t come to us. We won’t respond positively to you, but you will hear jokes about how much of our time you are wasting. We hope you like jokes. Don’t go to the secretary of state, either. They don’t have jurisdiction over our election. We do. If you still have concerns don’t go to the Election Commission. Even if they listen to you, we can and will make them disappear. Don’t go to the court system either, because if you do we will do everything we can to dismiss your case; we will try to prevent you from getting the information you need; we will see if we can demonize you by making claims about your motives in the legal briefs; we will sue you afterward to punish you for trying. It will cost you a bundle to even try to get a day in court, and we will do our best to make sure you fail and no one else like you ever asks again.

Harvie Branscomb
El Jebel

Marks v. Koch: last ten days: City brings out big stick: Aspen Transparency Litigation

Just the last ten days of media coverage related to the Aspen Election Review:  breaking news, Aspen brings out the big stick.  Harvie Branscomb

Mar. 13, 2010:  Guest opinion: A blow to election transparency (Guest opinion by Marilyn Marks)

http://www.aspentimes.com/article/20100313/COLUMN/100319909&parentprofile=search

Mar. 13, 2010: Bravo, Marilyn (letter by Harvie Branscomb)

http://www.aspentimes.com/article/20100316/LETTER/100319851/1020&parentprofile=1061

Plaintiff's Surreply regarding Defendant's Motion to protect TrueBallot from deposition - Marks v. Koch (Aspen Election Transparency Suit)

On Feb. 23, 2010, the attorney for Marilyn Marks filed a 3 page memorandum further pursuing opposition to the City of Aspen request for a protective order to prevent deposition of TrueBallot, Inc. by Marilyn Marks. This memorandum, shown here below the break, refers to additional case law which is pertinent to what argument is to be used in the balancing test which would form the basis for denying the Plaintiff the right to obtain testimony by deposition.

Above is opinion by Harvie Branscomb.
Click here for the original pdf of the SurreplyToMotionForProtectiveOrder.pdf
Previous coverage of the Marks v. Koch transparency case is located here: http://aspenelectionreview.blogspot.com/2010/02/reply-in-support-of-defendants-motion.html

2010 links to media coverage of Aspen election activity and review

 Because of the massive coverage on this topic from 2009 the archive of the past year has been separated into another post here: http://aspenelectionreview.blogspot.com/2009/08/links-to-media-discussion-of-ballot.html

Below the break are links to 2010 coverage:

new: KDNK News: Media coverage of Aspen election & Marks v. Koch transparency suit

 KDNK News: Hearing date set for Aspen's '09 election

The City of Aspen's May 2009 election has spiraled into a lawsuit that looks like it could finally make its way to court. Former Aspen Mayoral candidate Marilyn Marks wants access to ballot images to verify the method for counting votes. But so far the city has refused saying it would violate state law. On Thursday a judge scheduled a hearing for late March. KDNK's Conrad Wilson reports.

Download mp3 file

---- older media reports follow below the break----

Latest Questions for City Attorney regarding elections and Marks v. Koch

[We are collecting questions and answers about Aspen's election and also public verifiability of elections in general on this site. Please contribute your own questions (anonymous questions ok). Also please participate in discussing answers to these questions (answer please under your own real name).  You may use the blog comments for this or contact Harvie Branscomb at 970-9631369.   Thanks]

New Questions asked by Harvie Branscomb based on developments since January 1st:
 

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?  If the City Attorney has no answer for this, how would one find out the answer to this question?

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, paid for by the City?


39: Question: If the EC is not a client of the City Attorney does it have a right to counsel?  Is it expected to pay independently for that counsel?

40: Question: Why would the City want to file a motion for a protective order to prevent Marilyn Marks from obtaining testimony from the True Ballot Inc.  by deposition?  What public interest could be served by blocking this communication?

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 when the City has taken steps which have caused an increase in the cost of litigation such as filing extensive briefs, when the cost  of litigation is a direct cost to Marilyn Marks but most of which is an indirect cost to the City covered by salary and overhead?

42:  Question: Why can't the city provide copies of the spoiled ballots which are classified as "other election records"?  Why can't the city provide information about the seals which protect the election records?


[ the Open Records Requests and City responses will be posted elsewhere on this site. H. Branscomb ]

---- previous questions are included below the break ----- (no answers to questions has been received from the city as of Jan 29, 2010)