DA’s Aspen election probe continues
June 12, 2010
ASPEN – An investigation into alleged election law violations in Aspen by the district attorney’s office is ongoing.
Deputy District Attorney Tony Hershey said last week he thought the investigation might wrap up soon, but said Friday that more legal issues have been identified.
“It’s going to take more time. I want to make sure this is thoroughly investigated,” he said.
The 9th Judicial District DA’s office launched the investigation in response to an affidavit filed by Marilyn Marks. Details of the affidavit have not been made public, but Hershey said the issues are complex, involving state election law, the Colorado secretary of state’s election laws, the city’s municipal code and its Home Rule Charter.
Once the investigation is complete, the DA’s office will decide whether it will pursue criminal charges.
Marks was also one of several citizens who filed complaints with the city’s Election Commission regarding the conducting of the May 2009 election, Aspen’s first using instant runoff voting, or IRV.
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“Aspen’s 2009 election suffered from a variety of administrative, legal and process problems,” wrote Marks in her complaint to the commission. “This complaint includes an array of violations of applicable state and local law, as well as significant administrative issues.”
The commission has yet to take up any of the complaints, but the Aspen City Council has indicated it will ask voters in the fall if they want to do away with IRV.
Marks was a candidate for mayor in the 2009 election, losing to Mick Ireland. She had said she is not interested in overturning the results of the election.
Hershey is a former Aspen city councilman.