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HomeMy WebLinkAboutC24-447 IGA ERFPD_general election - first amendment FIRST AMENDMENT TO INTERGOVERMENTAL AGREEMENT BETWEEN THE EAGLE COUNTY CLERK AND RECORDER AND EAGLE RIVER FIRE PROTECTION DISTRICT CONCERNING THE TUESDAY, NOVEMBER 5, 2024 GENERAL ELECTION THIS FIRST AMENDMENT (“First Amendment”) is effective as of October 11, 2024 by and between the Eagle County Clerk and Recorder (the “Clerk”) and Eagle River Fire Protection District (“District”)(collectively the Clerk and the District may hereinafter be referred to as the “Parties”). RECITALS WHEREAS, the Parties entered into an intergovernmental agreement dated August 27, 2024, concerning Parties’ duties and obligations and coordination concerning the November 5, 2024 election (the “Original Agreement”); and WHEREAS, based on recent guidance from the Secretary of State’s Office for counties coordinating a mail ballot election with any Title 32 Special District such as the District, the Parties wish to amend Appendix D to the Original Agreement so that ballots are sent to all voters who own taxable real or personal property within the District, instead of only voters who return an affidavit of eligibility to vote in said election; and FIRST AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: 1. Appendix D as set forth in the Original Agreement shall be hereby deleted in its entirety and replaced with the revised Appendix D Revised 10.11.2024, which is attached hereto and incorporated herein by reference. 2. Capitalized terms in this First Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the First Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. 3. Except as expressly altered, modified and changed in this First Amendment, all terms and provisions of the Original Agreement shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 4. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. Docusign Envelope ID: CE7603A4-3EFC-4E11-A617-889D5393772B 2 Eagle County Am Scope and Comp Final 4/28/2022 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Original Agreement the day and year first above written. _________________ Kristen Nash Designated Election Official for the District ________________________ Regina O’Brien Eagle County Clerk and Recorder Docusign Envelope ID: CE7603A4-3EFC-4E11-A617-889D5393772B Appendix D Revised 10.11.2024 PROPERTY OWNER BALLOTS – TITLE 32 This appendix defines responsibilities when conducting an election for a Political Subdivision (governed under Title 32) in which property owners and their spouse or civil union partners who are not Eagle County residents but are registered electors in the State of Colorado may be eligible to vote. Overview - Property Owner Ballots Property owner ballots are special ballots that contain only those ballot contests certified by Political Subdivisions in which owners (and their spouses or civil union partners) of real and personal property are eligible to vote as long as they reside outside of the Political Subdivision but are registered to vote in Colorado (32-1-103(5) C.R.S.). If a person resides in and is registered to vote in the Political Subdivision, and also owns additional property in the Political Subdivision, the Clerk will issue the voter a regular Eagle County ballot style that contains all of the contests in which they are eligible to vote in a given election, including the ballot content referred by the Political Subdivision. If a person resides outside of the Political Subdivision, owns property within the Political Subdivision, and is registered to vote in the State of Colorado, the county will issue a property owner ballot containing only the contests referred by the Political Subdivision. The property owner ballot will be sent to the mailing or ballot mailing address on record in the statewide voter registration system. Property owners who are registered voters outside of the State of Colorado are not eligible to vote a property owner ballot. Responsibilities of the Coordinating Political Subdivision Street Locator Report 1. Review the Street Locator Report provided by the Clerk’s office (Appendix B). 2. Verify and certify all addresses listed in the address library report are within the Political Subdivision and are accurate and complete (with no omissions). All changes or inaccuracies must be identified by the Political Subdivision, the list certified by the Political Subdivision (Appendix C), and returned to the Clerk no later than 3:00 p.m. Mountain Standard Time on Tuesday, August 27, 2024, seventy (70) days before the election. Please submit sooner if possible. The Political Subdivision is responsible for the accuracy of this report. Property Owner and Overseas and Military Voter Lists 1. Secure the Colorado Statewide Overseas and Military Voter (UOCAVA) list from the Clerk. 2. Secure the Political Subdivision Property Owner list from the Eagle County Assessor’s Office. Docusign Envelope ID: CE7603A4-3EFC-4E11-A617-889D5393772B 3. Remove all non-human property owners (e.g. trusts, LLCs, Corporations, etc.) from the Assessor’s list. 4. Cross-reference the state-wide Overseas and Military voter (UOCAVA) list with the property owner list to determine if there are any Political Subdivision property owners on the UOCAVA list; identify all UOCAVA property owners. 5. Certify the revised Assessor’s list that excludes non-human entities and UOCAVA voters in Excel format to the County Clerk by Monday, September 9, 2024. Please submit sooner if possible. Political Subdivision is responsible for the accuracy of this list. 6. Certify the list of any UOCAVA property owners to the Clerk by Monday, September 16, 2024, to ensure timely delivery of Property Owner oath for voters to return in time for statutory delivery of UOCAVA property owner ballots (NOTE: UOCAVA ballots must be sent by Saturday, September 21, 2024 (1-8.3-110(1) C.R.S.)). 7. Secure the supplemental Political Subdivision Property Owner list from the Eagle County Assessor’s Office no later than Wednesday, October 16, 2024 (20 days before the election). This supplemental list shall contain the names and addresses of all recorded owners who became owners no later than Monday, October 14, 2024 (22 days prior to the election). 8. Certify the revised supplemental Assessor’s list that includes new property owners and new UOCAVA property owners (i.e. the list should exclude non-human entities and previously identified UOCAVA voters) in Excel format to the County Clerk by Friday, October 18, 2024 by 10 a.m. MST. Please submit sooner if possible. Political Subdivision is responsible for the accuracy of this list. Responsibilities of the County Clerk and Recorder 1. After receiving the certified property owner list from the Political Subdivision, as well as the supplemental list, prepare and send the property owner TABOR Notice to the property owner households listed on the certified property owner list(s). (Article X, Sec.20(3)(b)). This Notice may be combined with other TABOR notices or mailed separately at the discretion of the Clerk. A self-affirming oath will be sent to each household as part of the Property Owner TABOR Notice. 2. Prepare and send or issue in a vote center property owner ballots to all eligible property-owner electors included on the certified property owner list. 3. Prepare and send or issue in a vote center property owner ballots for eligible spouses or civil union partners of qualified property-owners who return the self-affirming oath. 4. Record each property owner, eligible spouse, and eligible civil union partner ballot returned with a verified signature. 5. Process ballots at central count. 6. Tabulate and certify results. Docusign Envelope ID: CE7603A4-3EFC-4E11-A617-889D5393772B