OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

 

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

Colorado Court of Appeals Documents

Colorado Supreme Court Documents

Related News Articles

 

Commentary

Edward B. Foley

When Should a Voter’s “Clerical Error” Invalidate a Ballot?

Edward B. Foley

Not when the state already has enough information to verify the ballot’s validity.

more commentary...

In the News

Daniel P. Tokaji

An Obscure Ohio State Law Could Shake Up the Republican Convention

Professor Dan Tokaji was quoted in an ABC News article about the Republican Convention:

“It’s entirely imaginable that these kind of controversies will emerge if Donald Trump goes into Cleveland without 1,237,” said Dan Tokaji, an expert in election law at the Moritz College of Law at Ohio State University, referring the number of delegates needed to clinch the nomination. “There’s going to be a furious jockeying for these delegates.”

more EL@M in the news...

Info & Analysis

6th Circuit Reverses District Court, Permits Elimination of Golden Week in Ohio

In a 2-1 opinion released today, the Sixth Circuit U.S. Court of Appeals reversed the decision of the District Court, which had blocked the Ohio General Assembly\'s elimination of a \"Golden Week\" in which voters could both register and cast their votes. The Sixth Circuit disagreed with the District Court\'s determination that Ohio\'s election laws violated the equal protection clause of the U.S. Constitution and the Voting Rights Act. The case is Ohio Democratic Party v. Husted.

more info & analysis...