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Last Updated: April 30, 2013 at 10:15 AM

Citizen Center v. Gessler

Case Information

Date Filed: February 13, 2012
State: Colorado
Issues: Improper Election Administration, Voting Technology
Current Court: United States 10th Circuit Court of Appeals (Case 12-1414)

Issue:

Whether the election procedures of six Colorado counties infringe on the rights to vote, political expression, and speech.

Status:

complaint filed 2/13/12. Motions to Dismiss filed 6/4/12. Motion for Temporary Restraining Order and Preliminary Injunction filed 8/17/12. Case dismissed by minute order 9/24/12. Judgment issued 9/25/12. Appeal docketed with 10th Circuit on 10/30/12.

See related state court case: Marks v. Koch

Circuit Court Documents

Receipt of Appeal (filed 10/19/12)
Docketing Statement (filed 10/30/12)
Mediation Conference Notice (filed 11/26/12)
Stipulated Joint Motion for Partial Dismissal of Appeal (filed 12/20/12)
Order Dismissing Defendant Reiner as a Party (filed 12/21/12)
Deadline Extended (filed 2/20/13)
Briefing Deadline Extended (filed 3/13/13)
Deadline Extended (filed 4/15/13)
Briefing Deadline Extended (filed 4/29/13)

District Court Documents

Complaint (filed 2/13/12)
Unopposed Motion for Extension of Time to File Answer (filed 3/13/12)
Order Granting Unopposed Motion (filed 3/13/12)
County Clerks' Joint Motion to Dismiss (filed 4/16/12)
Secretary's Motion to Dismiss (filed 4/16/12)
Amended Complaint (filed 5/10/12)
Stipulated Motion to Deny Pending Motions to Dismiss as Moot (filed 5/22/12)
Order Granting Stipulated Motion to Deny Pending Motions to Dismiss as Moot (filed 5/22/12)
County Clerks' Joint Motion to Dismiss First Amended Complaint (filed 6/4/12)
Sec. of State's Rule 12(b)(1) Motion to Dismiss First Amended Complaint (filed 6/4/12)
Citizen Center's Emergency Motion for Reconsideration (filed 6/8/12)
Court Order on Defendant's Response Time to Plaintiff's Emergency Motion (filed 6/11/12)
Scheduling Order (filed 6/13/12)
Plaintiff's Objection to Part of Magistrate's June 4 Scheduling Order with Exhibits (filed 6/18/12)
County Clerks' Response to Plaintiff's Emergency Motion (filed 6/22/12)
Secretary's Response to Plaintiff's Emergency Motion (filed 6/22/12)
Citizen Center's Response to Secretary's Rule 12(b)1 Motion (filed 6/28/12)
Citizen Center's Response to County Clerks' Joint Motion to Dismiss (filed 6/28/12)
Declaration of Marilyn R. Marks (filed 7/5/12)
Citizen Center's Reply to Defendants' Separate Responses to Emergency Motion for Reconsideration (filed 7/9/12)
Defendants' Motion to Stay Consideration of Objection to Magistrate Judge's Discovery Ruling (filed 7/10/12)
Motion of Citizen Center for Leave to File First Supplemental Complaint Pursuant to Rule 15(d) (filed 7/10/12)
Court Order Regarding Motion for Reconsideration (filed 7/16/12)
Court Order Denying Defendants' Motion to Stay Consideration of Objection to Magistrate Judge's Discovery Ruling (filed 7/18/12)
Response to Plaintiff's Motion to Supplement (filed 7/23/12)
County Clerks' Joint Reply in Further Support of their Motion to Dismiss First Amended Complaint (filed 7/26/12)
Reply in Support of Secretary's Rule 12(b)(1) Motion to Dismiss Plaintiff's First Amended Complaint (filed 7/26/12)
Order Granting Leave to File First Supplemental Complaint (filed 7/27/12)
First Supplemental Complaint (filed 7/27/12)
Subpoena to Produce Documents (filed 8/8/12)
Waiver of Service of a Subpoena (filed 8/13/12)
Stipulation and Protective Order (filed 8/14/12)
Subpoena for Records (filed 8/16/12)
Citizen Center's Motion for a Temporary Restraining Order and a Preliminary Injunction (filed 8/17/12)
Motion to Quash (filed 8/20/12)
County Clerks' Response to Plaintiff's Motion for a Preliminary Injunction (filed 8/24/12)
Secretary of State's Response to Citizen Center's Motion for a Temporary Restraining Order (filed 8/24/12)
Citizen Center's Reply Supporting Motion for a Temporary Restraining Order and Preliminary Injunction (filed 9/4/12)
Citizen Center's Response to Motion to Quash (filed 9/13/12)
Order Denying Motion to Quash as Moot (filed 9/14/12)
Case Dismissed by Minute Order (9/24/12)
Final Judgment (filed 9/25/12)
Disclosure Costs (filed 10/5/12)
Bill of Costs (filed 10/5/12)
Proposed Bill of Costs (filed 10/5/12)
Defendant Reno's Proposed Bill of Costs (filed 10/5/12)
Exhibits of Reno's Costs (filed 10/8/12)
Order Assigning Costs (filed 10/15/12)
Notice of Appeal (filed 10/18/12)

Commentary

Silence of the Lambs

Dale A. Oesterle

With the election of 2012 now well over and past the second inauguration of the incumbent President, the historical analysis of the events has begun and will last as long as written human history lasts. An interesting tidbit may already be lost to the majesty of the moment.

The voters of three very different states, Alaska, New Hampshire, and Ohio, all had an opportunity to call state constitutional conventions. In each state the voters turned the opportunity down by very similar votes, 68%, 64% and 68% respectively against.

more commentary...

In the News

EXCLUSIVE: Voter fraud, or just errors?

Professor Dan Tokaji was quoted in a Cincinnati Enquirer article about whether citizens who cast two ballots in elections have committed voter fraud. Some citizens under investigation say they were confused about the process or worried their original votes, often sent via absentee ballot, wouldn't count. Tokaji said there is often a valid reason someone would cast an absentee ballot and then a provisional one at a voting location.

“It’s certainly not a crime or intentional double voting,” he said. “Officials are not supposed to count provisional ballots if an absentee ballot has been cast.”

Submitting both “doesn’t come close to voting fraud,” he said. “The burden is on the board of elections to make sure two votes don’t count.”

more EL@M in the news...

Info & Analysis

Ohio House Committee Recommends Upholding Landis' Election Victory

Yesterday, an Ohio House of Representatives committee recommended 5-4 that the Ohio House uphold the election victory of Republican State Representative Al Landis over Democratic challenger Josh O'Farrell. In February, the Ohio Supreme Court sent the O'Farrell v. Landis record to the House for consideration. According to an article in the Canton Repository, committee chairman and State Representative Matt Huffman said he expects a vote by the full House later this month.

more info & analysis...

Major Pending Cases

more litigation...

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