08-18-2008 EAGLE COUNTY CLERK & RECORDER AGREEMENT THAT OUTLINES ELECTION RESPONSIBILITIESd '
MEMO f IIQ~
To: Mayor and Council Members
Thru: Larry Brooks, Town Manager
From: Patty McKenny, Director Administrative Services
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Date: August 18, 2008
Re: Intergovernmental Agreement between Town of Avon & Eagle County for
November 4, 2008 Coordinated Election
Summary:
The November 4, 2008 general election will be administered as a coordinated election by the
Eagle County Clerk (Teak Simonton). The attached Intergovernmental Agreement is presented
by Eagle County in regards to the administration and conduct of the November 4, 2008
coordinated election. This agreement must be submitted to the County at least 60 days before
the election, as required by § 1-7-116(2), August 26, 2008. In light of the cancellation of Avon's
first August meeting, the Eagle County Clerk was made aware of the timeframe in which Council
would consider this agreement. Teak Simonton indicated she would accept the IGA upon
approval from Avon's Town Council on August 26, 2008.
Background:
The Town of Avon has participated in this type of coordinated election for its municipal election
in the past.
• Discussion:
The Agreement addresses the role of the Election Officials, how costs are incurred, the
Preparation & Verification of Petitions, Ballot Certification, Preparation of Voter Lists, and
various other election topics. John Dunn has reviewed the agreement as well.
Financial Implications:
There are financial implications in administrating the election that have been budgeted in the
2008 budget ($5,000).
Town Manager Comments:
•
Eagle County
.t.> ;intergovernmental Agreement
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• November 4, 2008 Coordinated Election
-01
This Agreement is made and entered into this alp day of d wS~ 2008, between Eagle County
and (The Town of Avon) (hereinafter referred to as 'Political Subdivision'), concerning the administration and the
conduct of the November 4, 2008 General Election.
Coordinated and Designated Election Officials
Except as otherwise provided in this Section, the 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'
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 only to the portion of the Political Subdivision within the boundaries of Eagle County.
County Clerk Responsibilities
The County Clerk shall perform the following services and activities for the Political Subdivision's Election:
1. Determine the 'least cost' method for mailing the Ballot Issue Notice (TABOR Notice) packet, and
determine the portion of such cost to be applied to the Political Subdivision.
2. Combine the text of the TABOR Notices produced by the Political Subdivision with those of other political
subdivisions to produce the TABOR Notice packet.
3. Include in the TABOR Notices 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 packet at'least cost'.
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•
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5. 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 30 days before the Election.
7. Provide the Political Subdivision an itemized statement of the costs for performing the tasks by the
County Clerk hereunder no later than 60 working days following the Election. Exercise all reasonable
diligence, care and control in providing these services to the Political Subdivision.
8. Give assistance and information to the Designated Election Official of the Political Subdivision 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 the Colorado Revised Statutes which are necessary or appropriate
to the performance of the above duties.
Political Subdivision Responsibilities
The Political Subdivision shall perform the following services and activities for the Political Subdivision's Election:
1. Identify a 'Designated Election Official' to act as liaison between the Political Subdivision and the County
Clerk.
2. Determine the ballot issues to be voted upon at the Election.
• 3. Include, within its Ballot Issue Notice (TABOR Notice), ballot titles in this order of preference:
• Citizen Petitions:
i. Notice of Election to Increase Taxes
ii. Notice of Election to Increase Debt
• Referred Measures:
i. Notice of Election to Increase Taxes
ii. Notice of Election to Increase Debt
4. Determine the ballot title and text.
5. Summarize written comments concerning ballot issues following receipt of such comments from the
eligible electors of the Political Subdivision and the public. Such TABOR Notice shall include:
• The ballot title, text, and local election office address and telephone number.
• Fiscal information to be included in the TABOR Notice.
• Written comments concerning ballot issues in accordance with C.R.S. 1-7-901(2)
6. Provide the Political Subdivision's completed TABOR Notice to Teak J. Simonton, County Clerk in the
format described in Appendix A.
7. The Political Subdivision shall provide mailing labels for eligible property owners to the County Clerk on or
before September 25, 2007 for the mailing of TABOR Notices. (Appendix B)
• 8. This submission may not be changed by the Political Subdivision following submission to the County
Clerk without written approval from the County Clerk (such approval may be withheld for any or no
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reason), and shall be provided to the County Clerk no later than the 42nd day preceding the Election.
(Appendix B) •
9. Exercise all reasonable diligence, care and control in providing these services to the County Clerk.
10. 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).
11. Adhere to all applicable provision of the Colorado Revised Statutes which are necessary or appropriate to
the performance of the above duties.
Costs
The County Clerk shall keep a 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 sixty (60) work days following the date of the
Election (Appendix B). Costs shall include but are not limited to: election judges and other associated personnel,
ballots and related election forms, printing, election supplies, legal notices paid for the County, postage, rental
charges, technical support, and TABOR Notice printing and mailing.
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 for
each Political Subdivision. In the event that additional costs are incurred, the Political Subdivision promulgating •
such costs will be charged accordingly.
The minimum charge for coordinating the election with the County Clerk shall be $250.00
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 required by 1.5.205 of the Uniform Election Code in the Eagle Valley
Enterprise and the Valley Journal no later than 20 days prior to the Election (Appendix B).
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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2
The County Clerk shall be responsible for approving the form of petitions and verifying the eligibility of petition
• signatures.
Ballot Certification
The Political Subdivision is responsible for furnishing the text of the ballot to the County Clerk at least 60 days
before the Election in final written form using the format requirements specified in Appendix A. The Political
Subdivision assumes all responsibility and cost for any judicial proceedings regarding whether or not issues
legally belong on the ballot. 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. Wording shall be in upper
and lower case except as is dictated by law (e.g., TABOR Amendment). The Political Subdivision has
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 its 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.
• Preparation of Voter Lists
All lists shall be provided to the Political Subdivision when specifically requested by the Political Subdivision in
writing and in accordance with 1.5.304 of the Uniform Election Code.
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 Designated Election Official
shall transmit the summaries and any other required material to the Coordinated Election Official no later than 42
days before the Election in final written form in accordance with the specifications required in Appendix A.
Submissions not meeting these requirements will be rejected by the County Clerk.
The County Clerk shall be responsible for mailing the notice required by Article X, Section 20(3) (b) in the most
cost effective manner feasible to all Eagle County residents with targeted mailing to active registered voters in zip
codes 81657 and 81658.
• The Political Subdivision is responsible for supplying mailing labels to the County Clerk for all eligible electors
residing outside of Eagle County by September 25, 2007 (Appendix B).
Page 4 of 7
The County Clerk shall charge each Political Subdivision for costs relating to the TABOR Notice on a prorated •
basis based on the number of ballot issues and/or items to be included in said notice for each Political
Subdivision. In the event that additional costs are incurred, the Political Subdivision promulgating such costs will
be charged accordingly.
Property Owner Lists
(Applies Only to Political Subdivisions Whose Eligible Electors include Property Owners)
The Political Subdivision shall acquire the property ownership list referred to in 1.5.304 C.R.S from the Assessor.
The cost of the list is provided by statute and shall be paid directly to the Assessor by the Political Subdivision.
The Political Subdivision's staff shall be solely responsible for any work required on the Assessor's list and may
contact the County Clerk if access to voter registration records is required.
Street Locator List
Appendix C 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 D, must be signed by the Designated Election Official 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 70 days prior to the Election, August 28, 2007 at 4:00 p.m. (Appendix B) •
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.
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 21, 2008) 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
responsibility of the Political Subdivision. •
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• 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 25th day prior to the Election (Appendix B).
The Political Subdivision shall be responsible for all expenses incurred on their 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 effective:
• three days after they have been mailed by certified mail, return receipt requested to the address as
set forth below;
• immediately upon hand delivery to Teak J. Simonton, County Clerk,; or
•
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r
• immediately upon receipt of confirmation that a fax was received;
To County Clerk: Teak J. Simonton
Eagle County Clerk and Recorder
500 Broadway
P.O. Box 537
Eagle, CO 81631
To Jurisdiction
Time is of the Essence
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Per C.R.S. 1-7-116(2) this Agreement must be signed and returned to Teak J. Simonton, Clerk and Recorder
seventy (70) days prior to the Election, Tuesday August 26, 2008.
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 the PLO - day of au5t--
2008.
Design d Election Official
For
The Town of Avon
j acv` C~ QV ova
t O(s3V~ C~~-G~
Attest:
Chairman
Eagle County Board of Commissioners
Teak J. Simonton
Clerk and Recorder
Date
•
Page 7 of 7
L 11
Appendix A
Requirements for Formatting Submissions
• November 4, 2008 General Election
Intergovernmental Agreement
Text will be accepted via email
Media
Compact disk or via email attachment
Software
Word version 2000 or above
Text
Times New Roman
Fonts
10
Margins
1" top and bottom
'
1
/4 sides
Spacing
Single
Do not use tables or columns in setting up files. These are difficult to reformat and
Tables/Columns
often require type size adjustments. Use tabs to put information in rows and/or
columns.
Printout
A hard copy must be submitted with the electronic version with the file name clearly
noted on the first page.
Labeling
Name of political subdivision and date of election
Appendix B
Calendar
NOVEMBER 4, 2008 General Election
While this Calendar may not include all significant dates, some key dates are identified
for your reference
July 25, 2008 Notify County Clerk if action has been take to
participate in the coordinated election
C.R.S. 1-7-116(5)
August 26, 2008 Intergovernmental Agreement due in County
Clerk's office C.R.S. 1-7-116(2)
September 5, 2008 Last day for Political Subdivision to submit certified
ballot content to the County Clerk. 1-5-203
September 23, 2008 Deliver full text of ballot issue notices to County
Clerk C. R.S. 1-7-904
September 23, 2008 Deliver mailing labels and postage for eligible out of
county voters to County Clerk
October 3, 2008 Deadline for mailing Tabor Notice
Article X, Section 20 (3) (b)
October 6, 2008 Last day to register to vote for the
General Election - CRS 1-2-201
November 4, 2008 Election Day - All ballots must be received
by 7:00 p.m.
November 21, 2008 Complete Canvass of Ballots C.R.S. 1-10-102
•
•
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• Appendix C
Eagle County
Intergovernmental Agreement
November 4, 2008 General Election
This Appendix
is the Street Locator List for the specific
participating District
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Appendix D •
Eagle County
Intergovernmental Agreement
November 4, 2008 General Election
Statement of Certification - Street Locator List
I, a -Mc ~e n , as Designated Election
Official for (T &"f Avon), do y certify that the Street Locator List
provided to the District 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 District.
aU ci - g /I S
Desi nat d Election Official Date
for Town of Avon
0