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Lawmakers Vote Down Proposal To Open Records on Secret-Ballot System at Colorado Statehouse

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  • Colorado Freedom of Information Coalition

    The Colorado Freedom of Information Coalition is a nonpartisan alliance of groups, news organizations and individuals dedicated to ensuring the transparency of state and local governments in Colorado by promoting freedom of the press, open courts and open access to government records and meetings.

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Legislators Friday defeated a CORA bill amendment, proposed by Sen. Barbara Kirkmeyer, aimed at opening records on the Democrats’ use of a secret survey to help decide the fate of bills requiring state funding.

Kirkmeyer, a Brighton Republican, listed several reasons why she believes use of the anonymous “quadratic voting” system by the House and Senate Democratic caucuses — reported on extensively by KUNC public radio — violates the Colorado Open Meetings Law.

Her reasons mirrored arguments made by the Colorado Freedom of Information Coalition in a letter sent last fall to legislative leaders. CFOIC noted the Colorado Supreme Court’s 1983 ruling in Cole v. State, holding that legislative caucus meetings are subject to the open meetings law. We pointed to the law’s prohibition against meeting via electronic means unless the public is provided notice and an opportunity to observe. And we cited the law’s prohibition against public bodies using secret ballots to adopt any “position.”