11-07-2017 Eagle County IGA November 7, 2017 Coordinated ElectionEagle County
Intergovernmental Agreement
November 7, 2017 Coordinated Election
Coordinated and Designated Election Officials
Except as otherwise provided in this section, the Eagle County Clerk and Recorder ("County 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. The Political Subdivision shall
name a Designated Election Official ("DEO") who shall act as the primary liaison between the Political
Subdivision and the County Clerk and who will have responsibility for the conduct of the Election procedures to
be handled by the Political Subdivision. Nothing herein shall be deemed or construed to relieve the County
Clerk or the Governing Body of the Political Subdivision from their official responsibilities for the conduct of the
Election.
Jurisdictional Limitation
This Agreement shall apply on►y to the portion of the Political Subdivision within the boundaries of Eagle County.
County Clerk's Contact Officer
County Clerk hereby designates Stacey Jones, Eagle County Election Manager (email:
stacey.iones@eaglecounty.us; phone: 970-328-8726), as the "Contact Officer" to act as the County 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 County Clerk.
County Clerk Responsibilities
The County Clerk shall perform the following services and activities for the Political Subdivision's Election:
1. Adhere to all applicable provisions of Colorado Revised Statutes (C.R.S.) Title One, Federal Law related to
elections and Colorado Secretary of State Rules.
2. Perform all services necessary for voting in Eagle County's elections, including but not limited to,
preparation of mail -in ballot and voter materials, printing and mailing of TABOR Notice(s), receipt and
processing of applications for mail -in ballots, timely mailing of ballots, tabulation of votes, and
certification of results.
3. Provide adequate locations for Voter Service and Polling Centers throughout the County during all
Elections.
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4. Provide the Political Subdivision an itemized statement of the costs for performing the tasks by the
County Clerk no later than ninety (90) working days following the Election.
5. Exercise all reasonable diligence, care and control in providing these services to the Political Subdivision.
Political Subdivision Responsibilities
The Political Subdivision shall perform the following services and activities:
1. Identify a "Designated Election Official" to act as a liaison between the Political Subdivision and the
County Clerk.
The Political Subdivision has designated
whose mailing address is
and whose phone number is
and whose email address i
and whose fax number is
as its DEO for the purpose of the Election. The DEO shall act as the primary liaison between the Political
Subdivision and the County Clerk/Contact Officer.
2. Review district street locator list (Appendix B) and alert County Clerk to any necessary edits and certify
the accuracy of the list on the Statement of Certification (Appendix C).
3. Determine the ballot issues to be voted upon in the Election.
4. Determine the ballot title and text.
• Ballot titles shall begin, "SHALL (DISTRICT) TAXES BE INCREASED (first, or if phased in, final, full
fiscal year dollar increase) ANNUALLY...?" or "SHALL (DISTRICT) DEBT BE INCREASED (principal
amount), WITH A REPAYMENT COST OF (maximum total district cost)...?
5. Be solely responsible for the accuracy, grammar, and spelling of all ballot titles and text.
6. Utilize the exact language and order as such ballot content is to appear on the printed official and
sample ballots for the Election (per C.R.S., County Clerk determines specific numbering on the ballot).
7. Exercise all reasonable diligence, care, and control in providing these services to the County Clerk.
8. Give assistance and information to the County Clerk on any matter to ensure the smooth and efficient
operation of the Election (such information not to include legal advice).
9. Adhere to all applicable provisions of C.R.S. which are necessary or appropriate to the performance of
the above duties.
10. Assist with equipment logic and accuracy testing and post-election canvass and audit as requested.
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Costs
The County Clerk shall keep careful and accurate accounting of all chargeable items to the Political Subdivision
and shall submit to the Political Subdivision a statement of charges (for costs incurred by the County and not
billed directly to the Political Subdivision by an outside vendor) within ninety (90) work days following the date
of the Election. Costs shall include but are not limited to: ballots and related election materials, election
supplies, election judge and other associated personnel compensation costs, TABOR Notices, election
publications, postage, car rental, mileage and fuel.
The County Clerk shall charge each Political Subdivision taking part in the Coordinated Election on a prorated
basis based primarily on the number of ballot issues, active voters, and/or items to be included on the ballot and
in the TABOR Notice for each Political Subdivision. In the event that additional costs are incurred, the Political
Subdivision promulgating such costs will be charged accordingly.
There will be a surcharge for coordination and administration of non-resident, property owner ballot mailing of
$1000.00.
The minimum charge for coordinating the Election with the County Clerk shall be $500.00.
The Political Subdivision shall remit all payments due to the County upon receipt of an itemized statement.
Call and Notice
The County Clerk will publish one notice and sample ballot as required by 1-5-205 C.R.S. of the Uniform Election
Code in the Eagle Valley Enterprise, the Aspen Times Weekly and EI Montanes no later than twenty (20) days,
October 18, 2017 (Appendix A), prior to the Election.
Petitions: Preparation and Verification
The Political Subdivision shall be responsible for the petition process in compliance with applicable Colorado
statutes, ordinances, or charter provisions. This process includes, but is not limited to, providing petitions,
approving the candidate or initiative petitions to be circulated within the Political Subdivision, and receiving the
petitions.
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Ballot Certification Format Requirements
The Political Subdivision is responsible for furnishing the text of the ballot to the County Clerk no later than sixty
(60) days, September 8, 2017 by 4:30 pm (Appendix A) before the Election in final written form using the
following format:
• Software: Microsoft Word 2003 or later
• Font: Times New Roman
• Justification: Left
• All Margins: 0.5 inches
• Spacing: Single, no spaces between lists and paragraphs
• Language: English (Spanish translation encouraged)
• Labeling: Name of Political Subdivision and date of Election
• Delivery Medium: Email attachment
The list of candidates/questions must be typed exactly as it is to appear on the ballot, including correct order.
For candidates, specify titles of offices, the order of the names to appear for each office and the order of offices.
For issues, specify the ballot title, and the order of the issues (per C.R.S., County Clerk determines specific
numbering on the ballot). Wording must be in upper and lower case except as is dictated by law (e.g., TABOR
Amendment). Bulleted lists and strike -outs are not compatible with our ballot creation software and as such
cannot be included in the ballot text. The Political Subdivision has the responsibility to proofread and edit the
text of the official ballots before the County Clerk will authorize printing of the ballots. From the time of receipt
of the ballot proof, the Political Subdivision has 24 -hours to proofread, correct if necessary, sign, and return the
proof to the County Clerk, and 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 or race on the printed ballots.
The Political Subdivision will provide ballot language in English and is encouraged to provide a Spanish
translation.
The Political Subdivision assumes all responsibility and cost for any judicial proceedings regarding whether or
not issues legally belong on the ballot.
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TABOR Notice
Each Political Subdivision shall provide an opportunity for all comments concerning ballot issues to be
summarized as required by Article X, Section 20 of the Colorado Constitution. The DEO shall transmit the
summaries and any other required material to the County Clerk no later than forty-two (42) days, September
26, 2017 (Appendix A) before the Election in final written form in accordance with the specifications listed under
Ballot Certification Format Requirements. Submissions not meeting these requirements will be rejected by the
County Clerk.
The County Clerk shall:
1. Be responsible for mailing the notice required by Article X, Section 20(3) (b) of the Colorado Constitution
in the most cost effective manner feasible to all registered Eagle County voters.
2. Combine the text of the TABOR Notice produced by the Political Subdivision with those of other political
subdivisions to produce the TABOR Notice.
3. Include in the TABOR Notice mailed to each household where one or more eligible electors reside; voter
notification information which will include household address, precinct number, the specific election
being noticed, and other applicable information.
4. Address the packet to 'All Registered Voters' at each address of one or more active registered electors
within the Political Subdivision. Nothing herein shall preclude the County Clerk from sending the TABOR
Notice to persons other than active electors of the Political Subdivision if such sending arises from the
County Clerk's efforts to mail the TABOR Notice at'least cost'.
S. Be responsible for placing the TABOR Notices received from the various Political Subdivisions
participating in the Election in the proper order in the TABOR Notice packet. As nearly as practicable,
the notice shall be in the order the ballot issues will appear on the ballot.
6. Mail the TABOR Notice packet, addressed as required by law, at least thirty (30) days before the
Election.
Political Subdivision shall:
1. Include, within its Ballot Issue Notice (TABOR Notice; Article X, Section 20 of the Colorado State
Constitution), ballot titles in this order of preference:
• Citizen Petitions:
L Notice of Election to Increase Taxes
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ii. Notice of Election to Increase Debt
• Referred Measures:
i. Notice of Election to Increase Taxes
ii. Notice of Election to Increase Debt
2. Title the TABOR Notice with "NOTICE OF ELECTION TO INCREASE TAXES/TO INCREASE DEBT/ON A
CITIZEN PETITION/ON A REFERRED MEASURE" according to the type of Tabor question.
3. Provide in English (encouraged to also provide in Spanish) the Political Subdivision's completed TABOR
Notice to Regina O'Brien, County Clerk in the format described in Ballot Certification Format
Requirements.
Street Locator List
Appendix B to this Agreement is a copy of the Street Locator List for the Political Subdivision. It is the
responsibility of the Political Subdivision to review the list and correct any errors. A Statement of Certification,
Appendix C, must be signed by the DEO for the Political Subdivision and returned to the County Clerk along with
any changes to the Street Locator List, accompanied by the signed Intergovernmental Agreement seventy (70)
days prior to the Election, August 29, 2017. (Appendix A)
Appointment and Training of Election Judges
All Election Judges shall be appointed and trained by the County Clerk. In the event that additional Judges are
needed, the Political Subdivision may be required to provide one individual to serve in that capacity.
Testing and Tabulation
Processes relating to the tabulation of ballots shall be the responsibility of the County Clerk. An unofficial
abstract of votes will be provided to the Political Subdivision upon completion of the counting of all ballots, and
an official certification of election will be provided to the Political Subdivision after the official close of the
Election.
Canvass of Votes
The canvass of votes will be conducted by the Board of Canvassers appointed by the County Clerk. Such canvass
will be completed no later than seventeen (17) days after the Election (November 24, 2017) and official results
of the canvass will be provided to all Political Subdivisions participating in the Election. Any additional
Certificates of Election which are required by law to be forwarded to another division of government shall be the
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responsibility of the Political Subdivision.
Indemnification
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.
Cancellation
In the event that the Political Subdivision, after the signing of this Agreement and on or before the day of the
Election, resolves not to hold the Election, notice of such resolution shall be provided to the County Clerk
immediately. The Political Subdivision shall provide notice by publication (as defined in the Code) of the
cancellation of the Election and a copy of the notice shall be posted in the Office of the County Clerk, in the
office of the Designated Election Official (as defined in the Code), 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 shall not cancel the election after the twenty-fifth (25th) day prior to the Election,
October 13, 2017 (Appendix A).
The Political Subdivision shall be responsible for all expenses incurred on its behalf to the date that notice was
received by the County Clerk together with all expenses incurred thereafter which could not be avoided by
reasonable effort. All costs incurred or contracted for by the County Clerk to support the Political Subdivision's
portion of the TABOR Notice shall be reimbursed by the Political Subdivision.
Upon receipt of the invoice, the Political Subdivision shall promptly pay the County Clerk the full actual costs of
the activities of the County Clerk relating to the Election incurred both before and after the County Clerk's
receipt of such notice.
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.
Notices
Any and all notices required to be given by this Agreement are deemed to have been received and to be
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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, County Clerk; or
• immediately upon receipt of confirmation that a fax or e-mail was received.
To County 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 Jurisdiction: fax:
MI"fing
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 prior to the Election, August 29, 2017 (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.
// Remainder of Page Intentionally Left Blank //
Eagle County 2017 Coordinated Election IGA Page 8
In witness whereof, the Parties hereto have executed this Agreement to be effective the
Date
Designated Election Official
For Town of Avon
egina O'Brien Date
Eagle County Clerk and Recorder
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Appendix A
CALENDAR OF EVENTS AND DEADLINES FOR
NOVEMBER 7, 2017 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 28, 2017 —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 county clerk and recorder, the political subdivision
shall notify the county clerk and recorder in writing. C.R.S. 1-7-116(5), C.R.S. 1-1-106(5)
• Tuesday, August 1, 2017 — IGA's 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.
• Tuesday, August 29, 2017 — 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 area accurate and completed, note any changes or inaccuracies, and certify
no later than 4:30 pm 70 days prior to Election. Please submit sooner if possible.
• Fridav, September 8, 2017 — 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. C.R.S. 1-5-203(3)(a)
• Week of September 18, 2017 — Equipment and Logic and Accuracy Testing
• Tuesday, September 26, 2017 — 42 days prior - Political subdivisions shall deliver the full text of any required ballot
issue notices (pro/con statements) to the county clerk and recorder in order to be included in the issue mailing.
C.R.S. 1-7-904
• Friday, October 61 2017 — 30 days prior - county clerk and recorder mails out TABOR Notice(s). C.R.S. 1-1-106(5)
• Fridav, October 13, 2017 — 25 days prior - Last date to for political subdivision to cancel election or withdraw ballot
issue or question. C.R.S. 1-5-208(2)
• Monday, October 16, 2017 — Ballots mailed, except for UOCAVA voters. 1-7.5-107(3)(a) C.R.S.
• Monday, October 16, 2017 — 24-hour ballot drop boxes and interior ballot boxes available in Avon, Eagle and EI
Jebel clerk and recorder locations.
• Wednesday, October 18, 2017 — No later than 20 days prior to Election Day - clerk and recorder will publish notice of
election. C.R.S. 1-1-104(34),1-5-205(1).
• Monday, October 30, 2017 — 8 days prior - Last day ballots can be mailed. After this date voters have the option of
picking up ballots in person at any Voter Service and Polling Center.
• October 30 — November 7, 2017 — Voter Service and Polling Centers open in all county clerk and recorder locations.
• Tuesday, November 7, 2017 — Election Day - First Tuesday following the first Monday of November. Polls open 7 am
— 7 pm.
• Friday, November 24, 2017 — Deadline to certify election results. Official results will be forwarded to political
subdivisions.
Appendix B
STREET LOCATOR LIST FOR INDIVIDUAL SPECIAL DISTRICTS FOR
NOVEMBER 7, 2017 COORDINATED MAIL BALLOT ELECTION
Appendix C
STATEMENT OF CERTIFICATION — STREET LOCATOR LIST
FOR NOVEMBER 7, 2017 COORDINATED MAIL BALLOT ELECTION
I, U `(J(2- _ , as Designated Election Official
for':F0Lo�n n°oc�,C\ , (hereinafter "Political Subdivision") do hereby
certify that the Street Locator List 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 0 ictal
for
(Name of Special District)
1 M"'143M