The Election Law Program’s second war game was held in Vail, Colorado on September 11, 2012. The goal of the war game was to troubleshoot state election statutes and educate judges about the unique nature of election litigation. Videos and supporting materials for the Colorado war game (scenario overview, briefs, etc.) are found here.
The hypothetical case used for this war game involved a Colorado election statute that provides public access to voted ballots. Specifically, a recent amendment to Colorado’s Open Records Act (CORA) grants members of the public access to voted ballots, but denies access during the canvass period and during a recount. The canvass period ends 17 days after the election, but candidates have until 31 days after Election Day to request a recount. The war game posited a scenario in which a CORA request is made after the canvass but just before a recount petition is filed, and whether CORA access should be granted or denied under these circumstances.
Neither the real world candidates named in this hypothetical (or their actual attorneys or other representatives) were consulted on the content of this hypothetical or are in any way responsible for it. The two attorneys arguing each side of the hypothetical case did so as part of the exercise and do not actually represent their hypothetical clients.
The Election Law Program would like to thank the Deer Creek Foundation for its generous support of this war game.