Saturday, October 22, 2016

Challenge to Colorado’s Ballot Selfie Law

On October 20, 2016, Attorney Adam Frank representing Libertarian Party of Colorado Communications Director, and Libertarian National Committee Region 1 Representative, Caryn Ann Harlos, requested that Colorado Attorney General Cynthia Coffman and Denver District Attorney Mitch Morrisey publicly affirm that their offices will not be prosecuting any violations of C.R.S.§ 1-13-712 prohibiting the sharing of a voter’s marked ballot and disclosure of the voter’s candidate selection.

This statute is blatantly unconstitutional and in violation of the fundamental right to freedom in political speech.

As stated in this communication:

Ms. Harlos would like to make and publish a video of herself filling out her ballot while describing why she is voting for Gary Johnson, the Libertarian Party’s candidate for President. As the Communications Director for a third party, it is vital to her party’s future the she be allowed to publicize her vote on social media in order to encourage others to vote for her party’s candidates in this and future elections. In short, Ms. Harlos seeks to engage in essential political speech. Prosecuting her for doing so would be blatantly unconstitutional.

Harlos has indicated her intent to direct her attorney to file a Civil Rights suit on her behalf in Federal Court seeking a temporary and permanent injunction if a positive response is not received by close of business on October 26, 2016.

NYC Wins When Everyone Can Vote! Michael H. Drucker
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