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HomeMy WebLinkAboutR21-067 IGA Concerning the 2021 Coordianted Election DocuSign Envelope ID:63F506F6-0F1C-4E81-6627-A6456E015A93 Commissioner Chandler-Henry moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE,STATE OF COLORADO RESOLUTION NO.2021 - 067 RESOLUTION APPROVING THE FORMAT FOR INTERGOVERNMENTAL AGREEMENTS CONCERNING THE 2021 COORDIANTED ELECTION AND AUTHORIZING THE CLERK AND RECORDER TOEXECUTE 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 2021; 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 2, 2021 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 2,2021 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 2, 2021 General 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. DocuSign Envelope ID:63F506F6-0F1C-4E81-B627-A6456E015A93 MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 31 st day of August ,2021. COUNTY OF EAGLE, STATE OF COLORADO,By and Through Its BOARD OF COUNTY COMMISSIONERS By: Bpi EAG(�C ATTEST: DocuSigned by: \, 0 4 �.'�u �ORAOD Clerk t �6f Matt Scherr County Commissioners Chair CDocuSigned by: 81E7820718E0473... Jeanne McQueeney Commissioner Absent Kathy Chandler-Henry Commissioner DocuSigned 644.11 / lA 86A681FFEB84403... Commissioner Scherr seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner Scherr Aye Commissioner McQueeney Absent Commissioner Chandler-Henry Aye This resolution passed by 2/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. DocuSign Envelope ID:63F506F6-0F1C-4E81-6627-A6456E015A93 Intergovernmental Agreement Between the Eagle County Clerk and Recorder and Concerning the Tuesday, November 2, 2021 Coordinated Election THIS Intergovernmental Agreement between the Eagle County Clerk and Recorder and concerning the Tuesday, November 2, 2021 Coordinated Election is made on 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 of 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 seventy(70) days prior to the scheduled election;and WHEREAS, the Political Subdivision intends to submit one or more ballot measure(s) and/or candidate race(s)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. B. The Political Subdivision shall name a Designated Election Official("DEO")who shall act as the Eagle County 2021 Coordinated Election IGA Page 1 DocuSign Envelope ID:63F506F6-0F1C-4E81-B627-A6456E015A93 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. I I D. Clerk's Contact Officer The Clerk hereby designates Stacey Jones, Eagle County Chief Deputy Clerk and Recorder (stacev.iones@eaglecountv.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 may be amended from time to time; and any then-current 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 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. Eagle County 2021 Coordinated Election IGA Page 2 DocuSign Envelope ID:63F506F6-0F1C-4E81-B627-A6456E015A93 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 and electronic transmission ballots to and accept voted mail and electronic transmitted 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 canvass 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. 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 Eagle County 2021 Coordinated Election IGA Page 3 DocuSign Envelope ID:63F506F6-0F1C-4E81-B627-A6456E015A93 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 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,text message,or any other communication from the Clerk/Contact Officer as soon as possible and no later than four (4) hours from the time of delivery by the Clerk/Contact Officer. If the DEO cannot respond within 4 hours, an alternative official may respond on the DEO's behalf. Failure to respond to correspondence within 4 hours shall constitute approval allowing the Clerk to move forward. 1. The Political Subdivision has designated whose mailing address is and whose phone number is and whose cell 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 completely stated in the Address Library 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 Eagle County 2021 Coordinated Election IGA Page 4 DocuSign Envelope ID:63F506F6-0F1C-4E81-B627-A6456E015A93 Statement of Certification (Appendix C) and accuracy of the Address Library Report,with notations regarding inaccuracies and omissions by the seventy(70)days before the election, no later than 3:00 p.m. Mountain Standard Time on Tuesday,August 24,2021. C. Ballot Content 1. Definitions of Ballot Issue and Ballot Question: a. TABOR "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. b. "Ballot question" means a state or local government matter involving a citizen petition or referred measure, other than a ballot issue. 2. 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. 3. 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: 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 3:00 p.m. Mountain Standard Time on Friday,September 3,2021 (Appendix A), pursuant to section 1-5-203, C.R.S., as amended. c. The Political Subdivision that issues certified ballot content 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. Such costs include but are not limited to staff time to reprogram election content, additional required logic and accuracy testing, reprinting of ballot and ballot materials, and staff time required to make corrections. d. All ballot content certified by the Political Subdivision shall utilize the exact language 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 order,title,capitalization,spelling,spacing,and punctuation. Eagle County 2021 Coordinated Election IGA Page 5 DocuSign Envelope ID:63F506F6-0F1C-4E81-B627-A6456E015A93 i. For candidates, specify exact 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 typed in all uppercase as is dictated by law(e.g.TABOR Amendment). iv. If the Political Subdivision has a non-TABOR question on the ballot,the question must be typed in mixed case. v. Ballot Issues or Questions Vote Choice must be formatted as follows: YES/FOR NO/AGAINST • It is at the discretion of the Clerk to change the formatting on the ballot to match this formatting if it is not certified in this requested format. 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(four)4 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 proof,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: i. Software: Microsoft Word '03 or later(not as a PDF) ii. Spacing: Single iii. Font Type:Arial Narrow iv. Font Size: 8 point v. Justification: Left vi. All Margins:0.5 inches vii. Language: English viii. Delivery Medium: Email attachment to regina.obrien@eaglecounty.us and stacev.iones@eaglecounty.us Submissions not meeting these requirements may be rejected by the Clerk. h. Spanish language translation of the ballot content is required to be submitted by the Political Subdivision to the Clerk by Monday, September 27, 2021. Translation of TABOR Notice content is not required but is strongly encouraged. Eagle County 2021 Coordinated Election IGA Page 6 DocuSign Envelope ID:63F506F6-0F1C-4E81-B627-A6456E015A93 i. The Political Subdivision 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 3,2021 by 3:00 p.m. Mountain Standard Time (Appendix A). D. Ballot Issue Notice("TABOR Notice") I I I 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 Political Subdivision shall transmit via email the summaries,fiscal information, and all other required material to the Clerk no later than forty-three (43) days, Monday, September 20,2021 (Appendix A) before the Election in final written form in accordance with the formatting guidelines for ballot certification (see formatting bullet points listed in section C.1.g). 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 four(4) 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 TABOR Notice proof. After final approval of the TABOR Notice proof,the Political Subdivision assumes all responsibility and cost for any judicial proceedings related 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 cancellation 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 8,2021 (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 timely 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 Eagle County 2021 Coordinated Election IGA Page 7 DocuSign Envelope ID:63F506F6-0F1C-4E81-B627-A6456E015A93 the Political Subdivision is a special district, in the office of the division of local government. The Political Subdivision is solely 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. 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 Eagle County 2021 Coordinated Election IGA Page 8 DocuSign Envelope ID:63F506F6-0F1C-4E81-B627-A6456E015A93 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 the 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 (Appendix A). 7. The minimum charge for coordinating the Election with the Clerk for coordinating entities with 300 or fewer active 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. 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 28,2022 (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 Eagle County 2021 Coordinated Election IGA Page 9 DocuSign Envelope ID:63F506F6-0F1C-4E81-B627-A6456E015A93 or control of the County shall use reasonable care in carrying out their obligations under this Agreement. D.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 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 24,2021 (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 2021 Coordinated Election IGA Page 10 DocuSign Envelope ID:63F506F6-0F1C-4E81-13627-A6456E015A93 Appendix A CALENDAR OF EVENTS AND DEADLINES FOR NOVEMBER 2, 2021 COORDINATED MAIL BALLOT ELECTION While this calendar may not include all election dates,some key dates are identified for reference. Dates double underlined 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 23,2021-100 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 Clerk in writing.C.R.S. 1-7-116(5), 1-1-106(5) • July 26—30,2021—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 Eagle County Assessor's office to secure the particular property owner list. • Tuesday,August 24,2021 @ 3:00 p.m. MST—70 days prior-Political Subdivisions participating in the election must return signed IGAs to the Clerk.C.R.S. 1-7-116(2). Political Subdivisions must verify and certify that all address ranges situated in the 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 3,2021 @ 3:00 p.m.MST—Last day for the DEO from each Political Subdivision to certify the ballot text and provide audio recordings of candidate names to the Clerk;deadline is 3:00 p.m. Please submit sooner if possible. C.R.S. 1-5-203(3)(a) • Monday,September 6,2021—Last day for Political Subdivisions with property owner ballots to certify the revised Assessor's property owner list to the Clerk. Please submit sooner if possible. • Week of September 13,2021—Equipment and Logic and Accuracy Testing • Tuesday,September 14,2021—Deadline for Political Subdivisions with property owner ballots to certify the military and overseas(UOCAVA)voter list to the Clerk. • Saturday,September 18,2021—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 20,2021—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 • Monday,September 27,2021-Spanish translation of ballot content due to the Clerk(TABOR Notice content is not required to be translated). • Friday,October 1,2021—30 days prior—Last day for the Clerk to mail out TABOR Notice(s). C.R.S. 1-1- 106(5) • Friday,October 08,2021—25 days prior-Last date for Political Subdivision to cancel election or withdraw ballot issue or question C.R.S. 1-5-208(2) Appendix A continued on page 2 Eagle County 2021 Coordinated Election IGA Page 11 DocuSign Envelope ID:63F506F6-0F1C-4E81-B627-A6456E015A93 Appendix A—Continued (page 2) CALENDAR OF EVENTS AND DEADLINES FOR NOVEMBER 2,2021 GENERAL MAIL BALLOT ELECTION • Friday,October 8-Friday,October 15,2021—Ballots must be mailed,except for UOCAVA voters. C.R.S. 1- 7.5-107(3)(a)(I). 24-hour ballot drop boxes open in Avon, Edwards, Eagle,Gypsum, El Jebel, Basalt,and Vail. • Monday,October 25,2021—Voter Service and Polling Centers open. C.R.S. 1-5-102.9(2) • Monday,October 25,2021—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) • Tuesday,November 2,2021—Election Day-Polls open 7:00 a.m.—7:00 p.m. All ballots must be in the hands of the Clerk by 7 PM on Election Day to be counted. • Wednesday,November 24,2021—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 7,2022—Last day for the Clerk to mail invoices to Political Subdivisions for their share of election as well as any recount costs. • Monday, February 28,2022—Last day for Political Subdivisions to submit payment for election and recount costs to the Clerk's office. Eagle County 2021 Coordinated Election IGA Page 12 DocuSign Envelope ID:63F506F6-0F1C-4E81-B627-A6456E015A93 Appendix B STREET LOCATOR REPORT FOR NOVEMBER 2,2021 COORDINATED MAIL BALLOT ELECTION I i � Eagle County 2021 Coordinated Election IGA Page 13 DocuSign Envelope ID:63F506F6-0F1C-4E81-B627-A6456E015A93 • Appendix C STATEMENT OF CERTIFICATION—STREET LOCATOR REPORT FOR NOVEMBER 2,2021 COORDINATED MAIL BALLOT ELECTION I, ,as Designated Election Official for E , (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 Signature Date for (Name of Political Subdivision) Eagle County 2021 Coordinated Election IGA Page 14 DocuSign Envelope ID:63F506F6-0F1C-4E81-B627-A6456E015A93 Appendix D 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 who are not Eagle County residents but 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(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. This ballot will be sent only after the self-affirming oath has been returned by the voter to the Clerk and after the Clerk has verified the voter's eligibility in the statewide voter registration system. If the property owner does not specify a ballot mailing address on the self-affirming oath, 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 Clerk's office(Appendix B). 2. Verify and certify all addresses listed in the address library report are within the Political Subdivision and Eagle County 2021 Coordinated Election IGA Page 15 DocuSign Envelope ID:63F506F6-OF1C-4E81-B627-A6456E015A93 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 24,2021,seventy(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 list. 3. Certify the revised Assessor's list that excludes non-human entities and UOCAVA voters in Excel format to the County Clerk by Monday,September 6,2021. Please submit sooner if possible. Political Subdivision is responsible for the accuracy of this 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. It is the responsibility of the Political Subdivision to certify the list of any UOCAVA property owners to the Clerk by Tuesday,September 14,2021,to ensure statutory delivery of UOCAVA property owner ballots (NOTE: UOCAVA ballots must be sent by Saturday,September 18,2021(1-8.3-110(1)C.R.S)). 5. Secure the supplemental Political Subdivision Property Owner list from the Eagle County Assessor's Office no later than Wednesday,October 13,2021(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 11,2021(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 15,2021. 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 Eagle County 2021 Coordinated Election IGA Page 16 DocuSign Envelope ID:63F506F6-0F1C-4E81-6627-A6456E015A93 (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 ballts in the counting room. 7. Tabulate and certify results. Eagle County 2021 Coordinated Election IGA Page 17 DocuSign Envelope ID:63F506F6-0F1C-4E81-B627-A6456E015A93 Appendix E Downtown Development Authority C.R.S.31-25-801 I. Responsibilities of the Coordinating Political Subdivision A. 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 Street Locator Report are within the Downtown Development District 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 24,2021, seventy(70)days before the election. Please submit sooner if possible. The Political Subdivision is responsible for the accuracy of this report. B. Overseas and Military Voter List 1. Secure the Colorado Statewide Overseas and Military Voter(UOCAVA)list from the Clerk. C. Property Owner List 1. Secure the Downtown Development District Property Owner list from the Eagle County Assessor's Office. 2. Cross-reference the state-wide Overseas and Military voter(UOCAVA)list with the property owner list to determine if there are any eligible Downtown Development District voters on the UOCAVA list. It is the responsibility of the Political Subdivision to certify the list of any eligible Downtown Development District UOCAVA voters to the Clerk by Tuesday,September 14,2021 to ensure statutory delivery of UOCAVA Downtown Development District ballots (NOTE: UOCAVA ballots must be sent by Saturday,September 18,2021 (1- 8.3-110(1)C.R.S). 3. Secure the supplemental Downtown Development Property Owner list from the Eagle County Assessor's Office no later than Wednesday,October 13,2021 (20 days before the election). This supplemental list shall contain the names and low DocuSign Envelope ID:63F506F6-0F1C-4E81-B627-A6456E015A93 addresses of all recorded owners who became owners no later than Monday, October 11,2021 (22 days prior to the election). D. Create and Send Affidavit of Qualified Elector and Designation of Elector Forms 1. Create, send, and receive qualified elector forms and designation forms to Qualified Electors pursuant to C.R.S. 31-25-802. 2. If applicable,ensure voter eligibility by cross-referencing the Statewide Voter Registration Database(SCORE). 3. Communicate daily via email to electionsga,eaglecounty.us with the name, residential address,ballot mailing address, and date of birth of each newly discovered Qualified Elector pursuant to C.R.S. 31-25-802,who should receive a ballot to vote in the Downtown Development District election. 4. Submit copies of affidavits to the Clerk at the conclusion of the election for record retention. II. Responsibilities of the County Clerk and Recorder 1. Prepare and timely send or issue Downtown Development District ballots to all electors entitled to vote by virtue of the eligibility requirements verified, certified, and communicated to the Clerk by the Political Subdivision. 2. Record each ballot returned and signature verified. 3. Process ballots in the counting room. 4. Tabulate and certify results. III. Additional Provisions A. Termination for Non-Compliance with Deadlines. The parties acknowledge and agree that the dates and deadlines contained herein are mandatory. In the event the Political Subdivision is unable to, or fails to complete the tasks and responsibilities identified herein,the Clerk shall have no further responsibilities with respect to the ballot issue. In the event of such termination,the Political Subdivision shall remain responsible for all expenses and costs as contemplated by cancellations under Section III E of the Election IGA. B. Acknowledgment of roles. The parties acknowledge and agree that all Downtown Development District voter eligibility requirements,determinations, and communications to the Clerk and Recorder are the sole responsibility of the Political Subdivision. Political Subdivision will review and eligibility of voters and provide the Clerk with a list of qualified electors for the DocuSign Envelope ID:63F506F6-0F1C-4E81-B627-A6456E015A93 ballot issue. The Clerk will conduct all election processes and procedures under the Uniform Election Code,C.R.S. Title 1,and Colorado Secretary of State rules, and will send and receive ballots for eligible voters, as certified by the Political Subdivision. Designated Election Official Date For Regina O'Brien Date Eagle County Clerk and Recorder