Re: Election in Boulder County nullified on constitutional grounds?

[Ralph Shnelvar <ralphs@xxxxxxxxx>]

Mr. Tiger:

On Tue, 10 Aug 2004 12:42:28 -0600, you wrote:

>Ralph said:
>
>"In prior paper ballot elections the way things worked is that you would
>have
>a ballot with a serial number and that serial number was on a removable
>stub.  You would mark the ballot and hand the completed ballot to an
>election judge - and here is the critical point - the judge would remove the
>stub with the serial number on it and return to you the ballot WITHOUT ANY
>IDENTIFYING INFORMATION.  Then you placed this anonymous ballot into the
>ballot box."
>[|>]
>[|>] The serial number was on the ballot. It was not removed by tearing off
>the stub.

I make the assumption that Mr. Tiger said: The serial number was on the
ballot. It was not removed by tearing off the stub.

For god's sake, Paul, check your facts.  This is getting embarrassing and
you're going to have to apologize yet again for a "mistatement".



The statute can be found at
http://198.187.128.12/colorado/lpext.dll/Infobase/1/25/a6e/bdd/c43?f=hitlist&q=election%20ballots&x=Advanced&opt=&skc=8000000300000C44&c=curr&gh=1&2.0#LPHit1

The relevant sections are
	1-5-407(1). Form of ballots.
and especially
	1-5-407(7)
	"No printing or distinguishing marks shall be on the ballot except
	as specifically provided in this code."

and, yes, 1-5-407(8) gives the Secretary of State the authority to change
the form of the ballot but she does not have the authority to override the
Colorado constitutional provisions that "no ballots shall be marked in any
way whereby the ballot can be identified as the ballot of the person casting
it."



The way the voting process used to work was that a voter would show up at
the polls.  The ballot with the stub and serial number exposed was recorded
in the poll book.

The voter would then go off to a private area and vote.  The ballot would be
returned to the voter with the stub(s) removed and then the voter would put
the ballot in the box.

But I repeat myself.


>
>Paul Tiger
>
>


Ralph Shnelvar