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)