Wednesday, April 07, 2010

Wrongly denied, again. Public seeks scanned ballot image files from HART InterCivic system.

Subject: RE: Response to your letter of March 29th re: CORA

Dear Mr. Kolwicz:

The bottom line to all of your records requests is that the documents you are seeking are not in existence and under CORA we have no obligation to create any documents. That is not to say that the information does not exist – it does, just not in document form. As I noted before, these files cannot be exported. I have conferred with Stephanie Cegielski at the Secretary of State’s Office and she agrees with this interpretation of CORA in light of your request. In fact, she suggested, as a custodian of records, that you contact her about your request should you have any further questions. She can be reached at 894-2200 ext 6327, and I am copying her on this e-mail.

As far as Rule is concerned, that Rule applies to the testing for certification process which has already occurred. Furthermore, the records you request are not “election results” as contemplated by that Rule. Therefore, that Rule is not applicable to your request.

Finally, I am aware of which Title applies to our elections. I mentioned the Pitkin County Order by way of analogy only as there are similar provisions in the Election Code.


Shelley Bailey
Assistant County Attorney
Boulder County

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