HomeMy WebLinkAboutR22-057 IGA Concerning the 2022 General Election DocuSign Envelope ID:0AB891C5-9219-402C-B1B7-A346BF0947D3
Commissioner scherr moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2022 - 057
RESOLUTION APPROVING THE FORMAT FOR INTERGOVERNMENTAL
AGREEMENTS CONCERNING THE 2022 GENERAL 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 2022; 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 8, 2022 General 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 8, 2022 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 8, 2022 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:0AB891C5-9219-402C-B1B7-A346BF0947D3
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the 12th day of
J u l y , 2022.
COUNTY OF EAGLE, STATE OF COLORADO,
Apo EAG(�ec By and Through Its BOARD OF COUNTY
,,�! °t• COMMISSIONERS
ATTEST: I
DocuSigned by:
DocuSipned�pby:
Lp IA/IL ITS 7V1UA. q)%ORO° By:
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Board of Jeanne McQueeney
County Commissioners County Commissioners Chair
DocuSigned by:
, autiA4r-thAAAI
Ka y
Abt3 EBan 44
er-Henry
Commissioner
nADoocuuSignned by:
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at'sclierr0"...
Commissioner
Commissioner chandler-Henry seconded adoption of the foregoing resolution. The roll having
been called, the vote was as follows:
Commissioner McQueeney Aye
Commissioner Chandler-Henry Aye
Commissioner Scherr Aye
This resolution passed by 3/0 vote of the Board of County Commissioners of
the County of Eagle, State of Colorado
DocuSign Envelope ID:0AB891C5-9219-402C-B1B7-A346BF0947D3
EXHIBIT A
Intergovernmental Agreement
Between the Eagle County Clerk and Recorder and
Concerning the Tuesday, November 8, 2022 General Election
THIS Intergovernmental Agreement between the Eagle County Clerk and Recorder and
concerning the Tuesday, November 8, 2022 General
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 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 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 General 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 General 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
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
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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
(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.
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
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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(5) C.R.S. The Clerk
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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 four (4) hours, an alternative official may respond on the DEO's behalf.
Failure to respond to correspondence within four (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
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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 seventy(70) days before the
election, no later than 3:00 p.m. Mountain Standard Time on Tuesday August 30,2022. Address
changes will not be allowed after this date.
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. Notwithstanding any other provision of this Agreement, the Political Subdivision shall
not certify any single ballot issue or ballot question title in excess of ten (10) words
unless the Clerk provides written consent in advance.
c. Such certified ballot content and the signed resolution which authorizes the 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 9, 2022 (Appendix A), pursuant to section 1-5-203, C.R.S., as
amended.
d. 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
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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.
e. 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.
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. Bullet points may be used, but sub-bullet points may not; spacing is at the
discretion of the Clerk to accommodate proper ballot layout.
vi. 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 or if the formatting results in the
ballot increasing in length, multiple sides, or multiple page numbers.
f. 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.
g. 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.
h. The Political Subdivision shall certify its ballot content via email to the Clerk and Contact
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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: 12 point
v. Justification: Left
vi. All Margins: 0.5 inches
vii. Language: English
viii. Delivery Medium: Email attachment to regina.obrien@eaglecounty.us and
stacey.iones@eaglecounty.us
Submissions not meeting these requirements may be rejected by the Clerk.
i. Spanish language translation of the ballot content must be submitted by the Political
Subdivision to the Clerk by 3:00 p.m. Mountain Standard Time on Friday,September 9,
2022. Spanish translation of TABOR Notice content is also required.
j. 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 9, 2022 by 3:00 p.m. Mountain Standard Time
(Appendix A).
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 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 26, 2022 (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.3.h). 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.
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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 14, 2022 (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
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.
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