HomeMy WebLinkAbout20042836.tiff Memorandum of Intergovernmental Agreement 2004 Master
for Conduct of General Elections GrxiattsdIAel IC. (Q"hk (a(ara o t�b7Cii.(n�s�n�, Qi � ,hereinafter referred to as "Jurisdiction," does
hereby agree and contract with the Board of County Commissioners of the County of Weld,
hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter
referred to as "County Clerk," concerning the administration of the November 2, 2004, general
election conducted pursuant to the Uniform Election Code of 1992 as amended(hereinafter"Code"),
and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement
is not intended to address or modify statutory provisions regarding voter registration,nor to address
or modify the County Clerk's duties thereunder.
WHEREAS,the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via polling place on November 2, 2004, and
WHEREAS, the Jurisdiction agrees to conduct a general election with the County Clerk
acting as the general election official, and
WHEREAS, the County Clerk is the "general election official" pursuant to§ 1-7-116(2),
C.R.S., and is to perform certain election services in consideration of performance by the
Jurisdiction of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at §§1-1-111(3), 1-7-116, 22-30-
104(2), 22-31-103, and 29-1-203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein,the parties agree as
follows:
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U(/ (` ', C 3 2004-2836
/f_ A
1. The Jurisdiction encompasses territory within Weld County and
Mims I Ilovyvt County(ies). This Agreement shall be
construed to apply only to that portion of the Jurisdiction within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November 2, 2004, election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk for initiatives, referenda, and
referred measures under the provisions of§ § 31-11-101 through 118 and
22-30-104(4), C.R.S.
b. To do all tasks required by law of designated election officials concerning
nomination of candidates by petition, including, but not limited to: issue
approval as to form, where appropriate, of nominating petition; determine
candidate eligibility; receive candidate acceptance of nominations; accept
notice of intent,petitions for nomination,and affidavits of circulators;verify
signatures on nominating petitions; and hear any protests of the nominating
petitions, as said tasks are set forth in any applicable provisions of Title 1,
Article IV,Parts 8 and 9, § 1-4-501, §22-31-107,C.R.S.,and those portions
of the Colorado Municipal Election Code of 1965, Article X of Title 31 as
adopted by reference pursuant to § 1-4-805, C.R.S.
c. Establish order of names and questions pursuant to § 1-5-406 for
Jurisdiction's portion of the ballot and submit to the County Clerk in final
form. The ballot content,including a list of candidates,ballot title, and text,
must be certified to the County Clerk no later than 55 days before the
election, pursuant to § 1-5-203(3), C.R.S.
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d. Publish and post notices of election pursuant to § 1-5-205, C.R.S., and
include the information regarding the walk-in location address for application
or return of absentee ballots as set forth in paragraph 4.c of this Agreement.
e. Accept written comments for and against ballot issues pursuant to§§ 1-7-901
and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the
end of the business day on the Friday before the 45th day before the election.
Preparation of summaries of written comments shall be done by the
jurisdiction but only to the extent required pursuant to § 1-7-903,C.R.S. The
full text of any required ballot issue notices must be transmitted to and
received by the County Clerk no less than 42 days prior to the election. No
portion of this paragraph shall require the County Clerk to prepare summaries
regarding the Jurisdiction's ballot issues.
f. Accept affidavits of intent to accept write-in candidacy up until close of
business on September 3,2004,and provide a list of valid affidavits received
and forward them to the County Clerk pursuant to §§ 1-4-1101 and 1102,
C.R.S.
g. Pay the sum of$.75 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 2, 2004,
election, with a $200 minimum, within 30 days of billing, regardless of
whether or not the election is actually held. In addition, Jurisdiction shall
also reimburse Clerk for payment of members of the Board of Canvassers,
eligible to be paid,the sum of$15 per day pursuant to § 1-10-201(4),C.R.S.,
when the Jurisdiction designates persons for the Board of Canvassers
pursuant to¶4(g)of this Agreement. If the Jurisdiction cancels the election
before its Section 20,Article X notices are due to the County and prior to the
County Clerk incurring any expenses for the printing of the ballots, the
Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall
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also be responsible for costs of recounts pursuant to § § 1-10.5-101, 1-10.5-
104, 1-10.5-110 or 1-11-215 C.R.S., except for costs collected from an
"interested party"pursuant to § 1-10.5-106 which shall be collected by the
entity conducting the recount.
h. Designate an"election officer" who shall act as the primary liaison between
the Jurisdiction and the County Clerk and who will have primary
responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder.
i. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
j. Mail notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the County or counties where the political subdivision is
located.
k. Carry out all actions necessary for cancellation of an election including notice
pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County
Clerk within 30 days of receipt of an invoice setting forth the costs of the
canceled election pursuant to § 1-5-208(5), C.R.S.
4. Duties of County Clerk
Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the
designated election official for the conduct of the election for the Jurisdiction
for all matters in the Code which require action by the designated election
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official and as coordinated election official.
b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to § 1-7-
905 and 906(1),C.R.S.,and publish and post notice,as directed in§ 1-5-205,
C.R.S. Publication by the County Clerk will only be in the County legal
newspaper and the Greeley Tribune and the designated election official is
responsible for any additional notices pursuant to¶ 3.g herein .
c. Provide a place for early voting and application for and issuance of absentee
ballots at 1402 North 17th Avenue, Greeley, Colorado, at the office of the
Weld County Clerk and Recorder from October 4-17, 2004, and 1104 "H"
Street,Greeley,Colorado,at the Weld County Training Center from October
18-29, 2004, also 4209 County Road 24 'h (DelCamino), Longmont ,
Colorado, at the substation of the Weld County Clerk and Recorder. Early
voting shall take place during the hours of 8:00 a.m. - 5:00 p.m., Monday-
Friday, starting October 18, 2004, and ending October 29, 2004.
d. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration, identify the
members of the Board of Canvassers eligible for receiving a fee, and bill the
Jurisdiction.
e. Designate a "contact" to act as a primary liaison or contact between the
Jurisdiction and the County Clerk.
f. The County Clerk shall appoint and train election judges and this power shall
be delegated by the Jurisdiction to the County Clerk, to the extent required
or allowed by law.
g. Select and Appoint a Board of Canvassers to canvass the votes;provided that
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the Jurisdiction, at its option, may designate one of its members and one
eligible elector from the jurisdiction to assist the County Clerk in the survey
of the returns for that jurisdiction. If the Jurisdiction desires to appoint one
of its members and an eligible elector to assist, it shall make those
appointments, and shall notify the County Clerk in writing of those
appointments not later than 15 days prior to the election. The County Clerk
shall receive and canvass all votes,and shall certify the results in the time and
manner provided and required by the Code. All recounts required by the
Code shall be conducted by the County Clerk in the time and manner required
by the Code.
h. Establish combined precincts and polling places-and voting centers pusuant
to C.R.S. § 1-5-102.7 subject to the separate express approval by the Board
of County Commissioners.
5. General Provisions
a. Time is of the essence to this Agreement. The statutory time frames of the
Code shall apply to completion of the tasks required by this Agreement.
b. Conflict of Agreement with law
This Agreement shall be interpreted to consistent with the Code, and
provisions of Title 31 and 22 applicable to the conduct of elections and 8
C.C.R. 1505-1. Should there be an irreconcilable conflict between the
statutes,this agreement and the Colorado Regulations,the statutes shall first
prevail, then this agreement and lastly the Colorado Regulations.
c. Liquidated damages provision
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In the event that a Court of competent jurisdiction finds that the election for
the Jurisdiction was void or otherwise fatally defective as a result of the sole
negligence or failure of the County Clerk to perform in accordance with this
Agreement or laws applicable thereto, then the County Clerk shall, as
liquidated damages,not as a penalty,refund all payments made,pursuant to
¶3.h of this Agreement and shall,if requested by the Jurisdiction,conduct the
next coordinated election which may include any election made necessary by
a defect in the election conducted pursuant to this Agreement with no fee
assessed to the Jurisdiction. This remedy shall be the sole and exclusive
remedy for damages available to the Jurisdiction under this Agreement.
d. No portion of this Agreement shall be deemed to create a cause of action with
respect to anyone not a party to this Agreement, nor is this Agreement
intended to waive any privileges or immunities the parties, their officers, or
employees may possess, except as expressly provided in this Agreement.
e. This constitutes the entire agreement of the parties and no amendment may
be made except in writing approved by the parties.
f. Notice shall be given by Jurisdiction to the Clerk at phone:
(970)304-6525, Extension 3178, fax number: (970) 353-1964,
E-mail:<rsantos@co.weld.co.us>,
address: P.O. Box 459, Greeley, CO 80632;
and the Jurisdiction notice shall be given to the Jurisdiction at:
phone: 970-330 -415 VO , fax: 970 e330-YSV4
e-mail: tee 4i jcrno. ton and p
address: 64451 /6 rcWC4 3109 C.J�sf 2$`Y 54J ,
6reeCt.k, Ci/° Vb3�f
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DATED this day o€C , 2004
WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
William H. Jerke, Pro-Tem 09/13/04
Steve Moreno, Clerk and Recorder
APPROVED AS TO FORM: �� 'vEST: �"�" 1
`
tt, ''4 • " s.to the Board of County Commissioners
r
C ty Atto Deputy Clerk to the Board
(Jurisdiction)
(Title) O2, :Dr e Grcle --(-
APPROVED AS TO FORM
ATTEST: (MILE
(Title)
Attorney for Jurisdiction
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