Email by Marilyn Marks to Election Commissioners concerning 2nd meeting: Aspen Election Commission

[April 18 2010 email from Marilyn Marks to two volunteer Aspen Election Commissioners regarding 2nd meeting of 2010 Aspen Election Commission. More comments on the meeting are found here: http://aspenelectionreview.blogspot.com/2010/04/second-meeting-of-aspen-2010-election.html]

Bob and Ward,

I had the opportunity to listen to an audio recording of the most recent meeting.

I am pleased that so many topics were candidly discussed. Thank you for doing that.

I look forward to participating in future meetings.

It sounded as if I am requested to make a list of my concerns about the May 2009 election and submit those to the EC, although I have not heard this other than by listening to the tape. I will certainly do this. I am assuming that your request is for me to have that submitted by May 8^th?

I did hear a few topics where I feel that there is some confusion or lack of clarity of the history:

1.    I believe that Elizabeth clarified this, but my litigation has nothing at all to do with IRV, although that seems to be a common misunderstanding. My litigation is ONLY focused on ensuring that public records of ballot images are accessible by the public. That needs to be true throughout the state of Colorado whether we are dealing with  IRV TrueBallot created images or images created in traditional elections with the Hart BallotNow system.

2.    Millard’s complaint is a most serious complaint (far more serious than any of mine!), and  needs to be candidly discussed and the implications fully understood. I was concerned to hear that it was initially passed off as “IRV related,” and toward the end of the meeting, as not important unless IRV is used again.  Millard’s complaint has to do with a constitutional issue cloud that will hang over the City for at least 3 more years. The problem is not solved by “shuffling next time.”  While that is crucial, what is the remedy, or at least the acknowledgement of the problem that the community needs to be aware of? In my view, that is a philosophical matter that merits a full and candid discussion, not to be shied away from because it is uncomfortable. 

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.
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[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.

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)

Letter to Aspen City Council regarding Dismissal of Marks v. Koch and attached letter to editor

The printed version of the March 12 2010 letter to the editor of the Aspen Daily News by Harvie Branscomb is available on line here:  http://www.aspendailynews.com/section/letter-editor/139658


It was re-titled "Ballots brouhaha" by the paper.


Here below the break is an extended cover letter to the Aspen City Council containing a copy of the letter as submitted:

Colorado Bar Association Answers Aspen City Attorney on Conflict of Interest

Aspen Daily News coverage of the Colorado Bar Association Ethics Committee reply to a request from Aspen to advise about conflict of interest for a city employed attorney advising the Aspen Election Commission is here:
http://www.aspendailynews.com/section/home/138642

Note  that although not covered in the above article, the letter does not advise that there is no conflict of interest.  It also says that the Ethics Committee was not informed that the City and Election Commission are directly adverse to one another.  This might be a misrepresentation of what could occur Aspen were the Election Commission to take any action viewed as adverse by the City Council.

The letter does say that if the Election Commission is a "client" of the city attorney then the Election Commission's consent is required if there is a significant risk of conflict of interest.   I think this important finding ought to have been reported in the above article.  The Ethics Committee declined to advise on whether or not the EC is a "client" of the city attorney as this is a matter of law, and apparently would have to be determined in court.  If the EC is a client, they are allowed to decline to be served by the City Attorney. If not, then they presumably have the right to have access to counsel. As I read it,  either way, the City would not be able to force the EC to be represented by the City Attorney.
[above is opinion by Harvie Branscomb]




The actual letter from the Colorado Bar Association Ethics Committee regarding conflict of interest of a city attorney in advising both the City Council and the Election Commission is below the break.