HomeMy WebLinkAboutR19-046 Format for Intergovernmental Agreements Concerning the 2019 Coordinated Election Commissioner Q.1.-t11-19L moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATECOLORADO
RESOLUTION NO. 20119-` ' ';
RESOLUTION APPROVING THE FORMAT FOR,INTERGOVERNMENTAL
AGREEMENTS CONCERNING THE 2019 COflNATED ELECTION AND
AUTHORIZING THE CLERK AND RECORDER TO EXECUTE EACH
INTERGOVERNMENTAL AGREEMENT WITH POLITICAL SUBDIVISIONS
PARTICIPATING THEREIN
WHEREAS, C.R.S. §1-7-116 provides for coordinated elections if more than one
political subdivision holds an election on the same day in November 2019; and
WHEREAS,the Eagle County Clerk and Recorder("Clerk") serves as the coordinated
election official and must enter into intergovernmental agreements with the political
subdivisions wishing to participate in the coordinated elections concerning the conduct of the
same; and
WHEREAS,to expedite the process,the Clerk desires the Board of County
Commissioners (the "Board")to approve the format of the required intergovernmental
agreements concerning the conduct of the coordinated elections (the"Form Election IGA") and
to be authorized by the Board to sign after approval and execution by the political subdivisions;
and
WHEREAS,the Board desires to approve the Form Election IGA and to authorize
the Clerk to execute such agreements with political subdivisions participating in the
November 5, 2019 Coordinated Election.
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT,the Board hereby authorizes, approves and/or ratifies the Form Election IGA for
the November 5, 2019 Coordinated Election in a form substantially similar to that attached
hereto as Exhibit "A."
THAT,the Clerk may execute the same after completion, approval and execution by the
various political subdivisions participating in the November 5, 2019 Coordinated Election.
THAT,the Board hereby finds, determines and declares that this Resolution is necessary
for the public health, safety and welfare of the residents of the County of Eagle, State of
Colorado.
MOVED,READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the WO day of jvt-y, 2019.
COUNTY OF EAGLE, STATE OF
de .s, COLORADO, By and Through Its
(i WARD OF COUNTY COMMISSIONERS
ATTEST: at.LA.-(.P
�1 i-tA- dYJYj-two--� cocoa" By:
Clerk to the Board of grnne McQueeney 0
County Commissioners air n w S
Kathy Chandler-Henry
Matt Sc. rr
Com iss.•.-
Commissioner IAi aJ& ttt,, \ seconded adoption of the foregoing resolution. The roll
having been called,the vote was as follows:
Commissioner McQueeney y4.0 a
Commissioner Chandler-Henry t4A0Ar-e---,1
Commissioner Scherr ,
This resolution passed by / vote of the Board of County Commissioners of
the County of Eagle, State of Colorado
Intergovernmental Agreement
Between the Eagle County Clerk and Recorder and
Concerning Tuesday, November 5, 2019 Coordinated Election
THIS Intergovernmental Agreement between the Eagle County Clerk and Recorder and
concerning the Tuesday, November 5, 2019 Coordinated Election is made
RECITALS
WHEREAS, pursuant to C.R.S. § 1-7-116 (1) (a) the Clerk will serve as the coordinated election official
for the Coordinated Election, and in accordance with state law, will conduct the Coordinated Election
on behalf of all participating political subdivisions having jurisdiction within the boundaries Eagle
County; and
WHEREAS, C.R.S. § 1-7-116 (2) requires each political subdivision for which the Clerk will conduct the
Coordinated Election to enter into an agreement with the Clerk concerning the conduct of the
Coordinated Election, to be signed no later than 70 days prior to the scheduled election; and
WHEREAS,the Political Subdivision intends to submit a ballot issue at the Coordinated Election; and
WHEREAS, the County Clerk and the Political Subdivision wish to clarify their responsibilities and
memorialize their agreement with respect to the conduct of the Coordinated Election.
NOW THEREFORE, in consideration of the above premises and the promises contained herein, the
parties agree as follows:
I. Coordinated and Designated Election Officials
A. Except as otherwise provided in this section,the Eagle County Clerk and Recorder("Clerk") shall
act as the Coordinated Election Official for the conduct of the Election for the Political
Subdivision for all matters in the Uniform Election Code which require action by the
Coordinated Election Official.
Eagle County 2019 Coordinated Election IGA Page 1
B. The Political Subdivision shall name a Designated Election Official("DEO")who shall act as the
primary liaison between the Political Subdivision and the Clerk. Nothing herein shall be
deemed or construed to relieve the Clerk or the Governing Body of the Political Subdivision
from their official responsibilities for the conduct of the Election.
C. Jurisdictional Limitation
This Agreement shall apply only to the portion of the Political Subdivision within the boundaries
of Eagle County.
D. Clerk's Contact Officer
The Clerk hereby designates Stacey Jones, Eagle County Chief Deputy Clerk and Recorder
(stacey.jones@eaglecounty.us; phone 970-328-8726), as the "Contact Officer" to act as the
Clerk's primary liaison with the Political Subdivision for all purposes relating to the Election.
The Contact Officer shall act under the authority of the Clerk.
II. Clerk Responsibilities
The Clerk will perform all duties in substantial compliance with applicable provisions of the Election
Code of 1992, Colorado Title 1, C.R.S. as amended ("Election Code"); the Election Rules promulgated by
the Colorado Secretary of State, as amended; and policy directives of the Colorado Secretary of State, if
applicable.
A. Preparation for Election
1. The Clerk hereby provides the Political Subdivision with a Street Locator Report (Appendix
B), listing all residential street addresses situated within the Political Subdivision's
boundaries, as currently configured in Colorado's statewide voter registration database
("SCORE").
2. The Clerk shall manage all voter registration records and correspondence.
3. The Clerk shall supply, deliver, and set-up all voting equipment and other items necessary to
conduct the Election.
4. The Clerk shall appoint eligible electors as election judges, arrange for their compensation,
and provide election judge training in advance of the Election.
5. The Clerk shall include on the ballot all content timely certified by the Political Subdivision in
accordance with law; contract for the printing of ballots, ballot envelopes, and other printed
Eagle County 2019 Coordinated Election IGA Page 2
materials reasonably necessary to conduct the Election; and arrange for payment to the
printing vendor(s).
6. The Clerk shall publish and post a notice of election as required by 1-5-205 C.R.S. in the
Eagle Valley Enterprise,the Vail Daily,the Aspen Times Weekly, and El Montanes no later
than twenty(20) days prior to the Election.
7. The Clerk shall perform all required acceptance testing, hardware diagnostic testing, and
logic and accuracy testing of Eagle County's voting system and components in substantial
compliance with Conditions of Use applicable to Eagle County's voting system as certified by
the Colorado Secretary of State.
B. Conduct of Election
1. The Clerk shall designate the proper number and locations of voter service and polling
centers. All voting locations will be accessible to voters with disabilities.
2. The Clerk shall provide for the security and processing of all mail ballots and for the
verification of electors' signatures on the self-affirmation printed on the mail ballot return
envelopes.
3. The Clerk shall issue mail ballots to and accept voted mail ballots from military and overseas
voters in substantial compliance with the deadlines and delivery methods mandated by
applicable provisions of federal and state law, including the Uniformed and Overseas
Citizens Absentee Voting Act, all as amended.
4. The Clerk shall conduct the required post-election risk limiting audit.
5. The Clerk shall conduct any mandatory or permissive recount.
6. The Clerk shall appoint canvas board and risk limiting audit board members, oversee the
conduct of the canvass and risk limiting audit, and certify official results of the Election.
7. The Clerk shall provide an official Certification of Election to the Political Subdivision after
the official close of the Election. Any additional Certificates of Election which are required
by law to be forwarded to another division of government shall be the responsibility of the
Political Subdivision.
8. The Clerk shall preserve all election records relating to the Election for at least twenty-five
months pursuant to 1-7-802 C.R.S.
9. The Clerk shall be the final decision maker on any substantive and procedural issues
regarding the conduct of the Election.
Eagle County 2019 Coordinated Election IGA Page 3
C. Ballot Issue Notice ("TABOR Notice")
1. The Clerk shall prepare and mail a combined ballot issue notice in substantial compliance
with Article X, Section 20 of the Colorado Constitution ("TABOR") and applicable provisions
of the Election Code and Election Rules. As nearly as practicable,the notice shall be in the
order the ballot issues will appear on the ballot.
2. The Clerk shall mail the ballot issue notice not less than thirty(30) days prior to the Election,
pursuant to Colorado Constitution Article X, Section 20(3)(b) and 1-1-106 C.R.S.The Clerk
shall determine the least cost method for mailing the ballot issue notice, but at a minimum,
the ballot issue notice shall be addressed and mailed to eligible voters at each address in
Eagle County where one or more registered voters of the Political Subdivision and of any
other participating entity resides. Nothing herein shall preclude the Clerk from mailing the
TABOR Notice to persons other than voters of the Political Subdivision if such mailing arises
from the Clerk's efforts to mail the combined TABOR Notice for all participating entities at
the least cost.
Ill. Political Subdivision Responsibilities
A. Contact Liaison
1. The Political Subdivision shall identify a "Designated Election Official" (DEO) to act as a
liaison between the Political Subdivision and the Clerk/Contact Officer. The DEO shall be
responsible for the final approval of ballot content and TABOR Notice content. To meet
statutory and printing deadlines, the DEO shall respond to all Election related written
correspondence, electronic correspondence, phone calls, or any other communication from
the Clerk/Contact Officer within 18 hours from the time of delivery by the Clerk/Contact
Officer. If the DEO cannot respond within 18 hours, an alternative official may respond on
the DEO's behalf. Failure to respond to correspondence with 18 hours shall constitute
approval allowing the Clerk to move forward.
2. The Political Subdivision has designated
whose mailing address is
and whose phone number is
and whose email address is
and whose fax number is
as its DEO for the purpose of the Election.
B. Certification of Address Ranges
1. The Political Subdivision shall verify and certify to the Clerk (Appendix C) that all address
ranges and street names actually situated in the Political Subdivision are accurately and
Eagle County 2019 Coordinated Election IGA Page 4
completely stated in the Street Locator Report attached hereto as Appendix B.
2. In connection with such address library report verification and certification,the Political
Subdivision shall note any address ranges or street names within the Political Subdivision
that are inaccurately or incompletely stated in or omitted from the address library report,
and certify on the Statement of Certification (Appendix C) the accuracy and completeness of
the remainder of the address library report.
3. If the certification is not provided by the date specified herein,the Political Subdivision may
not participate in the Election or the Clerk may build the election on the assumption that
the address library report attached hereto as Appendix B is both complete and accurate, as
the Clerk in her discretion may decide. The Political Subdivision shall deliver to the Clerk its
Statement of Certification (Appendix C) and,accuracy of the address library report, with
notations regarding inaccuracies and omissions by the 70th day before the election,
Tuesday,August 27,2019.
C. Ballot Content
1. The Political Subdivision shall be solely responsible for determining whether a ballot issue,
ballot question, candidate contest, or candidate is eligible and properly certified for the
ballot.
2. The Political Subdivision shall provide a certified copy to the Clerk of all ballot content
(candidate contests, ballot issues and ballot questions in order) referred by the Political
Subdivision for the Election pursuant to section 1-5-203(3):
a. Notwithstanding any other provision of this Agreement, the Political Subdivision shall
not certify any single ballot issue or ballot question in excess of two hundred and fifty
words (inclusive of the title) unless the Clerk provides written consent in advance.
b. Such certified ballot content shall be delivered to the Clerk as an email attachment in
Word format(see section C-2-g on pg. 6 for full required formatting of ballot and TABOR
content), at the earliest possible time and in no event later than sixty(60) days before
the Election, Friday, September 6, 2019 (Appendix A), pursuant to section 1-5-203(3)(a),
C.R.S., as amended.
c. The political subdivision that issues certified ballot pursuant to 1-5-203, C.R.S. shall be
solely responsible for the accuracy of the information contained in the certificate. Any
error that can be corrected pursuant to 1-5-412, C.R.S. shall be corrected at the expense
of the political subdivision whose designated election official issued the incorrect
certification.
d. All ballot content certified by the Political Subdivision shall utilize the exact language
Eagle County 2019 Coordinated Election IGA Page 5
and order as such ballot content is to appear on the printed official and sample ballots
for the Election. The list of candidates/questions must be typed exactly as it is to appear
on the ballot, including correct title, order, capitalization, spelling, and punctuation.
i. For candidates, specify titles of offices, the order of the names to appear for each
office, and the order of offices.
ii. For issues, specify the ballot title and the order of the issues(per C.R.S., Clerk
determines specific numbering on the ballot).
iii. If the political subdivision has a TABOR issue on the ballot, the issue text must be in
all uppercase as is dictated by law (e.g.TABOR Amendment).
Definition of Ballot Issue and Ballot Question
• "Ballot issue" means a state or local government matter arising under section 20 of
article X of the state constitution, as defined in sections 1-41-102(4) and 1-41-
103(4), respectively.
• "Ballot question" means a state or local government matter involving a citizen
petition or referred measure, other than a ballot issue.
Ballot Issues or Questions will provide the following vote choice options:
• Yes/For or YES/FOR (capitalize as necessary for ballot issues)
• No/Against or NO/AGAINST(capitalize as necessary for ballot issues)
e. The Political Subdivision has the responsibility to proofread and edit the text of the
ballot proof before the Clerk will authorize printing of the ballots. From the time the
Clerk delivers via email the ballot proof, the Political Subdivision has 18 hours to
proofread, correct if necessary, sign, and return the proof to the Clerk. The Political
Subdivision's failure to disapprove and correct errors within that time shall constitute an
approval of the ballot proof. After final approval of the ballot text,the Political
Subdivision assumes all responsibility and cost for any judicial proceedings related to
any errors within the text of their issue, question, or contest on the printed ballots.
f. The Political Subdivision authorizes the Clerk to correct typographical errors and
omissions and determine the appropriate ballot question number or letter upon
designation of the ballot number or letter by the Clerk.
g. The Political Subdivision shall certify its ballot content via email to the Clerk and Contact
Officer in conformance with the following formatting guidelines:
• Software: Microsoft Word '03 or later(not PDF)
• Spacing: Single
• Font Type: Arial Narrow
Eagle County 2019 Coordinated Election IGA Page 6
• Font Size: 8 point
• Justification: Left
• All Margins: 0.5 inches
• Language: English (Spanish translation strongly encouraged)
• Delivery Medium: Email attachment to regina.obrien@eaglecounty.us and
stacey.jones@eaglecounty.us
Submissions not meeting these requirements will be rejected by the Clerk.
h. The Designated Election Official (DEO)for a county, municipality, school district, or
special district office must provide an audio recording of each candidate's name.The
DEO or candidate may leave an audio recording of the candidate's name, exactly as
certified for the ballot, on the voicemail of the Clerk(970-382-8783) or Contact Officer
(970-328-8726).This audio recording must be provided no later than the deadline to
certify ballot content, Friday, September 6,2019.
D. Ballot Issue Notice ("TABOR Notice")
1. The Political Subdivision shall receive, store and prepare TABOR Notice content according to
the provisions set forth in Article X, Section 20 of the Colorado Constitution (TABOR
Amendment) and 1-7-901, 1-7-902, 1-7-903, 1-7-904, and 1-7-908 C.R.S.
2. The DEO shall transmit via email the summaries,fiscal information, and any other required
material to the Clerk no later than forty-three (43) days, Monday,September 23, 2019
(Appendix A) before the Election in final written form in accordance with the formatting
guidelines for ballot certification (see formatting bullet points listed above) . Submissions
not meeting these requirements will be rejected by the Clerk.
3. The Political Subdivision shall incorporate in its TABOR Notice content a local office address
and telephone number specific to the Political Subdivision or the Political Subdivision DEO
to enable voters to reach the Political Subdivision directly. The Clerk shall respond to all
correspondence and inquiries that the Clerk receives within its expertise relating to election
procedures, but the Clerk shall refer inquiries concerning the substance of the ballot issues,
ballot questions, candidates, or the operations of the Political Subdivision to the Political
Subdivision's DEO.
4. The Political Subdivision has the responsibility to proofread and edit the text of the TABOR
Notice proof before the Clerk will authorize printing of the TABOR Notice. From the time
the Clerk delivers via email the TABOR Notice proof, the Political Subdivision has 18-hours
to proofread, correct if necessary, sign, and return the proof to the Clerk, and the Political
Subdivision's failure to disapprove and correct errors within that time shall constitute an
approval of the TABOR Notice proof. After final approval of the TABOR Notice proof, the
Political Subdivision assumes all responsibility and cost for any judicial proceedings related
Eagle County 2019 Coordinated Election IGA Page 7
to any errors within the text of their issue or information presented on the TABOR Notice.
E. Cancellation of Election
1. In the event that the Political Subdivision resolves not to hold the Election, notice of such
resolution shall be provided to the Clerk immediately.The Political Subdivision shall not
cancel its participation in the Election after the twenty-fifth (25) day before the election,
Friday,October 11, 2019(Appendix A), pursuant to section 1-5-208(2), C.R.S., as amended.
2. The Political Subdivision shall provide notice by publication of the cancellation of the
Election and a copy of the notice shall be posted in the Office of the Clerk, in the office of
the Designated Election Official, in the primary building of the Political Subdivision, and, if
the Political Subdivision is a special district, in the office of the division of local government.
The Political Subdivision is responsible for delivering such postings to each entity.
3. The Political Subdivision shall be responsible for all expenses incurred on its behalf to the
date that notice was received by the Clerk together with all expenses incurred thereafter
which could not be avoided by reasonable effort. All costs incurred or contracted for by the
Clerk to support the Political Subdivision's portion of the TABOR Notice shall be reimbursed
by the Political Subdivision.
4. Upon receipt of the invoice, the Political Subdivision shall promptly pay the Clerk the full
actual costs of the activities of the Clerk relating to the Election incurred both before and
after the Clerk's receipt of such notice.
F. Other Responsibilities
1. The Political Subdivision shall exercise all reasonable diligence, care, and control in
providing these services to the Clerk.
2. The Political Subdivision's DEO or assigned representative shall assist with equipment logic
and accuracy testing, post-election canvass, and risk limiting audit as requested by the
Clerk.
3. The Political Subdivision shall give assistance and information to the Clerk on any matter to
ensure the smooth and efficient operation of the Election (such information not to include
legal advice).
4. The Political Subdivision shall adhere to all applicable provisions of C.R.S. which are
necessary or appropriate to the performance of the above duties.
5. The Political Subdivision shall follow the additional responsibilities in which non-resident
property owners may be eligible to vote as set forth in Appendix D hereto.
Eagle County 2019 Coordinated Election IGA Page 8
IV. Miscellaneous
A. Costs
1. The Clerk shall keep accurate accounts of all costs incurred to prepare for and conduct
the Election, including but not limited to costs incurred for supplies, printing, ballot insertion
and mailing, legal and other notices, temporary labor, compensation of election judges,
overtime pay for staff, and other expenses attributable to the Clerk's conduct of the Election on
behalf of the Political Subdivision. Clerk may give the Political Subdivision general estimates of
cost but such estimates are not binding. The Political Subdivision is responsible for the pro rata
share of actual costs as determined by the Clerk.
2. The Clerk shall charge to the Political Subdivision its pro rata share of all costs and
expenses reasonably incurred in connection with the preparation, printing, labeling, postage,
and mailing for the ballot issue notice. Said expenses shall be prorated among all Political
Subdivisions participating in the ballot issue notice.
3. The Clerk shall charge and allocate to the Political Subdivision its pro rata share of the
direct costs of the Election, and all direct and indirect costs and expenses incurred by the Clerk
to remedy, resolve, or reconcile the Political Subdivision's failure or omission to timely perform
any of its obligations under this Agreement, without regard to whether Political Subdivision
rescinds its intent to participate in the Election.
4. In the event an interested party is not liable for payment of costs incurred in connection
with a mandatory or permissive recount of, or election contest relating to, one or more
candidate contests, ballot issues or ballot questions certified by the Political Subdivision, the
Clerk shall charge any and all direct and indirect costs and expenses reasonably incurred by the
Clerk to conduct or participate in any such recount or ballot contest. If more than one political
subdivision participating in the Election is involved in any such recount or election contest, the
costs thereof shall be prorated between the Political Subdivision and such other participating
entities.
5. The Political Subdivision assumes all responsibility and cost for any judicial proceedings
regarding whether or not issues legally belong on the ballot and any other challenges, both pre
and post-election, relating to the question of the Political Subdivision.
6. The Clerk shall submit to the Political Subdivision an invoice for the Political
Subdivision's pro rata share of direct and indirect costs incurred in connection with the Political
Subdivision's participation in the Election within ninety(90) days after the Election.
7. The minimum charge for coordinating the Election with the Clerk for coordinating
entities with 300 or feweractive voters on Election Day shall be $500.00. The minimum charge
for coordinating entities with 301 or more active voters on Election Day shall be$1000.00.
Eagle County 2019 Coordinated Election IGA Page 9
8. In addition, there will be a surcharge for coordination and administration of non-
resident, property owner ballot mailing of$1000.00.
9. The Political Subdivision shall remit all payments due to the County upon receipt of an
itemized statement by February 28, 2020(Appendix A).
B. Indemnification
To the extent permitted by law, the Political Subdivision agrees to indemnify, defend, and hold
harmless the County, its officers and employees,from any and all losses, costs, demands, or actions
arising out of or related to any actions, errors or omissions of the Political Subdivision in completing
its responsibilities relating to the Election and related tasks.
•
C. Reasonable Care
The County and its employees, agents, representatives, or other persons acting under the direction
or control of the County shall use reasonable care in carrying out their obligations under this
Agreement.
E. Notices
Any and all notices required to be given by this Agreement, unless otherwise set forth herein, are
deemed to have been received and to be effective:
• three days after they have been mailed by certified mail, return receipt requested to the
address as set forth below; or
• immediately upon hand delivery to Regina O'Brien, Clerk; or
• immediately upon receipt of confirmation that a fax or e-mail was received.
To Clerk: Regina O'Brien
Eagle County Clerk and Recorder
P.O. Box 537
Eagle, CO 81631
Fax: 970-328-8716
Email: regina.obrien@eaglecounty.us
To Political Subdivision:
fax:
email:
Eagle County 2019 Coordinated Election IGA Page 10
G. Time is of the Essence
Per 1-7-116(2) C.R.S. this Agreement must be signed and returned to Regina O'Brien, Clerk and
Recorder, seventy(70) days before the Election,Tuesday,August 27,2019 (Appendix A).
The statutory time requirements of the Uniform Election Code and the time requirements set by
the Secretary of State in the Rules and Regulations Governing Election Procedures shall apply to the
completion of the tasks required by this Agreement.
In witness whereof, the Parties hereto have executed this Agreement to be effective this day:
(Date)
Designated Election Official Date
For
(Political Subdivision)
Regina O'Brien Date
Eagle County Clerk and Recorder
Eagle County 2019 Coordinated Election IGA Page 11
Appendix A
CALENDAR OF EVENTS AND DEADLINES FOR
NOVEMBER 5, 2019 COORDINATED MAIL BALLOT ELECTION
While this calendar may not include all election dates, some key dates are identified for your
reference. Dates in RED are key delivery dates of information from you to the Clerk's office.
Political Subdivisions planning to coordinate with the Clerk's office should be aware of the following
deadlines:
• Friday,July 26,2019—100 days prior-If by 100 days before the election,a political subdivision has
taken formal action to participate in an election that will be coordinated by the Clerk,the political
subdivision shall notify the county clerk and recorder in writing. C.R.S. 1-7-116(5), 1-1-106(5)
• July 29-31,2019—IGAs will be mailed to participating entities. IGA will include address ranges that
need to be verified and certified before or on the date the IGA is due. Political Subdivisions with
property owner ballots should also review Appendix D in the IGA and contact the Assessor's office to
secure the particular property owner list.
• Tuesday,August 27,2019—70 days prior-Political subdivisions participating in the election must
return signed IGAs to the county clerk and recorder. C.R.S. 1-7-116(2). Political subdivisions must
verify and certify that all address ranges situated in political subdivision (Appendix B)are accurate
and complete, note any changes or inaccuracies,and certify no later than 70 days prior to Election
(Appendix C). Please submit sooner if possible.
• Friday,September 6,2019—60 days prior-Last day for the designated election official from each
political subdivision to certify the ballot text to the county clerk and recorder as well as audio
recordings of candidate names. Please submit sooner if possible. C.R.S. 1-5-203(3)(a)
• Week of September 16,2019—Equipment and Logic and Accuracy Testing.
• Saturday,September 21,2019—No later than 45 days prior—Deadline to send mail ballots to
military and overseas voters(UOCAVA voters). C.R.S. 1-8.3-110(1)
• Monday,September 23,2019—43 days prior-Political subdivisions shall deliver the full text of any
required ballot issue notices(e.g.TABOR Notice)and pro/con statement summaries to the Clerk in
order to be included in the issue mailing.C.R.S. 1-7-904
• Friday,October 4,2019—30 days prior—Last day for the Clerk to mail out TABOR Notice(s). C.R.S.
1-1-106(5)
• Friday,October 11,2019—25 days prior-Last date for political subdivision to cancel election or
withdraw ballot issue or question. C.R.S. 1-5-208(2)
• Monday,October 14,2019—First day ballots may be mailed,except for UOCAVA voters. C.R.S. 1-
7.5-107(3)(a)(I). 24-hour ballot drop boxes and interior ballot boxes available in Avon, Eagle and El
Jebel Clerk and Recorder locations.
Appendix A continued on page 2.
Appendix A—Continued (page 2)
CALENDAR OF EVENTS AND DEADLINES FOR
NOVEMBER 5,2019 COORDINATED MAIL BALLOT ELECTION
• Monday,October 28,2019—Voter Service and Polling Centers open. C.R.S. 1-7.5-107(4.5)(c)
• Monday,October 28,2019—8 days prior-Last day to register to vote to receive a mail ballot. After
this date voters may pick up ballots in person at any Voter Service and Polling Center. C.R.S. 1-2-
201(3)(b)(III), 1-2-201(4), 1-2-508(3)(a)(I)
• Tuesday,November 5,2019—Election Day-Polls open 7 AM—7 PM. All ballots must be in the
hands of the Clerk by 7 PM on Election Day to be counted.
• Wednesday,November 27,2019—Deadline to certify election results. Official results will be
forwarded to political subdivisions. C.R.S. 1-10-102(1), 1-10-103(1)
• Monday,February 3,2020—Last day for the Clerk to mail invoices to districts for their share of
election costs.
• Friday,February 28,2020—Last day for districts to submit payment for election costs to Clerk's
office.
Appendix B
STREET LOCATOR REPORT FOR
NOVEMBER 5, 2019 COORDINATED MAIL BALLOT ELECTION
Appendix C
STATEMENT OF CERTIFICATION—STREET LOCATOR REPORT
FOR NOVEMBER 5,2019 COORDINATED MAIL BALLOT ELECTION
I, ,as Designated Election Official
for , (hereinafter"Political Subdivision")do hereby
certify that the Street Locator Report provided to the Political Subdivision has been reviewed,
corrections made,and to the best of my knowledge, I believe it is a true and complete list of the
addresses located within the Political Subdivision.
Designated Election Official Date
for
(Name of Political Subdivision)
Appendix D
PROPERTY OWNER BALLOTS
This appendix defines responsibilities when conducting an election for a Political Subdivision in which
non-Eagle County resident property owners who are registered electors in the State of Colorado may
be eligible to vote. Property owner self-affirming oaths must be signed and returned to the County
Clerk's Office before ballots are sent to eligible property owners.
Overview-Property Owner Ballots
Property owner ballots are special ballots that contain only those ballot contests certified by Political
Subdivisions in which owners of real and personal property(and their spouses or civil union partners)
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 and Recorder 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. This ballot will be sent only after the
self-affirming oath has been returned by the voter to the County Clerk and the County Clerk has verified
the voter's eligibility in the statewide voter registration system. 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 from the County Clerk and Recorder'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 4:30 PM on Tuesday,August 27,2019(70
days before the election). Please submit sooner if possible. The Political Subdivision is
responsible for the accuracy of this report.
Overseas and Military Voter List
1. Secure the Colorado Statewide Overseas and Military Voter(UOCAVA) list from the Clerk.
Property Owner List
1. Secure the Political Subdivision Property Owner list from the Eagle County Assessor's Office.
2. Remove all non-human property owners(e.g.trusts, LLCs,Corporations, etc.)from the
Assessor's lists.
3. Cross-reference the state-wide Overseas and Military voter(UOCAVA) list with the property
owner list to determine if there are any special district property owners on the UOCAVA list.
NOTE: UOCAVA ballots must be sent by Saturday,September 21,2019(1-8.3-110(1)C.R.S). It is
the responsibility of the Political Subdivision to certify the list of any UOCAVA property owners
to the Clerk by the deadline referenced in section 4(below)to ensure statutory delivery of
UOCAVA property owner ballots.
4. Certify the revised Assessor's list that excludes non-human entities and UOCAVA voters in Excel
format to the County Clerk by Monday,September 9,2019. Please submit sooner if possible.
Political Subdivision is responsible for the accuracy of this list.
5. Secure the supplemental Political Subdivision Property Owner list from the Eagle County
Assessor's Office no later than 20 days before the election.This supplemental list shall contain
the names and addresses of all recorded owners who became owners no later than 22 days
prior to the election.
6. Certify the revised supplemental Assessor's list that excludes non-human entities and UOCAVA
voters in Excel format to the County Clerk by Friday,October 18,2019. 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.
2. A self-affirming oath will be sent to each household that must be returned by each eligible
elector(1-13.5-202,C.R.S and 32-1-103(5),C.R.S.).
3. Upon return to the Clerk of the signed self-affirming oath, determine if the individual is a
registered voter in the State of Colorado but does not reside in the Political Subdivision.
4. Prepare and send property owner ballots to all eligible electors entitled to vote by virtue of a
self-affirmation (32-1-806, C.R.S).
5. Record each property owner ballot returned and signature verified.
6. Process ballots in the counting room.
7. Tabulate and certify results.