Last Updated: July 19, 2012 at 11:26 AM
Marks v. Koch
Case Information
Date Filed: October 8, 2009
State: Colorado
Issues: Improper Election Administration, Freedom of Information
Courts that Heard this Case: Colorado Court of Appeals (Case 10CA1111); Colorado Supreme Court (Case No. 11SC816); Pitkin County District Court (Case 09CV294)
Issue:
Whether article VII, §8, of the Colorado Constitution prohibits making cast election ballots available for public inspection pursuant to the Colorado Open Records Act
Status:
Petition for Writ of Certiorari Granted by Colorado Supreme Court 4/16/12, subsequently denied 6/21/12. Petition of Certiorari to Colorado Supreme Court filed 11/9/11. Court of Appeals Decision Announced 9/29/11.
See related federal court case: Citizen Center v. Gessler
Pitkin County District Court Documents
- Complaint
(filed 10/8/09) - Memorandum in Support of Motion to Dismiss of Defendant Koch (filed 11/6/09)
- Memorandum in Response to Defendant's Motion to Dismiss (filed 12/1/09)
- Defendant Koch's Disclosure of Expert Testimony (filed 1/22/10)
- Order dismissing complaint (filed 3/10/10)
Colorado Court of Appeals Documents
- Brief of Appellant Marilyn Marks (filed 10/19/10)
- Answer Brief of Appellee Kathryn Koch (filed 11/30/10)
- Addendum to Appellee's Answer Brief (filed 11/30/10)
- Opinion Reversing and Remanding Judgment (filed 9/29/11)
Colorado Supreme Court Documents
- Petition for Writ of Certiorari (filed 11/9/11)
- Petition Granted (filed 4/16/12)
- Petition Denied as Improvidently Granted (filed 6/21/12)
- Petition for Rehearing Denied (filed 7/16/12)
Related News Articles
-
City files appeal to high court over ballot ruling (11/12/11)
- Ballot transparency a statewide debate (11/28/11)
- State high court to review Aspen ballot-images case (4/17/12)
- Marks prevails in lawsuit over Aspen election ballots: State Supreme Court won't hear appeal after all (6/28/12)
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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.
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