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.

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

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(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