The URL can be used to link to this page

Home My WebLink AboutC18-250 Eagle County Clerk and RecorderMEMORANDUM OF UNDERSTANDING BETWEEN EAGLE COUNTY CLERK AND RECORDER AND THE BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF EAGLE, STATE OF COLORADO CONCERNING THE NOVEMBER 6, 2018 GENERAL ELECTION This Memorandum of Understanding is made and entered into August 28, 2018 between Eagle County, by and through the Eagle County Board of County Commissioners (hereinafter referred to as “Eagle County”), and the Eagle County Clerk and Recorder (hereinafter the “Clerk”), concerning the administration and conduct of the November 6, 2018 General Election (the “General Election”). RECITALS WHEREAS, pursuant to C.R.S. § 1-7-116 (1) (a) the Clerk will serve as the designated election official for the General Election, and in accordance with state law, will conduct the General Election on behalf of all participating political subdivisions having jurisdiction within the boundaries of Eagle County; and WHEREAS, C.R.S. § 1-7-116 (2) requires each political subdivision for which the Clerk will conduct the General Election to enter into an agreement with the Clerk concerning the conduct of the General Election, to be signed no later than 70 days prior to the scheduled election; and WHEREAS, Eagle County intends to submit ballot issue(s) at the General Election; and WHEREAS, The Clerk and the Board of County Commissioners for the County of Eagle, State of Colorado, wish to clarify their responsibilities and memorialize their agreement with respect to the conduct of the General Election. AGREEMENT NOW, THEREFORE, in consideration of the above premises and the promises contained herein, the parties agree as follows: A. The Board of County Commissioners of Eagle County will: 1. Determine the ballot issue(s) that it will submit to the voters at the General Election. DocuSign Envelope ID: 74628572-B061-4092-813F-0A633FCF2E98 2. Determine such ballot title and text in accordance with the requirements of Colorado law, including Article X, Section 20 of the Colorado Constitution, if applicable. 3. Provide Spanish translations for any ballot title and text submitted for the General Election. 4. Be solely responsible for the accuracy, grammar and spelling of all ballot titles and text. 5. If applicable, include, within its Ballot Issue Notice (TABOR Notice, Article X, Section 20 of the Colorado Constitution) ballot titles in this order of preference: - Citizen Petitions: i. Notice of Election to Increase Taxes ii. Notice of Election to Increase Debt - Referred Measures: i. Notice of Election to Increase Taxes ii. Notice of Election to Increase Debt 6. If applicable, title the Tabor Notice in accordance with the requirements of Article X, Section 20 of the Colorado Constitution. 7. If applicable, provide Eagle County’s completed TABOR Notice to the Clerk in the format described in Appendix A in English and Spanish. B. The Clerk shall perform the following services and activities for the General Election: 1. Adhere to all applicable provisions of C.R.S. Title One, Federal law related to elections and Colorado Secretary of State Rules. 2. Perform all services necessary for voting in Eagle County’s elections, including but not limited to pre and post-election testing of voting equipment, preparation for voter ballot materials, receipt and processing of applications for voter- registrations, receipt and processing of overseas and military voter applications for ballot delivery, timely mailing of ballots, tabulation of votes and certification of results. 3. Provide four locations for Voter Service and Polling Centers throughout the County during all Elections. DocuSign Envelope ID: 74628572-B061-4092-813F-0A633FCF2E98 4. Exercise all reasonable diligence, care and control in providing these services to Eagle County. 5. Serve as Eagle County’s Designated Election Official under C.R.S. § 1-5-203(3) (a). 6. If applicable, accept and summarize comments received, in favor of and in opposition to ballot questions, to be included on the Tabor Notice. 7. Mail any required notice by Article X, Section 20(3) (b) in the most cost effective manner feasible to all registered Eagle County voters. 8. Combine the text of any TABOR Notices that may be produced by Eagle County with those of other political subdivisions to provide the TABOR Notice packet. 9. Include in any required TABOR Notices mailed to each household where one or more eligible electors reside, voter notification information which will include household address, the specific election being noticed and other applicable information. 10. Address the packet to “All Registered Voters” at each address of one or more active registered electors within Eagle County. Nothing herein shall preclude the Clerk from sending any required TABOR Notice to persons other than active electors of Eagle County if such sending arises from the County Clerk’s efforts to mail the TABOR Notice packet at “least cost.” 11. Be responsible for placing TABOR Notices received from the various political subdivisions participating in the Election in the proper order in the TABOR Notice packet. As nearly as practicable, the notice shall be in the order the ballot issues will appear on the ballot. 12. Mail the TABOR Notice packet, addressed as required by law, at least 30 days before the Election. DocuSign Envelope ID: 74628572-B061-4092-813F-0A633FCF2E98 IN WITNESS WHEREOF, this Memorandum of Understanding is executed and entered into on the day and year first written above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ______________________________ Kathy Chandler-Henry, Chair Attest: By: _________________________________ Regina O’Brien, Clerk to the Board CLERK AND RECORDER FOR EAGLE COUNTY, COLORADO By: _____________________________ Regina O’Brien, Clerk DocuSign Envelope ID: 74628572-B061-4092-813F-0A633FCF2E98 APPENDIX A Eagle County shall certify its ballot content in conformance with the following formatting guidelines: • Software: Microsoft Word '03 or later (not PDF) • Spacing: Single • Font Type: Arial Narrow • Font Size: 8 point • Justification: Left • All Margins: 0.5 inches • Language: English (Spanish translation strongly encouraged) • Delivery Medium: Email attachment DocuSign Envelope ID: 74628572-B061-4092-813F-0A633FCF2E98