Saturday,

J anuary 1 7, 2 015 at 6 :27:02 PM M ountain Standard Time

Subject: Chie%ain: Clerk can't cer0fy results Or0z said

Date: Monday, December 1, 2014 at 11:26:32 AM Mountain Standard Time
From:
To:

Marilyn Marks
Marilyn Marks

Clerk cant certify results Ortiz said secretary of states office informed him
Wednesday
BY JEFF TUCKER THE PUEBLO CHIEFTAIN
The Pueblo County Clerk and Recorder got word this week that neither he, nor anyone from his
office, will be allowed to certify local election results after all. What that means for county
government is a question still being pondered by legal staff at the county, but it could result in a
lawsuit by a citizen or candidate or appointments by the county board of commissioners, said
Clerk Gilbert Bo Ortiz Friday. The one thing I do know is that I dont have the authority to
(certify), Ortiz said Friday.
A week ago, Ortiz said he was prepared to have his chief deputy
certify the results of the county elections based on an interpretation of state rules that allowed him
to do so, while the secretary of state would certify the state results. A spokesman from the
secretary of states office also said the clerk had the authority to certify the local elections. But
Ortiz said he was told Wednesday that rule was no longer in place and that the attorney generals
office said he could not certify the local results. Whats left, it appears for now, is the status quo.
Ortiz said its not possible to swear in the winners of the November election until the canvass is
certified. But in all but one of the local elections, the winners were incumbent Democrats.
Republican Brian Cotter won an open seat for coroner. Ortiz said the current legal speculation at
the county is that retiring Coroner James Kramer would be asked to remain in his position. But if
he chose to resign, the spot would be open for an appointment by the board of county
commissioners.

Ive talked to a number of attorneys and theyre all in agreement on this, Ortiz said.
The county canvassing board failed to certify the election after board members from the American
Constitution and Republican parties voted against the certification.
The conflict stems from a dispute between the board members and Ortiz over how to audit the
results on a precinct- by-precinct basis.
The board began by looking at five precincts and when the first precinct was off by two votes,
Ortiz said he became concerned about the process the group was following and stopped it.
Ortiz has said he was worried they were making up a procedure to account for the absence of poll
books caused by an all-mail election and that process was outside the scope of the secretary of
states rules.
Board members also were concerned over inconsistencies in paper ballots that were copied and
filled in by Republican and Democratic judges after the originals were rejected by the countys
tabulation machinery.

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One canvass board member said it didnt appear the ballot style matched the originals in the few
ballots they were allowed to view.
More than 1,700 ballots were outstacked and copied.
Ortiz has claimed that the number of ballots counted and the number of votes cast in the county
match.
On Friday, he also noted that the duplicates were done by judges from both major parties under
the watchful eyes of security cameras in the election department.
No local race was decided by less than 2,000 votes.
jtucker@chieftain.com

The one thing I do know is that I dont have the authority to (certify).
GILBERT BO ORTIZ COUNTY CLERK

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