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11-06-2018 Eagle County IGA November 6, 2018 ElectionEagle County Clerk & Recorder RECEIVED AUG 2 0 2018 Eagle County Intergovernmental Agreement PM_- By Tuesday, November 6, 2018 General Election Coordinated and Designated Election Officials 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. 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. Jurisdictional Limitation This Agreement shall apply only to the portion of the Political Subdivision within the boundaries of Eagle County. Clerk's Contact Officer Clerk hereby designates Stacey Jones, Eagle County Election Manager (stacey.jones@eaglecounty.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. I. Clerk Responsibilities The Clerk will perform all duties in substantial compliance with applicable provisions of the Election Code of 1992, sections 1-1-101 to 1-13-803, C.R.S., as amended ("Election Code"); the Election Rules promulgated by the Colorado Secretary of State, as amended; and policy directives of the Colorado Secretary of State, if applicable. A. Preparation for Election 1. The Clerk hereby provides the Political Subdivision with an address library report (Appendix C), 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. Eagle County 2018 General Election IGA Page 1 3. The Clerk shall supply, deliver and setup 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 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 Vail Daily, the Aspen Times Weekly and EI 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 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 to and accept voted mail 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 provide properly trained members of election staff to prepare for, conduct and assist with the reconciliation and canvas of the Election. 5. The Clerk shall conduct any required post-election audit. 6. The Clerk shall conduct any mandatory or permissive recount. 7. The Clerk shall appoint canvas board and risk limiting audit board members, oversee the conduct of the canvass and risk limiting audit, and certify official results of the Election. Eagle County 2018 General Election IGA Page 2 8. 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. 9. The Clerk shall preserve all election records relating to the Election for twenty-five months pursuant to 1-7-802 C.R.S. 10. The Clerk shall be the final decision maker on any substantive and procedural issues regarding the conduct of the Election. C. Ballot Issue Notice aka "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 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. II. 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, or phone calls from the Clerk/Contact Officer within 24 -hours from the time of delivery by the Clerk/Contact Officer. If the DEO cannot respond in 24 -hours, an alternative official may respond on the DEO's behalf. 2. The Political Subdivision has designated whose mailing address is Eagle County 2018 General Election IGA Page 3 and whose phone numbe and whose email address and whose fax number is as its DECO for the purpose of the Election. B. Certification of Address Ranges 1. The Political Subdivision shall verify and certify to the Clerk 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 C. 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 D) 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 C 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 D) and accuracy of the address library report, with notations regarding inaccuracies and omissions by the 70`h day before the election, Tuesday, August 28, 2018. C. Ballot Content The Political Subdivision shall be solely responsible for determining whether a ballot issue, ballot question, candidate contest, or candidate is eligible or properly certified for the ballot. 2. The Political Subdivision shall provide a certified copy to the Clerk of all ballot content (candidate contests, ballot issues and ballot questions) referred by the Political Subdivision for the Election: 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, at the earliest possible time and in no event later than sixty (60) days before the Election, September 7, 2018 (Appendix B), pursuant to section 1 -5 - Eagle County 2018 General Election IGA Page 4 203(3)(x), C.R.S., as amended. c. 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, capitalization, spelling, and punctuation. L For candidates, specify 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 in all uppercase as is dictated by law (e.g. TABOR Amendment). Definition of Ballot Issue and Ballot Question "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. "Ballot question" means a state or local government matter involving a citizen petition or referred measure, other than a ballot issue. Ballot Issues or Questions will provide the following vote choice options: • Yes/For or YES/FOR (capitalize as necessary for issues) • No/Against or NO/AGAINST (capitalize as necessary for issues) d. 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 24 -hours to proofread, correct if necessary, sign, and return the proof to the 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. e. The Political Subdivision authorizes the Clerk to correct typographical errors and omissions and to cause to be entered into any blanks of the ballot question the appropriate ballot question number or letter upon designation of the ballot number or letter by the Clerk. f. The Political Subdivision shall certify its ballot content in conformance with the following formatting guidelines: Eagle County 2018 General Election IGA i Page 5 o Software: Microsoft Word '03 or later (not PDF) o Spacing: Single o Font Type: Arial Narrow o Font Size: 8 point o Justification: Left o All Margins: 0.5 inches o Language: English (Spanish translation strongly encouraged) o Delivery Medium: Email attachment g. The Designated Election Official (DEO) for a county, municipal, school district, or special district office must provide an audio recording of each candidate's name. The DEO or candidates may leave an audio recording of the candidate's name, exactly as certified for the ballot, on the voice mail 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. B. Ballot Issue Notice aka "TABOR Notice" The Political Subdivision shall provide an opportunity for all comments (pro and con statements) concerning ballot issues to be summarized as required by Article X, Section 20 of the Colorado Constitution (TABOR Amendment). The DEO shall transmit the summaries and any other required material to the Clerk no later than forty-two (42) days, September 24, 2018 (Appendix B) before the Election in final written form in accordance with the specifications for ballot certification format requirements listed above in C. 2. f. 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. The Clerk shall respond to all correspondence and inquiries that the Clerk receives within its expertise relating to election procedures, but shall refer inquiries concerning the substance of the ballot issues and ballot questions or the operations of the Political Subdivision to the Political Subdivision's DEO, C. Cancellation of Election In the event that the Political Subdivision resolves not to hold the Election, notice of such resolution shall be provided to the Clerk immediately. The Political Subdivision shall not cancel its participation in the Election after the twenty-fifth day prior to the election, October 12, 2018 (Appendix B), pursuant to section 1-5-208(2), C.R.S., as amended. Eagle County 2018 General Election IGA Page 6 2. 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 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 is 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. D. Other Responsibilities 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 A hereto. 111. 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, and other expenses attributable to the Clerk's conduct of the Election on behalf of the Political Eagle County 2018 General Election IGA Page 7 Subdivision. Clerk may give the Political Subdivision estimates of cost but such estimates are not binding, and the Political Subdivision is responsible for the pro rata share of actual costs. 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, mailing and postage for the ballot issue notice. Said expenses shall be prorated among all Political Subdivisions participating in the ballot issue notice. 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 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. S. 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. 7. The minimum charge for coordinating the Election with the Clerk for coordinating entities with 300 or less 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 March 4, 2019 (Appendix 8) Eagle County 2018 General Election IGA Page 8 IV. 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. V. 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. VI. 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 To Jurisdiction: fax: CQ—,— )) C1 LtQ ' Q email: -1e)C)I)n Ctw-)n_ 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 28, 2018 (Appendix B). 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. Eagle County 2018 General Election IGA Page 9 In witness whereof, the Parties hereto have executed this Agreement to be effective the (Date) 1Q01PR- Designated Electionfficia Date For —U L% -O 1 � ( �l Y�C1 (Political 5u§Avision) 0'13 n Date Clerk and Recorder Eagle County 2018 General Election IGA Page 10 Appendix A Additional responsibilities for a Political Subdivision in which non Eagle County resident property owners who 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 of real and personal property (and their spouses or civil union partners) are eligible to vote as long as they reside outside of the Political Subdivision but are registered to vote in Colorado (31-1-103(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 and Recorder will issue the voter a regular Eagle County ballot style that contains all of the contests 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 County Clerk and the County Clerk has verified the voter's eligibility in the statewide voter registration system. The property owner ballot will be sent to the mailing or ballot mailing address on record in the statewide voter registration system. Responsibilities of the Coordinating Political Subdivision Address Library Report 1. Review the address library report provided from the County Clerk and Recorder's Office (Appendix C). 2. Verify and certify all addresses listed in the address library report are within the Political Subdivision, are accurate, and are complete (with no omissions). All changes or inaccuracies must be identified by the Political Subdivision, the list certified by the Political Subdivision, and returned to the Clerk no later than 4:30 PM on August 28, 2018 (70 days prior to 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 no later than the 40th day preceding the date of the election (September 27, 2018). A supplemental list shall also be ordered to be provided to the Political Subdivision no later than 20 days before the election. (1-13.5-204, C.R.S.). 2. Remove all non -human property owners (e.g. trusts, LLCs, Corporations, etc.) from the Assessor's lists. 3. Cross-reference the state-wide Overseas and Military voter (UOCAVA) list with the property owner lists to determine if there are any special district property owners on this list. NOTE: UOCAVA ballots must be sent by September 22, 2018 (1-8.3-110(1) C.R.S) which is earlier than the statutory date to acquire the Property Owner list from the Assessor's office. It is the responsibility of the Political Subdivision to certify the list of any UOCAVA property owners to the Clerk by the deadline referenced in section 4. to ensure statutory delivery of UOCAVA property owner ballots. 4. Certify the revised Assessor's list that excludes non -human entities and UOCAVA voters in Excel format to the County Clerk by September 10, 2018. 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, prepare and send the property owner TABOR Notice to the property owner households listed on the certified property owner list. (Article X, Sec.20(3)(b)). This Notice may be combined with other TABOR notices 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 (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). S. Record each property owner ballot returned and signature verified. 6. Process ballots in the counting room. 7. Tabulate and certify results. Appendix B CALENDAR OF EVENTS AND DEADLINES FOR NOVEMBER 6, 2018 GENERAL 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: • July 30, 2018 —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 county clerk and recorder in writing. C.R.S. 1-7-116(5), C.R.S. 1-1-106(5) • August 1-3, 2018 — 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. Political Subdivisions with property owner ballots should also review Appendix A in the IGA and contact the Assessor's office to secure the particular property owner list. • August 28, 2018 — 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 70 days prior to Election. Please submit sooner if possible. • September 7, 2018 — 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). Please submit sooner if possible. • Week of September 17, 2018— Equipment and Logic and Accuracy Testing. • September 24, 2018 — 43 days prior - Political subdivisions shall deliver the full text of any required ballot issue notices (pro/con statements) to the Clerk in order to be included in the issue mailing. C.R.S. 1-7-904 • October 5, 2018 — 30 days prior — Last day for the Clerk to mail out TABOR Notice(s). C.R.S. 1-1-106(5) • October 12, 2018 — 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) • October 15, 2018 — First day ballots may be mailed, except for UOCAVA voters. 1-7.5-107(3)(a)(1) C.R.S. • October 22, 2018 — Voter Service and Polling Centers open. 24-hour ballot drop boxes and interior ballot boxes available in Avon, Eagle and EI Jebel Clerk and Recorder locations. C.R.S. 1-5-102.9(2) • October 29, 2018 — 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. C.R.S. 1-2-201(3)(b)(111) • November 6, 2018 — Election Day - First Tuesday following the first Monday of November. Polls open 7 AM — 7 PM. • November 28, 2018 — Deadline to certify election results. Official results will be forwarded to political subdivisions. • February 4, 2019 Last day for the Clerk to mail invoices to districts for their share of election costs. • March 4, 2019 Last day for districts to submit payment for election costs to Clerk's office. Appendix C ADDRESS LIBRARY REPORT INDIVIDUAL POLITICAL SUBDIVISONS FOR NOVEMBER 6, 2018 GENERAL MAIL BALLOT ELECTION Appendix D STATEMENT OF CERTIFICATION — ADDRESS LIBRARY REPORT FOR NOVEMBER 6, 2018 GENERAL MAIL BALLOT ELECTION I, L rz ,Lie— go 100 _ , as Designated Election Official for,,,,`��., �,-� AUC�(� , (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 Officia for �cr.-:n OF N-� (Name of Political Subdivision) 9. 11 U, I kl=�=W I Mat