TC Resolution 21-18 Approving Intergovernmental Agreement to Participate in Nov 2, 2021 Coordinated Election with Eagle County C&R; Ordering Recall Election for Nov 2, 2021; Setting Forth Applicable Candidate Deadlines for Recall ElectionRESOLUTION 21-18
APPROVING AN INTERGOVERNMENTAL AGREEMENT TO PARTICIPATE IN
THE NOVEMEMBER 2, 2021 COORDINATED ELECTION WITH THE EAGLE
COUNTY CLERK AND RECORDER; ORDERING A RECALL ELECTION FOR
NOVEMBER 2, 2021; AND SETTING FORTH THE APPLICABLE CANDIDATE
DEADLINES FOR THE RECALL ELECTION
WHEREAS, the Town of Avon, Colorado (the "Town"), is a duly organized and existing home -
rule municipality of the State of Colorado, created and operating pursuant to Article XX of the
Constitution of the State of Colorado and its Home Rule Charter of the Town of Avon, Colorado
(the "Town Charter"); and
WHEREAS, the members of the Town Council of the Town of Avon (the "Council") have been
duly elected and qualified; and
WHEREAS, the Eagle County Clerk and Recorder is conducting a coordinated election
pursuant to the Uniform Election Code of 1992, being Articles 1 to 13 of Title 1, C.R.S. (the
"Uniform Election Code") on November 2, 2021; and
WHEREAS, the Eagle County Clerk and Recorder submitted to the Town Clerk an
Intergovernmental Agreement with the Eagle County Clerk and Recorder concerning the
November 2, 2021 general election for Town Council Approval; and
WHEREAS, on July 22, the Town Clerk issued Certificates of Sufficiency, attached hereto as
Exhibit A, which respectively set forth that sufficient valid signatures were gathered to trigger a
recall election for Mayor Sarah Smith Hymes and Councilor Tamra Underwood pursuant to the
requirements of Article XXI of the Colorado Constitution, Section 31-4-501, et seq., C.RS. and
Section 3.5 of the Town of Avon Charter; and
WHEREAS, pursuant to §31-4-503(4), C.R.S., the Avon Town Council is required to order and
fix a date for the recall election to be held not less than thirty (30) days nor more than ninety (90)
days from the date hereof and determine whether voting in the recall election is to take place at
the polling place or by mail ballot; and
WHEREAS, the November 2, 2021 coordinated election is one of the dates at which the recall
election may be held; and
WHEREAS, pursuant to §31-4-504(4)(b), C.R.S., candidates seeking election in a recall
election shall have not less than ten (10) calendar days beginning on the first calendar day after
the Avon Town Council sets the date for the recall election within which to circulate nominating
petitions; and
WHEREAS, pursuant to §31-4-504(4.5), C.R.S., a recall election may only be conducted as part
of a coordinated election if the content of the recall election ballot is finally determined by the
date for certification of the ballot content for the coordinated election to the county clerk; and
Resolution 21-18 (Setting Date for Coordinated Election and Recall Election)
Page 1 of 5
WHEREAS, pursuant to §31-10-302(4), C.R.S., September 3, 2021 is the last day on which the
Town may certify ballot content to the Eagle County Clerk and Recorder for the November 2,
2021 coordinated election; and
WHEREAS, the Avon Town Council finds that a sixteen (16) day period for the nomination of
candidates to succeed the officers sought to be recalled is reasonable to provide fairness and
opportunity to such candidates, and for such candidates to have an additional seven (7) days
thereafter to cure any defects by the September 3, 2021 deadline; and
WHEREAS, pursuant to §31-4-504(3)(a), the ballot content shall include the rationale for the
recall as set forth in the petitions demanding the recall.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. All action heretofore taken (not inconsistent with the provisions of this resolution)
by the Town and the officers thereof, directed towards the election and the objects and purposes
herein stated is hereby ratified, approved and confirmed.
Section 2. Unless otherwise defined herein, all terms used herein shall have the meanings
defined in the Uniform Election Code, C.R.S. Title 1, Article 1.
Section 3. The Avon Town Council hereby approves the Intergovernmental Agreement
between the Town of Avon and the Eagle County Clerk and Recorder regarding the conduct of
the November 2, 2021 coordinated election, substantially in the form attached as Exhibit B (the
"Election IGA"), and authorizes the Town Clerk and Deputy Town Clerk to take whatever action
is necessary to coordinate the mail ballot election.
Section 4. The Town Clerk is hereby appointed as the designated election official of the
Town for purposes of performing acts required or permitted by law in connection with the
election.
Section 5. The Avon Town Council hereby specifically approves the expenditure of the
Town's pro rata share of the actual costs for the Eagle County Clerk and Recorder to conduct the
coordinated election, including the Town's pro rata share of the costs of printing and mailing the
ballots and all other election expenses pursuant to the terms of the Election IGA.
Section 6. The Avon Town Council hereby orders a recall election for Mayor Sarah Smith
Hymes and Councilor Tamra Underwood be conducted pursuant to the mail ballot coordinated
election to be held on November 2, 2021.
Section 7. The Avon Town Council hereby establishes August 27, 2021 at 5:00 p.m. as the
deadline for candidates to file their nomination petitions to succeed the person sought to be
recalled and for officers to be recalled to submit a statement of up to three hundred (300) words
regarding the recall to be included in the ballot content.
Resolution 21-18 (Setting Date for Coordinated Election and Recall Election)
Page 2 of 5
Section 8. The Avon Town Council hereby establishes September 3.2021 at 12:00 p.m. as
the deadline for candidates who have previously filed their nomination petitions by the August
27, 2021 deadline to to resubmit candidate petitions if such petitions had were previously
deemed insufficient by the Town Clerk.
Section 9. The officers of the Town are hereby authorized and directed to take all action
necessary and appropriate to effectuate the provisions of this resolution.
Section 10. If any section, paragraph, clause or provision of this resolution shall for any
reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section,
paragraph, clause or provision shall in no manner affect any remaining provision of this
resolution.
Section 11. All resolution or parts of resolution inconsistent herewith are hereby repealed to
the extent only of such inconsistency. This repealer shall not be construed to revive any
resolution or part of any resolution heretofore repealed.
Section 12. The effective date of this resolution shall be immediately upon adoption.
INTRODUCED, READ, AND ADOPTED by the Town Council of the Town of Avon on
the loth day of August 2021.
Attest:
renda Torres, Town Clerk
Resolution 21-18 (Setting Date for Coordinated Election and Recall Election)
Page 3 of 5
Exhibit A
Resolution 21-18 (Setting Date for Coordinated Election and Recall Election)
Page 4 of 5
Exhibit B
Resolution 21-18 (Setting Date for Coordinated Election and Recall Election)
Page 5 of 5
Resolution 21-18 Exhibit A
A
Avo n
Certificate of Sufficiency
July 22, 2021
WHEREAS, pursuant to § 3.5 of the Town of Avon (the "Town") Home Rule Charter, any
elected official of the Town may be recalled by the electors entitled to vote for a successor of such
incumbent through the procedure in the manner provided for in Article XXI of the State Constitution; and
WHEREAS, Article XXI of the Colorado Constitution provides a recall may also be exercised by
the registered electors of each county, city and county, city and town of the state, with reference to the
elective officers thereof, under such procedure as shall be provided by law; and
WHEREAS, on November 3, 2020 the Avon Recall Committee (the "Committee") submitted a
petition to recall Mayor Sarah Smith Hymes (the "Petition"); and
WHEREAS, the Town Clerk has reviewed the registered voter list provided to the Town by the
Eagle County Clerk and Recorder as well as the signatures contained in the Petition to determine the
number of voters registered to vote in the Town of Avon who signed the Petition; and
WHEREAS, the Eagle County Clerk and Recorder has provided the Town Clerk with a copy of
the abstract of votes for the 2018 Avon Town Council election, which abstract is attached hereto and
incorporated herein as Exhibit A; and
WHEREAS, the Town Clerk reviewed the affidavits attached to the Petition.
NOW THEREFORE, THE DEPUTY TOWN CLERK, AS THE TOWN CLERK'S DESIGNEE,
FINDS AS FOLLOWS:
1. The Petition was timely filed with the Town Clerk.
2. The Petition contains 462 valid signatures of electors registered to vote in the Town, which,
pursuant to the Eagle County Court's ruling in Town of Avon v. Avon Recall Committee, Case No.
2020C V30264, represents a sufficient number of signatures necessary to trigger a recall election
under Article XXI of the Colorado Constitution.
r
Carly ETena Fackler
Deputy Town Clerk
Resolution 21-18 Exhibit A
Exhibit A
Abstract of 2018 Avon Town Council Election
Page: 7 of 15
Resolution 21-18 Exhibit A
11/21/�)Ulv 10,"1.550 F�I�1
Candidates for Town Council (Vote for 4)
Total
Times Cast
1,984 / 3,621
54.79%
Undervotes
2,660
Overvotes
0
Candidate Party
Total
Chico Thuon
999
18.93%
Tom Ruemmler
398
7.54%
Scott Prince
780
14.78%
Sarah Smith Hymes
774
14.67%
Tamra Nottingham
824
o
15.62/o
Underwood
Adrienne Perer
543
10.29%
Russell J. Andrade
626
11.87%
Mick Van Slyke
332
6.29%
Total Votes
5,276
Total
Unresolved Write -In
0
Colorado Supreme Court Justice - Gabriel (Vote for 1)
Total
Times Cast 22,692 / 36,367 62.40%
Undervotes 5,680
Overvotes 3
Candidate Party Total
YES 13,763 80.92%
NO 3,246 19.08%
Total Votes 17,009
Total
Unresolved Write -In 0
Colorado Court of Appeals Judge - Dailey (Vote for i)
Total
Times Cast 22,692 / 36,367 62.40%
Undervotes 5,876
Overvotes 1
Candidate Party Total
YES 13,308 79.14%
NO 3,507 20.86%
Total Votes 16,815
Total
Unresolved Write -In 0
Resolution 21-18 Exhibit A
Certificate of Sufficiency
July 22, 2021
WHEREAS, pursuant to § 3.5 of the Town of Avon (the "Town") Home Rule Charter, any
elected official of the Town may be recalled by the electors entitled to vote for a successor of such
incumbent through the procedure in the manner provided for in Article XXI of the State Constitution; and
WHEREAS, Article XXI of the Colorado Constitution provides a recall may also be exercised by
the registered electors of each county, city and county, city and town of the state, with reference to the
elective officers thereof, under such procedure as shall be provided by law; and
WHEREAS, on November 3, 2020 the Avon Recall Committee (the "Committee") submitted a
petition to recall Councilor Tamra Underwood (the "Petition"); and
WHEREAS, the Town Clerk has reviewed the registered voter list provided to the Town by the
Eagle County Clerk and Recorder as well as the signatures contained in the Petition to determine the
number of voters registered to vote in the Town of Avon who signed the Petition; and
WHEREAS, the Eagle County Clerk and Recorder has provided the Town Clerk with a copy of
the abstract of votes for the 2018 Avon Town Council election, which abstract is attached hereto and
incorporated herein as Exhibit A; and
WHEREAS, the Town Clerk reviewed the affidavits attached to the Petition.
NOW THEREFORE, THE DEPUTY TOWN CLERK, AS THE TOWN CLERK'S DESIGNEE,
FINDS AS FOLLOWS:
1. The Petition was timely filed with the Town Clerk.
2. The Petition contains 452 valid signatures of electors registered to vote in the Town, which,
pursuant to the Eagle County Court's ruling in Town ofAvon v. Avon Recall Committee, Case No.
2020CV30264, represents a sufficient number of signatures necessary to trigger a recall election
under Article XXI of the Colorado Constitution.
&&.r
Carly E na Fackler
Deputy Town Clerk
Resolution 21-18 Exhibit A
Exhibit A
Abstract of 2018 Avon Town Council Election
Page: 7 of 15
Resolution 21-18 Exhibit A
1 1 /Z 1 /?0 16 10:26:50 AM
Candidates for Town Council (Vote for 4)
Total
Times Cast
1,984 / 3,621
54.79%
Undervotes
2,660
Overvotes
0
Candidate Party
Total
Chico Thuon
999
18.93%
Tom Ruemmler
398
7.54%
Scott Prince
780
14.78%
Sarah Smith Hymes
774
14.67%
Tamra Nottingham
Underwood
824
15.62%
Adrienne Perer
543
10.29%
Russell J. Andrade
626
11.87%
Mick Van Slyke
332
6.29%
Total Votes
5,276
Total
Unresolved Write -In
0
Colorado Supreme Court Justice - Gabriel (Vote for i)
Total
Times Cast 22,692 / 36,367 62.40%
Undervotes 5,680
Overvotes 3
Candidate Party Total
YES 13,763 80.92%
NO 3,246 19.08%
Total Votes 17,009
Total
Unresolved Write -In 0
Colorado Court of Appeals Judge - Dailey (Vote for i)
Total
Times Cast 22,692 / 36,367 62.40%
Undervotes 5,876
Overvotes 1
Candidate Party Total
YES 13,308 79.14%
NO 3,507 20.86%
Total Votes 16,815
Total
Unresolved Write -In 0
Resolution 21-18 Exhibit B
Intergovernmental Agreement
Between the Eagle County Clerk and Recorder and
the Town of Avon
Concerning the Tuesday, November 2, 2021 Coordinated Election
THIS Intergovernmental Agreement between the Eagle County Clerk and Recorder and
Town of Avon concerning the Tuesday, November 2, 2021 Coordinated
Election is made on August 11, 2021
RECITALS
WHEREAS, pursuant to C.R.S. § 1-7-116 (1) (a) the Clerk will serve as the coordinated election official
for the Coordinated Election, and in accordance with state law, will conduct the Coordinated 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
Coordinated Election to enter into an agreement with the Clerk concerning the conduct of the
Coordinated 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 issue(s) at the Coordinated
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 Coordinated 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
Eagle County 2021 Coordinated Election IGA Page 1
Resolution 21-18 Exhibit B
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
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
(stacey.iones(@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.
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.
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.
Eagle County 2021 Coordinated Election IGA Page 2
Resolution 21-18 Exhibit B
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.
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.
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")
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 C.R.S. The Clerk
Eagle County 2021 Coordinated Election IGA Page 3
Resolution 21-18 Exhibit B
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.
III. 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 4 hours, an alternative official may respond on the DEO's behalf. Failure to
respond to correspondence within 4 hours shall constitute approval allowing the Clerk to
move forward.
The Political Subdivision has designated Brenda Torres, Town Clerk
whose mailing address is PO Box 975, Avon, CO, 81620
and whose phone number is (970) 748-4001
and whose cell phone number is -
and whose email address is btorres@avon.org
and whose fax number is (970) 949-9139
as its DEO for the purpose of the Election.
B. Certification of Address Ranges
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.
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 B is both complete and accurate, as
the Clerk in her discretion may decide. The Political Subdivision shall deliver to the Clerk its
Eagle County 2021 Coordinated Election IGA Page 4
Resolution 21-18 Exhibit B
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 24, 2021.
C. Ballot Content
1. Definitions of Ballot Issue and Ballot Question:
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. Such certified 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 3, 2021 (Appendix A), pursuant to section 1-5-203,
C.R.S., as amended.
c. 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
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.
d. 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 wed exactly as it is to appear on
the ballot, including correct order, title, capitalization, spelling, spacing, and
punctuation.
Eagle County 2021 Coordinated Election IGA Page 5
Resolution 21-18 Exhibit B
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. 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.
e. 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.
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.
g. The Political Subdivision shall certify its ballot content via email to the Clerk and Contact
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: 8 point
V. Justification: Left
vi. All Margins: 0.5 inches
vii. Language: English
viii. Delivery Medium: Email attachment to regina.obrienPeaglecounty.us and
stacey.jonesCa)eaglecounty.us
Submissions not meeting these requirements may be rejected by the Clerk.
Spanish language translation of the ballot content is required to be submitted by the
Political Subdivision to the Clerk by Monday, September 27, 2021. Translation of TABOR
Notice content is not required but is strongly encouraged.
Eagle County 2021 Coordinated Election IGA Page 6
Resolution 21-18 Exhibit B
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 3, 2021 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
20, 2021 (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.1.g). 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.
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 (41
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 8, 2021 (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
Eagle County 2021 Coordinated Election IGA Page 7
Resolution 21-18 Exhibit B
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.
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.
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 D hereto.
IV. Miscellaneous
A. 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,
overtime pay for staff, and other expenses attributable to the Clerk's conduct of the Election
on behalf of the Political Subdivision. Clerk may give the Political Subdivision general
estimates of cost but such estimates are not binding. The Political Subdivision is responsible
for the pro rata share of actual costs as determined by the Clerk.
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, postage, and
mailing for the ballot issue notice. Said expenses shall be prorated among all Political
Subdivisions participating in the ballot issue notice.
Eagle County 2021 Coordinated Election IGA Page 8
Resolution 21-18 Exhibit B
3. 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 the 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.
5. 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
(Appendix A).
7. The minimum charge for coordinating the Election with the Clerk for coordinating entities
with 300 or fewer 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 February 28, 2022 (Appendix A).
B. 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.
C. 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.
Eagle County 2021 Coordinated Election IGA Page 9
Resolution 21-18 Exhibit B
D. 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.obrienPeaglecounty.us
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 before the Election, Tuesday, August 24, 2021 (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.
In witness whereof, the Parties hereto have executed this Agreement to be effective this day:
08/11/2021
(Date)
08/11/2021
Designated Election Official Date
For Town of Avon
(Political Subdivision)
Regina O'Brien Date
Eagle County Clerk and Recorder
Eagle County 2021 Coordinated Election IGA Page 10
Resolution 21-18 Exhibit B
Appendix A
CALENDAR OF EVENTS AND DEADLINES FOR
NOVEMBER 2. 2021 COORDINATED MAIL BALLOT ELECTION
While this calendar may not include all election dates, some key dates are identified for reference.
Dates double underlined 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 23. 2021— 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 Clerk in writing. C.R.S. 1-7-116(5), 1-1-106(5)
• July 26 — 30. 2021— IGAs 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 D in the IGA and contact the Eagle County Assessor's office to secure the
particular property owner list.
• Tuesday. August 24, 20210 3:00 p.m. MST— 70 days prior - Political Subdivisions participating in the
election must return signed IGAs to the Clerk. C.R.S. 1-7-116(2). Political Subdivisions must verify and certify
that all address ranges situated in the Political Subdivision (Appendix B) are accurate and complete, note any
changes or inaccuracies, and certify no later than 70 days prior to Election (Appendix C). Please submit
sooner if possible.
• Friday. September 3.2021 @ 3:00 p.m. MST— Last day for the DEO from each Political Subdivision to certify
the ballot text and provide audio recordings of candidate names to the Clerk; deadline is 3:00 p.m. Please
submit sooner if possible. C.R.S. 1-5-203(3)(a)
• Monday. September 6.2021— Last day for Political Subdivisions with property owner ballots to certify the
revised Assessor's property owner list to the Clerk. Please submit sooner if possible.
• Week of September 13.2021— Equipment and Logic and Accuracy Testing
• Tuesday. September 14, 2021— Deadline for Political Subdivisions with property owner ballots to certify the
military and overseas (UOCAVA) voter list to the Clerk.
• Saturday, September 18, 2021_ No later than 45 days prior — Deadline to send mail ballots to military and
overseas voters (UOCAVA voters). C.R.S. 1-8.3-110(1)
• Monday. September 20, 2021— 43 days prior - Political Subdivisions shall deliver the full text of any required
ballot issue notices (e.g. TABOR Notice) and pro/con statement summaries to the Clerk in order to be
included in the issue mailing. C.R.S. 1-7-904
• Monday. September 27, 2021- Spanish translation of ballot content due to the Clerk (TABOR Notice content
is not required to be translated).
• Friday, October 1, 2021_ 30 days prior — Last day for the Clerk to mail out TABOR Notice(s). C.R.S.
1-1-106(5)
• Friday. October 08, 2021— 25 days prior - Last date for Political Subdivision to cancel election or withdraw
ballot issue or question C.R.S. 1-5-208(2)
Appendix A continued on page 2
Eagle County 2021 Coordinated Election IGA Page 11
Resolution 21-18 Exhibit B
Appendix A — Continued (page 2)
CALENDAR OF EVENTS AND DEADLINES FOR
NOVEMBER 2, 2021 GENERAL MAIL BALLOT ELECTION
• Friday, October 8 - Friday, October 15, 2021— Ballots must be mailed, except for UOCAVA voters. C.R.S.
1-7.5-107(3)(a)(1). 24-hour ballot drop boxes open in Avon, Edwards, Eagle, Gypsum, El Jebel, Basalt, and
Vail.
• Monday, October 25, 2021— Voter Service and Polling Centers open. C.R.S. 1-5-102.9(2)
• Monday, October 25, 2021— 8 days prior - Last day to register to vote to receive a mail ballot. After this date
voters may pick up ballots in person at any Voter Service and Polling Center. C.R.S. 1-2-201(3)(b)(111)
• Tuesday, November 2, 2021— Election Day - Polls open 7:00 a.m. — 7:00 p.m. All ballots must be in the
hands of the Clerk by 7 PM on Election Day to be counted.
• Wednesday, November 24, 2021— Deadline to certify election results. Official results will be forwarded to
Political Subdivisions. C.R.S. 1-10-102(1), 1-10-103(1)
• Monday, February 7, 2022 — Last day for the Clerk to mail invoices to Political Subdivisions for their share of
election as well as any recount costs.
• Monday. February 28, 2022 — Last day for Political Subdivisions to submit payment for election and recount
costs to the Clerk's office.
Eagle County 2021 Coordinated Election IGA Page 12
Resolution 21-18 Exhibit B
Appendix B
STREET LOCATOR REPORT FOR
NOVEMBER 2. 2021 COORDINATED MAIL BALLOT ELECTION
Eagle County 2021 Coordinated Election IGA Page 13
Resolution 21-18 Exhibit B
Appendix C
STATEMENT OF CERTIFICATION — STREET LOCATOR REPORT
FOR NOVEMBER 2. 2021 COORDINATED MAIL BALLOT ELECTION
1, Brenda Torres
for Town of Avon
as Designated Election Official
(hereinafter "Political Subdivision") do hereby certify that the
Street Locator Report 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.
08/11/2021
Designated Election Official Signature Date
for Town of Avon
(Name of Political Subdivision)
Eagle County 2021 Coordinated Election IGA Page 14
Resolution 21-18 Exhibit B
Appendix D
PROPERTY OWNER BALLOTS — TITLE 32
This appendix defines responsibilities when conducting an election for a Political Subdivision (governed under
Title 32) in which property owners who are not Eagle County residents but 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 (and their spouses or civil union partners) of real and personal property are eligible
to vote as long as they reside outside of the Political Subdivision but are registered to vote in Colorado
(32-1-103(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 will issue the voter a regular Eagle County ballot style that contains all of the
contests in which 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 Clerk and after the Clerk has verified the voter's eligibility in the statewide voter
registration system. If the property owner does not specify a ballot mailing address on the self -affirming oath,
the property owner ballot will be sent to the mailing or ballot mailing address on record in the statewide voter
registration system.
Property owners who are registered voters outside of the State of Colorado are not eligible to vote a property
owner ballot.
Responsibilities of the Coordinating Political Subdivision
Street Locator Report
1. Review the Street Locator Report provided from the Clerk's office (Appendix B).
2. Verify and certify all addresses listed in the address library report are within the Political Subdivision and
Eagle County 2021 Coordinated Election IGA Page 15
Resolution 21-18 Exhibit B
are accurate and complete (with no omissions). All changes or inaccuracies must be identified by the
Political Subdivision, the list certified by the Political Subdivision (Appendix C), and returned to the Clerk
no later than 3:00 p.m. Mountain Standard Time on Tuesday, August 24, 2021, seventy (70) days before
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.
2. Remove all non -human property owners (e.g. trusts, LLCs, Corporations, etc.) from the Assessor's list.
3. Certify the revised Assessor's list that excludes non -human entities and UOCAVA voters in Excel format to
the County Clerk by Monday, September 6, 2021. Please submit sooner if possible. Political Subdivision
is responsible for the accuracy of this list.
4. Cross-reference the state-wide Overseas and Military voter (UOCAVA) list with the property owner list to
determine if there are any Political Subdivision property owners on the UOCAVA list. It is the
responsibility of the Political Subdivision to certify the list of any UOCAVA property owners to the Clerk
by Tuesday, September 14, 2021, to ensure statutory delivery of UOCAVA property owner ballots (NOTE:
UOCAVA ballots must be sent by Saturday, September 18, 2021 (1-8.3-110(1) C.R.S)).
5. Secure the supplemental Political Subdivision Property Owner list from the Eagle County Assessor's
Office no later than Wednesday, October 13, 2021 (20 days before the election). This supplemental list
shall contain the names and addresses of all recorded owners who became owners no later than
Monday, October 11, 2021 (22 days prior to the election).
6. Certify the revised supplemental Assessor's list that excludes non -human entities and UOCAVA voters in
Excel format to the County Clerk by Friday, October 15, 2021. 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, as well as the
supplemental list, prepare and send the property owner TABOR Notice to the property owner
households listed on the certified property owner list(s). (Article X, Sec.20(3)(b)). This Notice may be
combined with other TABOR notices or mailed separately 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
Eagle County 2021 Coordinated Election IGA Page 16
Resolution 21-18 Exhibit B
(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).
5. Record each property owner ballot returned and signature verified.
6. Process ballots in the counting room.
7. Tabulate and certify results.
Eagle County 2021 Coordinated Election IGA Page 17