Gessler issues statement on Court of Appeals CORA ballot decision

“Pleased to see the court struck a balance between important interests”

Denver, September 29, 2011 – Secretary of State Scott Gessler issued the following statement today in response to the Colorado Court of Appeals decision in the Marks v. City of Aspen case:

"I am pleased to see the court struck a balance between the important interests of openness and transparency in elections on one hand, and the need for voter privacy on the other. This decision highlights a need to develop procedural guidelines going forward. Our office will work with county clerks and recorders and the public to achieve this balance."

In the case, Marilyn Marks, a candidate in the 2009 Aspen mayoral race, sought access to electronic images of voted ballots under the Colorado Open Records Act. Marks’ request to view the ballot images had been denied by the Aspen municipal clerk. The appeals court found in favor of Marks. The decision can be found on the court of appeals website (PDF).