At Least Six Colorado Counties Can't Start Printing Ballots Until Court Hearing on September 21, Concerning Bar Codes on Ballots

On September 21, U.S. District Court Judge Christine Arguello will hear Citizen Center v Gessler, 1:12-cv-370. The issue is whether the U.S. Constitution guarantees a secret ballot. At least six Colorado counties plan to print ballots with bar codes, that could conceivably enable someone to learn how a particular voter voted. Citizen Center is a non-profit membership organization that wants to protect the secret ballot. The hearing will be at 8:30 a.m. Presumably, the judge will decide the case very quickly after the hearing, because the ballot-printing process needs to begin.

Citizen Center depends on the First Amendment, the Due Process Clause of the 14th Amendment, and the Equal Protection clause of the 14th Amendment.

2 comments

  1. One more brain dead case.

    ZERO in the U.S.A. Constitution about secret ballots.

    LOTS of stuff in the State Constitutions about secret ballots — as a result of the EVIL robot party hacks in their terrorist threats and purges in the 1800s when there were public (nonsecret) ballots.

    http://en.wikipedia.org/wiki/Secret_ballot

  2. Co Const Art. VII, Sec. 8 (around since 1876 – repeat 1876) — relevant part

    All elections by the people shall be by ballot, and in case paper ballots are required to be used, no ballots shall be marked in any way whereby the ballot can be identified as the ballot of the person casting it. The election officers shall be sworn or affirmed not to inquire or disclose how any elector shall have voted. In all cases of contested election in which paper ballots are required to be used, the ballots cast may be counted and compared with the list of voters, and examined under such safeguards and regulations as may be provided by law. Nothing in this section, however, shall be construed to prevent the use of any machine or mechanical contrivance for the purpose of receiving and registering the votes cast at any election, provided that secrecy in voting is preserved.
    —–
    ALL sane States have similar stuff — to reduce the power of the EVIL robot party hack terrorists.

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