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CITIZEN CENTER v. GESSLER

No. 12-1414.

770 F.3d 900 (2014)

CITIZEN CENTER, Plaintiff-Appellant, v. Scott GESSLER, in his official capacity as Colorado Secretary of State; Angela Myers, in her official capacity as Larimer County Clerk & Recorder; Pam Anderson, in her official capacity as Jefferson County Clerk & Recorder; Hillary Hall, in her official capacity as Boulder County Clerk & Recorder; Joyce Reno, in her official capacity as Chaffee County Clerk & Recorder; and Teak Simonton, in her official capacity as Eagle County Clerk & Recorder, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 21, 2014.

Attorney(s) appearing for the Case

Robert A. McGuire, III , McGuire Bains LLC, Lone Tree, CO ( Jeffrey David Baines , McGuire Baines LLC, Denver, CO, on the briefs), for Plaintiff-Appellant.

David Hughes , Boulder County Attorney, Boulder, CO, and LeeAnn Morrill , First Assistant Attorney General, Office of the Attorney General for the State of Colorado, Denver, CO ( Writer Mott and David Wunderlich , Assistant Jefferson County Attorneys, Golden, CO, David Ayraud and William G. Ressue , Larimer County Attorney's Office, Fort Collins, CO, Gillian Dale and Tom Lyons , Hall & Evans, Denver, CO, Bryan Treu , Eagle County Attorney, Eagle, CO, and Jennifer Davis , Chaffee County Attorney, Salida, CO, and John W. Suthers , Attorney General, with them on the briefs) for Defendants-Appellees.

Before HOLMES, McKAY, and BACHARACH, Circuit Judges.

BACHARACH, Circuit Judge.

In May 2012, election officials in six Colorado counties (Larimer, Jefferson, Boulder, Chafee, Eagle, and Mesa) had the theoretical ability to learn how individuals voted because the ballots were traceable. Citizen Center, a Colorado non-profit organization, sued the Secretary of State and the clerks for five of the six counties, contending that the use of traceable ballots violates members' federal...

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