TC Res. No. 2001-12RESOLUTION NO. 12
SERIES OF 2001
A RESOLUTION AUTHORIZING THE TOWN OF AVON TO PARTICIPATE IN THE
COORDINATED MAIL BALLOT ELECTION OF NOVEMBER 6, 2001
WHEREAS, § 1-7-116(5), C.R.S. provides that "If, by one hundred days before the
election, a political subdivision has taken formal action to participate in a general election or
other election that will be coordinated by the county clerk and recorder, the political
subdivision shall notify the county clerk and recorder."
WHEREAS, the Town of Avon wishes to take this formal action to participate in the
coordinated mail ballot election of November 6, 2001.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. The Town of Avon hereby takes this formal action to participate in the
coordinated mail ballot election of November 6, 2001.
ADOPTED this 10 day of July , 2001.
TOWN OF AVON, COLORADO
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Kris own Clerk
RO S TO FORM:
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Burt Levin, Town Attorney
MEMORANDUM'
TO: Hon. Mayor and Council Members
FROM: Burt.Levin
RE: Resolution concerning November 6, 2001 election
DATE: 07/05/01
The November 6, 2001 election will be coordinated by the Eagle County Clerk (Sara
K. Fisher). Ms. Fisher will-be presenting us with a draft of an Intergovernmental Agreement
between the Town and the. County at least 60 days before the election, as required by § 1-7-
I I6(2), which provides:
(2) The political subdivisions for which the county clerk and recorder
will conduct. the coordinated election shall enter into an agreement with the
county clerk and recorder for the county or counties in which the political
subdivision is located concerning the: conduct of the coordinated election. The
agreement shall be signed no later than sixty days prior, to the scheduled
election. The agreement shall include but not be limited to ,the following:
(a) Allocation of the responsibilities between the county clerk and recorder
and the . political subdivisions for the preparation and, conduct of the
coordinated election; and
(b) Provision for a reasonable sharing of the actual cost of the coordinated
election among the county and the political. subdivisions. For such purpose,
political subdivisions are not responsible for sharing any portion of the usual
costs of maintaining the, office of the county clerk and recorder, including but
not limited to overhead costs and personal services costs of permanent
employees, except for such costs that are :shown to be directly attributable to
conducting coordinated elections on behalf of political subdivisions.
. The attached resolution authorizing the Town to participate in the coordinated
election run by the Ms. Fisher satisfies another section of the Election Code, § 1-7-116(5)
C.R.S., which provides:
(5) If, by one hundred days before the election, a political subdivision has
taken formal action to participate in a general election or other election that
will be coordinated by the county clerk and recorder, the political subdivision
shall notify the county clerk and recorder. .
This resolution is similar to one approved last year for the November 2000 election.
Sherman & Howard L.L.C.
May, 2001
TOWN OF AVON USE TAX ELECTION
COORDINATED MAIL BALLOT ELECTION TIMETABLE
Ballot Issue Election
November 6, 2001
DISCLAIMER: The following timetable is based upon the laws currently in effect and will.
likely change once the legislature has completed its session this year.
(Note: All statutory references ate to the Colorado Revised Statutes, as amended; rule references are
to the Colorado Secretary of State Rules and Regulations Regarding Election Piocedures, 1997)
DATE
EVENT
July 10
Town Council adopts ordinance imposing the use tax
(which will not be effective until election) on first
reading.
July 19 (110 days before the election)
Town notifies County Clerk regarding preference of
form of coordinated election. Rule 5.2.2
July 24
Town Council adopts ordinance imposing the use tax
(which will not be effective until election) on second
reading.
July 30 (100 days before the election)
Town contacts County Clerk regarding the Town's
(Since 100 days is July 29, use July 30
participation in coordinated election, if the Town has
§ 1-1-106(4))
taken any formal action"with respect to the election.
§ 1-7-116(5).
September 7 (no later than 60 days
Intergovernmental agreement signed with County Clerk
prior to the election)
regarding election duties. § 1-7-116(2).
Last day 'to file registration challenge with County
Clerk,(hearing to be held no later than 30 days after
filing). § 1-9-101(1)(a).
September, 12 (no later than 55 day's
Designated election official certifi e
before the election)
ballot and the ballot content to the County Clerk-6- 1-5-
203(3). The list of ballot issues shall be in the
olllowing order: constitutional issues, statewide issues,
county issues, municipal issues, school district, issues,
ballot issues for political subdivisions in more than one
county, and ballot issues for political subdivisions in
one county. Measures are ordered as follows:
measures to increase taxes, measures to increase debt,
citizen petitions, referred measures to increase taxes,
and referred measures to increase debt. § 1-5-407(5).
Rule 5.4.3.2.
Coordinated election official (the Town Clerk) notifies
the Secretary of State of the intention.to hold mail
ballot election. Notification must include a proposed
plan for conducting election, which may be based on.
the standard plan adopted by'the Secretary of State. §
1-7.5-105(1) (See Rule 10.3.2 for required contents of
plan).
September 21 (the. Friday before the
Last day to file pro and con statements on ballot issues
45th day before the election)
with designated election official. Colorado Constitution
Article X, § 20(3)(b)(v). TABOR notice should be.
finalized. § 1-7-901(4).
September 24 (no later than 43 days
If ballot issue is on the ballot as the result of a citizen's
before the election)(no later than 3:00
petition, petition representatives are required to submit
PM)
to election official summary of favorable comments.
§ 1-7-903(3). Rule 5.4.4.5.
September 25 (no later than 42 days
The designated election official shall prepare and
before the election)
deliver to the County Clerk the full text of any required
ballot issue notices . §1-7-904. (Pursuant to the
intergovernmental agreement, the County Clerk may
have additional requirements or require notice earlier).
September 27 (last date for approval of
Secretary of State shall approve the written mail ballot
written mail ballot plan by the Secretary
plan within 15 days after receiving it and shall provide
of State)
a written notice of approval. §1-?.5-105(2).
September. 27 (no later than 40'b day
Designated election official sends notice of election to
preceding the election)
County Clerk and orders the registration records. Rule
10.3.1.3. § 1-5-303(1).
For elections where owning property is a requirement
for voting in the election, the designated election
official shall give notice of the election to the County
Assessor (Rule 10.3.1.5) and shall order the list of
property owners from.the County Assessor. § 1-5-
304(1).
October 5 (no later than 30 days before
Mailing of TABOR Notice. Colorado Constitution
election) (Since 30 days is October 7,
Article X, §-20(3)(b).
use October 5 § 1-1-106(5))
October 9 (no later than 29 days before
Last day to register to vote. § 1-2-201(3).
the election) (Since October 8 is a
holiday, use October 9 § 1-1-106(4))
October 12-22 (No sooner than 25 days
Designated election official mails a mail ballot package
before the election and no later than 15
to each active registered elector. § 1-7.5-107(3)(a).
days before the election. With prior
approval from the Secretary of State, no
later than 10 days before the election)
October 12, (no later than 25 days
Last day to cancel election: § 1-5-208(2).
before election)
October 12 - November 7 (no sooner
"Walk-in" voting available during regular business
than 25, days prior until 7:00 p.m. on
hours at office of election official for eligible electors
Election Day).
not appearing on lists discussed above. "In-person"
voting site available forballot delivery and replacement
ballots. § 1-7.5-107(3)(c). Rule 10.10.2.
October. 17 (no later than 20 days
Designated election official provides notice by
before the election)
publication of mail ballot election. § 1-7.5-107(2.5)(a)
and mails a copy of such notice to the County Clerk.
§ 1-5-205(2). See § 1-5-205(1)(a) through (d) for items
to be included in notice.
County Clerk and County Assessor each submit to
designated election official supplemental listofeligible
electors or property owners whose names were not
included on the preliminary list. § 1-7.5-107(2)(b).
Rule 10.4.8.
(not more than 20 days prior to
County Clerk holds classes for election judges. § 1-6-
election)
101(5).
October 22 (at least 15 days before the
For coordinated elections, the canvassing board is.
election)
appointed in accordance with the intergovernmental
agreement. § 1-10-201
October. 22 (at least one week before
Last day for County Clerks to file contingency plans
any ballots are counted electronically)
with the Secretary of State for their electronic vote-
counting facilities for mail ballot election. Rule 9.6
October 26 (10 days prior, to election)
Notice of election posted in office of designated
(Since 10 days is October 27, use
election official (until 2 days after election). § 1-5-
October 26 § 1-1-106(5))
205(I.3).
October 27
Election officials may begin counting mail ballots.. § 1-
7.5-107.5.
November 2 (no.later than the close of
Last day to apply for an absentee ballot. § 1-8-104(3).
business on the Friday immediately
Rule 10.82
preceding the election)
November 6
ELECTION DAY. (7:00 a'.m. to 7:00 p.m.) § 1-1-
104(17). § 1-7-101(1).
November 13 (no later than 7 days
Last day for Board of Canvassers to meet, survey
after election)
returns and issue a certified statement of returns to the
designated election official. § 1-10-201
(immediately after survey of retums)
Designated election official notifies Town of election
results and makes certificate of election available for
public inspection for -no less than ten days following
completion of survey. § 1-11-103(2).
November 14 (no later than the 8" day
Last day for the County Clerk to certify. the official
after the election)
abstract and deliver a copy to the Secretary of State.
§ 1-10-103(1).
November 16-23 (within 10 days after
Last day to file statement of intent to challenge ballot
official survey of returns is filed with
issue election in district court: § 1-11-213(4).
designated election official)
November 20 (no later than 14' day
County Clerk and .Recorder shalt, examine official
after election)
abstract of votes cast and order appropriate recounts.
§ 1-10.5-103.
November 21 (within 15 days after
Last day for an interested party to request a recount on
election)
ballot issues at their own expense.. § 140.5-106(2).
November 22. (within :1 day after
Election official notifies. the County Clerk that an
request for recount is filed)
interested party has requested a recount. § 1-10.5-
106(2).
November. 27 (no later than the 21 st
Mandatory recount must be completed. § 1-10.5-104.
day after election)
Mandatory recount is required if the difference between
the highest number of votes cast and the next highest
number of votes is less than or equal to one-half of one
percent of the highest number of votes cast. § 1-10.5-
101(b).
December 6 (no later than the 30th day
Requested recount, must be completed. § 1-10.5-
after election)
106(2).
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