Recall By The Numbers
Crestone vs. The Valley
The unofficial election results in the recall of Democrat Melinda Myers of Moffat and the succession of Republican Carla Gomez of Center as Saguache County clerk disclose a clear political division in the county as well as some voter confusion.
Myers was removed from office on Tuesday (Jan. 24) by a countywide vote of 941-453, a margin of more than two to one, but in the Crestone-Baca precinct the vote was 87-256, three to one against recall. And while Gomez won election by a countywide vote of 762-319, her opponent Patricia Jenkins prevailed in Crestone, 109-50.
The successor votes are at odds with the rule stated on the ballot: namely, that only those who voted to recall Myers could go ahead and vote for her successor. In other words, 941 voted for recall but 1081 voted for a successor, an error of nearly 15 per cent. But the 140 spurious votes would not affect the succession, since Gomez won by 443 votes.
The highly publicized election drew more voters than the clerk’s race in the general election of 2010, when Myers beat Gomez. The ballot was headed by an eight-point statement in English and Spanish accusing Myers of gross negligence, violation of duty, failure to fulfill responsibilities, obstructing access to public records and loss of voter confidence. It also asserted that her election conduct was investigated by a grand jury (which, however, did not indict her).
The statement was the same as the statement in the recall petiion signed by more than 700 registered voters and was required by the Colorado recall law. A ballot statement in response, allowed by the same law, was missing because Myers missed the deadline to submit one, claiming she had not been properly informed.
The the state law allowing recall talking points — and they are little else — to be published on the official ballot is at odds with the universal rule against electioneering (as well as alcohol) in a polling place. It is prejudicial, in my opinion — or at least it was in this case. The law says the electors shall be the sole judges of “the legality, reasonableness, and sufficiency” of the statement, meaning it can be false. This, it seems to me, is at odds with another Colorado law that prohibits anyone knowlingly or recklessly making a “false statement designed to affect the vote on any issue submitted to electors.”
But it’s unlikely anybody will go to court over these contradictions, since Myers obviously had problems and the recall election has already cost the county an estimated $30,000. (It was conducted by the Treasurer’s office.)
Myers’ primary mistake, apart from not defending herself, was refusing public inspection of the ballots from the disputed 2010 election, in which she defeated Gomez by a few votes after a recount. This drew the attention of truth-in-government activist Marilyn Marks, a former Atlanta trucking company owner and chief executive who retired to Aspen in 2002 (according to the Aspen Times).
In 2009 after losing a race for mayor she sued the city, which refused to give her access to the ballots. She lost in district court but the decision was overturned by the appeals court. The city appealed to the Supreme Court, which still has the case.
The city’s position that her inspection would violate the principle of the “secret,” or anonymous, ballot was the same used by Myers, reflecting the position of a Colorado association that includes election officials. In other words, that interlopers cannot lawfully track individual ballots back to the voters. Marks’ position, as I understand it from reading the Aspen papers, is that ballots should be untrackable in the first place — that is, there should be no marks identifying a voter and therefore public inspection does not violate anything at all.
In my opinion, Marks is right, and it is not a trivial issue. The writer Bev Harris began campaigning against “Blackbox Voting” more than a decade ago out of concern about the potential to rig electronic voting machines. She has been influential in restoring paper ballots in a number of states.
Marks was allied with the recall petition committee, which included some familiar Saguache County figures. Namely, Republican Steve Carlson, who narrowly lost his race for county commission after the 2010 recount, Lisa Cyriacks, who has been active in reapportionment, Mike Garcia, Judy Page and Ed Nielsen.
With the 2012 election now to be conducted in Saguache County by a Republican under general supervision by a Republican Secretary of State, I presume that Gomez will avoid the mistakes of her predecessor and that, among other things, the ballots will be open for public inspection next November.






