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)

• Battle rages over tracing voted ballots in Colorado (1/26/12)

• 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)
• Marks prevails (again) in Aspen ballot case (7/17/12)