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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 OF A `O •MH°Ny° `f'fJ t J Yoder, ay sk H A J AT Kris own Clerk RO S TO FORM: O 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). H:\CLIFNnDWISOM001024000\2001 UseTax\N&2001-coord-mail-tifntbl.wpd 5/11/01 4:06 pm 4