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An Election Gone Wrong, Right Next Door

by: KathrynCWallace

Sun Jul 24, 2011 at 09:51:47 AM MST


Are our elections safe?  Well, mostly.  They are kept safe by having a lot of different people watching all the moving parts.  And, by a belief that if something went terribly awry, someone would say something.  Well, in Saguache County in 2010, in a very close election, some very, very fishy things happened.  Marilyn Marks wrote a piece that is published in today's Denver Post.

Surely the most mistake-ridden election in recent Colorado history has received little attention, although it is Colorado's "canary in the coal mine" of elections. A statewide grand jury report declared that numerous irregularities are routine in Colorado and therefore not subject to legal remedies. Many problematic election activities not viewed as blatantly fraudulent are deemed "substantially compliant" and therefore free from enforcement.

Do the following examples from Saguache County's November 2010 election for governor, senator and local races satisfy you as "good enough for government work"?

After a bipartisan citizens' canvass board refused to certify election results due to irregularities, the clerk unilaterally issued a certificate of election renewing her own job.

What's the point of having a canvass board if the clerk can overrule them, and in her OWN election!?

KathrynCWallace :: An Election Gone Wrong, Right Next Door
Surveillance videos of equipment operations were deleted after a reporter filed a Colorado Open Records Act request.

What good is taking the video if noone is allowed to see it?


The election night results showed that two incumbents lost. The clerk then conducted an unsanctioned new tabulation three days later that returned the incumbents to power.

Must be nice to be buddies with the clerk.

The clerk destroyed most election night paper records and refuses to release electronic copies of election data, claiming they are a manufacturer's proprietary records.

Is there really a conflict between the manufacturer's propritary records and the citizen's right to oversee their elections?  Don't we know people who make law?  Can't we fix this?

The clerk mailed unsolicited ballots to selected voters for a controversial tax measure. At least four ineligible voters were permitted to vote on the tax increase. The measure unofficially passed by one vote, although the canvas board would not confirm the questionable tabulation. Taxes were increased despite the obvious uncertainty.

ONE VOTE! It's the mythological one vote election.  And the canvass board won't certify it.

When the secretary of state ordered a ballot review, the clerk refused. He then sued her and the court has yet to issue a decision. The clerk continues to refuse access by public, press and secretary of state to the records required to verify or contest the election.

I always thought the SOS had rank over the clerks.  Guess not.


The public and the press investigated the uncertain Bush/Gore ballot tallies. That will not happen in most Colorado counties where election officials are closing doors to citizen oversight.

Transparency advocates are waiting for the Court of Appeals to decide if Colorado's law on public access to anonymous ballots is as open as in other states. In the meantime, egregious election irregularities are officially "substantially compliant" in Colorado.

This is why we're still talking about it.  Because it's not over.

Contact your state officials and demand that they abandon subpar standards and shore up Colorado's election code. The nation's voters expect nothing less of Colorado.

So, Marilyn and I part company here. DON'T email anyone.  Please, even if you completely agree with this, save your keystrokes.  However, if you are a hardworking volunteer with a relationship with a State lawmaker.  It deserves a mention.

Full disclosure, Marilyn and I serve together on the Board of the Coloradans for Voter Integrity.

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This Is One Reason Denver Returned to Paper Ballots
Certainly the large population of Denver County makes it a little more difficult to game an election as seems the case here.   Computer voting systems have historically been open to hacking and other irregularities.  Perhaps other count clerks should think about replacing the hackable machines.  

Paper Ballots are no better
When the clerk conducts recounts in the dark and refuses to turn over the ballots (electronic or otherwise), paper is no better than a machine.  Corruption seems to be technology neutral.

Today is a great day for democracy!

[ Parent ]
I Disagree
Paper is better than machines which can erase their instructions following a fraudulent count and recount.  Holding a hard copy of each vote retains a clear document of those votes cast and which can be examined.  Electronic voting always carries the possibility of a rogue program which may not be detected during audit.  

[ Parent ]
What if they throw away the ballots?
I don't think it makes a difference, paper or electronic. You can have a corrupt system either way. May as well save the tiny little pieces of paper.  

[ Parent ]
Not Next Door, Right Here at Home
Election Gone Wrong Right Next Door?  Actually, it was not next door, but right at home, in my view. The erroneous election tabulations in Saguache also affected the stated official totals in many federal and statewide races.
The Secretary of State's Election Director has claimed that I, as an Aspen resident, have no "legitimate interest" in Saguache County general elections.  Apparently,  I'm not allowed to care if the votes are tallied inaccurately for federal and state offices if the errors occurred outside my home county.  All Colorado electors own the results of every  counties' election returns. It's a shared problem and shared responsibility.

Proprietary records? Kathryn asked about the so called "proprietary records" of the manufacturer, and whether the law can be changed. It may not need to be changed, ---just enforced. It is clear that the records that the clerk is withholding are for the most part not even questionable. She has merely claimed that all electronic copies of reports, even ones designed for the public, are private property.  She cites no law or authority. The claim is bogus, and my Open Records  lawsuit against her has been pending for months.

ES&S, the supplier, is refusing to honor the deposition subpoena in Colorado, attempting to avoid testimony under Colorado laws.  Both the clerk and the supplier are using the court system to delay the ultimate disclosure of the electronic records which clearly belong to the public.  They will require that I spend scores of thousands of dollars to have the courts tell them to turn over the public records. All the time, they are seeking a sole source contract with the state.

One vote election?  To be clear,  the bi-partisan  canvass board would not certify the results because they were not allowed to verify  the results, or the supporting documents.  Those documents would have shown that ineligible voters voted in the election, and that ballots were mailed selectively to hand picked voters!

Paper ballots to solve the problem?  In this case, all but 7 ballots were paper ballots. They were scanned and tabulated on an uncertified, untested, inaccurate and unsecured optical scanner and tabulator. However, the SOS funded the purchase and use of the non-compliant equipment and looked the other way when the tabulations couldn't be verified.

Thanks Kathryn, for making more people aware of the growing problems.


Marilyn...
Still pissed off that Mick Ireland won as Mayor of Aspen?

[ Parent ]
Now now
Let's be nice to Marilyn.  She signed up just to talk about this issue and I invited her.  Believe me, Marilyn has plenty to be pissed off about when it comes to election integrity, or the lack thereof.

Today is a great day for democracy!

[ Parent ]
I know....
Snark in the sandbox. Not cool. Kudos to both of you for taking a stand for election integrity, and providing this information.  

[ Parent ]
Paper Ballots Can Be Examined and Counted Manually
Paper ballots to solve the problem?  In this case, all but 7 ballots were paper ballots. They were scanned and tabulated on an uncertified, untested, inaccurate and unsecured optical scanner and tabulator.

The fact is a tabulating system can be programmed to make small counts and then erase its rogue program.  

Hard copy county carries its own variance, but it is under more scrutiny than a black box counting method.  


[ Parent ]
But who's reading the paper?
Sain, the problem is you assume that someone will have a chance to look at the paper.  If the clerk won't even turn records over to the SOS, what good does it do to have a stack of paper ballots?  This is my whole point, the systems, electronic or otherwise, will all fail if the humans don't play by the rules.  

Today is a great day for democracy!

[ Parent ]
Thanks for passing along this info.
As a swing state we have to stay vigilant.  It only takes a shady clerk or two in a close election to change the outcome.

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