DENVER — Over the protests of several election activists, a Senate committee passed a bipartisan bill to encircle Colorado elections so that ballots cannot be released under the Colorado Open Records Act until the results are final.

The measure would apply CORA exemptions to ballots cast 45 days before an election and until the results are certified by county clerks, which usually takes about two weeks. That means that nobody would be able to demand results or the number of votes cast immediately before or after an election.

The bill is supported by a broad coalition of state party officials, the state Democratic and Republican parties, the County Clerks Association, the Colorado Municipal League and the Colorado Press Association, who all say the measure is needed to protect voters’ identities and to clarify public access to ballots and election results.

El Paso County Clerk and Recorder Wayne Williams told the committee that the bill would help election staff do its job more efficiently by not forcing them to respond to “over-burdensome requests.” He said such requests don’t necessarily have any rhyme or reason.

“The people who respond don’t have to respond with a rational statement. They can say, ‘I want to look at everything!’” Williams said.

Opponents argued that making ballots inaccessible to the public during the voting process makes election officials less accountable. The bill, they contended, could make it easier for partisan election officials to manipulate results.

Coloradans need CORA protections to “not be slapped in the face,” activist Harvie Branscomb told the committee.

Aspen resident Marilyn Marks, who sued in 2009 to get electronic images of ballots from the county clerk, told the committee they were playing with fire.

“Our cure here is worse than the disease,” she said.

Williams and the committee dismissed her argument and said elections will be totally transparent. Just not at all times.

“This bill just protects more ballots under CORA. That’s all it does. It doesn’t change anything else,” said Sen. Rollie Heath, D-Boulder, one of the bill’s sponsors. “It doesn’t take away election judges or poll watchers.”

Ballots — minus the identities of the voters — can be obtained under CORA after the results are certified.

And if a clerk screws up an election, or manipulates it illegally, Williams pointed out that voters can pull the clerk out of office. That happened earlier this year to the clerk and recorder in Saguache County after she botched an election in 2010.

“Vote me out! I’m an idiot!” was what happened, Williams said jokingly.

The bill passed out of committee unanimously, and will go to the full Senate.

—Contact John Schroyer: 476-4825 Twitter @Johnschroyer Facebook Gazette John Schroyer

Photo by