HomeMy WebLinkAbout930912.tiff Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
St. Vrain Valley School District RE-1J , hereinafter referred to
as "Jurisdiction" , does hereby agree and contract with the Board of
County Commissioners of the County of Weld, hereinafter the
"Commissioners" and the Weld County Clerk and Recorder, hereinafter
referred to as "County Clerk" concerning the administration of the
November 2, 1993 coordinated mail ballot election conducted
pursuant to the Uniform Election Code of 1992 as amended by HB 93-
1255 and SB 93-135, (hereinafter "Code" ) , and the rules and
regulations promulgated thereunder, 8 C.C.R. 1505-1 . This
Agreement is not intended to address or modify statutory provisions
regarding voter registration.
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 on November 2, 1993 , and
WHEREAS, the County Clerk has chosen to conduct the
November 2, 1993 election by mail, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated mail
ballot election coordinated by the County Clerk, and
WHEREAS, the County Clerk as the "coordinated election
official" pursuant to 8 C.C.R. 1505-1 §§ 5 . 1 .4 and 5.2 . 1 has agreed
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 §§ 1-7-
116, 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 :
1 . The Jurisdiction encompasses territory within Weld and
Larimer and Boulder County. This Agreement
shall be construed to apply only to that portion of the
Jurisdiction within Weld County.
2 . Term of Agreement
a. This Agreement is intended only to deal with the
conduct of the November 2, 1993 election.
3 . The Jurisdiction agrees to perform the following tasks
and activities :
a. Receive initiated petitions for local ballot issues
where authorized by law, pursuant to § 1-40-109 (2) ,
C.R.S.
930912
b. Check signatures on initiated petitions and
determine and issue, where appropriate, a statement
of sufficiency, pursuant to S 1-40-118( 1) , C.R.S.
c. Defend against protests filed with the District
Court, pursuant to S 1-40-118, C.R.S.
d. Issue call for nominations for non-partisan
elections, where applicable, pursuant to S 1-5-204,
C.R.S. , and 8 C.C.R. 1505-1 S 5 .5 . 1 .
e. Issue approval, where appropriate, of nominating
petitions, pursuant to S 1-4-903, C.R.S.
f. Receive candidate acceptance of nominations in
writing, pursuant to S 1-4-906, C.R.S.
g. Accept for filing notice of intention, petitions
for nomination, and affidavit of circulator,
pursuant to SS 1-4-804 ( 1) , 1-4-907, and 22-31-107 ,.
C.R.S.
h. Verify signatures on nominating petitions and hear
any protests of the nominating petitions within
five days after the petitions are filed, pursuant
to SS 1-4-501 ( 1) , 1-4-908( 1) ( 3) , and 1-4-909,
C.R.S.
i . Establish order of names and questions for
Jurisdiction' s portion of the ballot, pursuant to
SS 1-5-406 and 1-5-407, C.R.S. , and 8 C.C.R. 1505-1
SS 5 .4 .2 and 5.4 . 3.
j . Certify ballot content, including a list of
candidates, ballot title, and text, to County Clerk
at least 55 days prior to election, pursuant to S
1-1-110(3) and 8 C.C.R. 1505-1 SS 5 .4 . 1 and 5 .4 .2 .
k. Prepare for publication and timely provide to the
County Clerk text of notices or calls of election
of candidates or of measures and advise County
Clerk of number and place of any publication
required, if any, pursuant to 8 C.C.R. 1505-1 S 5.5
and the Jurisdiction's requirements .
1 . Accept written comments for and against ballot
issues pursuant to C.R. S . S 1-40-125(2 ) (e) and
8 C.C.R. 1505-1 S 5 .4 .4 .2 and provide a copy of
comments filed in support with respect to Article
X, Section 20 of the Colorado Constitution ballot
issues to the proponents pursuant to 8 C.C.R. 1505-
1 S 5 .4 . 4 . 3, no later than the Friday prior to the
30 days prior to the election. Accept summaries of
comments filed in support at least 28 days prior to
the election by 3 p.m. from the proponents pursuant
to B C.C.R. 1505-1 S 5 . 4 .4 .5 . Prepare a summary of
330912
comments in opposition and submit both summaries to
the County Clerk by close of business 25 days prior
to the election, pursuant to 8 C.C.R. 1505-1 SS
5 .4 .4 . 6 and 5 .4 .4 . 7 and S 1-7-116 (4 ) .
m. Accept affidavits of intent to be write-in
candidate up to 26 days prior to the election and
provide a list of valid affidavits received to the
County Clerk pursuant to C.R. S. S 1-4-1102 .
n. Prepare Article X, Section 20, Colorado Constitu-
tion notices and submit them to the County Clerk at
least 25 days prior to the election. Prepare
text, identify number and place for publication of
measures and/or notice of election, if required,
and advise County Clerk pursuant to C.R.S. § 1-40-
124 and 8 C.C.R. 1505-1 S 5 . 6 . 1.
o. Pay the sum of $ .25 per registered elector eligible
to vote in the Jurisdiction' s election as of the
final date of registration prior to the November 2,
1993 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 S
5 .4 .2 .2, within 30 days of billing, regardless of
whether or not the election is actually held.
p. 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.
r. Approval of this Agreement shall constitute
approval of the mail ballot plan attached as
Exhibit "A" .
s . By approval of this Agreement, any municipality is
resolving not to use the provisions of the
Municipal Election Code.
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 official
and as coordinated election official pursuant to
8 C.C.R. 1505-1 § 5 . 2 .
•
b. Obtain approval of the mail ballot plan Exhibit "A"
from the Secretary of State including all
930912
participating Jurisdictions, pursuant to 8 C.C.R.
1505-1 § 10 . 1 . 4 .
c. Circulate Article X, Section 20 of the Colorado
Constitution notice as needed by insertion in the
mail ballot pursuant to $ 1-40-125(2) , C.R.S. and 8
C.C.R. 1505-1 § 5 . 6 . 1 . 1 . and arrange for publica-
tion as directed by the Jurisdiction, pursuant to
paragraph 3(1) and (n) of this Agreement.
d. Mail ballot packets pursuant to S 1-7 .5-107 ( 3) (a)
and 8 C.C.R. 1505-1 § 10 . 7 between 25 and 15 days
prior to the date of election and provide replace-
ment ballots, pursuant to § 1-7 .5-107(c) and (d) ,
C.R.S. , and 8 C.C.R. 1505-1 §§ 10. 10 . 1(b) , 10. 11,
and 10. 13, as appropriate.
e. Provide absentee ballots, pursuant to § 1-7 .5-108,
C.R.S. , and 8 C.C.R. 1505-1 §$ 10.8 and 11, as
appropriate.
f. Give notice to Jurisdiction of the number of
registered electors within the Jurisdiction as of
the effective date of cutoff for registration and
bill Jurisdiction at the rate of $ .25 per
registered elector, with a $200 minimum, for the
services pursuant to this Agreement.
g. Designate a "contact" to act as a primary liaison
or contact between the Jurisdiction and the County
Clerk.
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
In the event that any provision in this Agreement
conflicts with the Code or any other statute or
valid prior resolution duly adopted by the
Jurisdiction, this Agreement shall be modified to
conform to such law or resolution, but no
subsequent resolution of the Jurisdiction nor of
the County shall impair the rights of the County
Clerk or the Jurisdiction hereunder without the
consent of the other party to this Agreement.
c. Liquidated damages provision
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
O"lnna sm
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 paragraph 3-O
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: 353-3840, Extension 3100, fax number:
353-1964 , address : P.O. Box 459, Greeley, CO
80632; and the Jurisdiction notice shall be given
to the Jurisdiction at phone: 776-6200, Ext. 203
fax: 682-7343 , address :
395 South Pratt Parkway, Longmont, CO 80501
DATED this I' day of Se p-fe ether- 1993.
WELD COUNTY CLERK & RECORDER BOARD. OF COUNTY COMMISSIONERS
OF
THE COUNTY OF WELD
Qt. QA,t,,t LA,4t�
Mayan Feue stein Constance L. Harbert, Chairman
APPROVED AS TO FORM: ATTEST: Li D /(/�h
41.4
Clerk to the Board of County
Commissioners /"
Cou ey ueputy /
Cler to Board
930912
eC;J CQ - 5/y St. Vrain Valley School District RE-1J
Dale McCall, President Date Jurisdiction
Board of Education
1 ATTEST:
( -
79 i:,-)
Attorn for Jurisdiction ��
electione.gjb
930912
Memorandum of intergovernmental Agreement
for Conduct of Coordinated Elections
Weld County School District RE-2 " , "hereinafter referred to
ae "Jurisdiction", does hereby agree and contract with the Board of
County Commissioners of the County of Weld, hereinafter the
"Commissioners" and the Weld County Clark and Recorder, hereinafter
referred to as "County Clerk" concerning the administration of the
November 2, 1993 coordinated mail bai"ltt. 'election conducted
pursuant to the Uniform Election Code or 1992 as amended by un 93-
1255 and se 93-133, (hereinafter "code") , and the rules and
regulations promulgated thereunder, 8 C.C.R. 1505-1. This
Agreement is not intended to address or modify statutory provisions
regarding voter registration.
WHEREAS, the Jurisdiction desire■ to. conduct an election
pursuant to its statutory authority or to have certain items placed
on the ballot at an election pursuant to it■ statutory authority,
such election to occur on November 2, 1993, and
WHEREAS, the County Clerk has chosen to conduct the
November 2, 1993 election by mail, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated mail
ballot election coordinated by the County Clerk, and
WHEREAS, the County Clerk as the "coordinated election
official" pursuant to 8 C.C.R. 1505-18S 5. 1.4 and 5.2. 1 has agreed
t0 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 SS 1-7-
116, 22-31-103, and 29-1-203, et seq. , C.R.B.
NOW, THEREFORE, in consideration of the mutual covenants
herein, the parties agree as follows:
1. The Jurisdiction encompasses territory within Weld and
n a county. This Agreement
shall be construed to apply only to that portion of the
Jurisdiction within Weld County.
2 . Term of Agreement
a. This Agreement is intended only to deal with the
conduct of the November 2, 1993 election.
3. The Jurisdiction agrees to perform the following tasks
and activities;
1
i
a. Receive initiated petitions for local ballot issues
where authorized by law, pursuant to S 1-40-109(2) ,
C.R.S.
b. Check signatures on initiated determine and petitions
issue, where appropriate, a statement
of sufficiency, pursuant to $ 1-10-118(1) , C.R.S.
c. Court, pursua t protests
1-40-118, with C.R.S. the District
d. Issue call for nominations for non-partisan
elections, where applicable, pursuant to $ 1-5-204,
C.R.S. , and 8 C.C.R. 1505-1 S 5.5.1.
e, Provide approved candidate nominating petitions,
pursuant to S 1-4-903 C.R.S. together with
instructions to petition circulators.
f. Receive candidate 1-4-906, C.R.C.minations in
writing, pursuant to g
g. Accept for filing notice of intention, petitions
for nominatio1-4-804(1) ,ff ld 4 907 avit of circulator,
pursuant to SS
C.R.S.
h. verify signatures on nominating ndihear
any. protests of the nominating petitions h
•`' in
five days after the petitions are fiend, pursuant
rsn,
to SS 1-4-501(1) , 1-4-908(1) (3) ,
C.R.S.
L. tetablish order of names and questions for
Jurisdiction's portion of the ballot, pursuant to
SS 1-5-406 and 1-5-401, C.R.B. , and B C.C.R. 1505-1
SS 5.4.2 and 5.4.3.
j . Certify ballot content, including a list of
candidates, ballot title, and text, to County Clerk
at least 55 delve prior to election, pursuant to S
1-1-110(3) and 8 C.C.R. 1505-1 SS 5.4.1 and 5.4.2.
k. Prepare for publication and timely provide to the
County Clerk text of notices or calls of election
of candidates or of measures and advise
Coty
Clerk of number and place of any publication
required, if any, pursuant to B C.C.R. 1505-1 S 5.5
and the Jurisdiction's requirements.
1. Accept written
rs comments
and
1gainst ballot
issuesand
pursuant to C.R.S.CR.S. S 14025(2) (e)
• 8 C.C.R. 1505-1 S 5.4.4.2 and provide a o �ticle
of
comments filed in support with respect
2
930912
• the County Clerk in the survey of the returns for
that jurisdiction. If the jurisdiction desires to
appoint one of its members end 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 the
Cede. A11 recounts required by the Code shall be
conducted by the County Clerk in the time and
manner required by the Code.
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
In the event that any provision in this Agreement
conflicts with the Code or any other statute or
valid prior resolution duly adopted by the
Jurisdiction, thiAgreement shall be modified to
'Conform to such" law or resolution, but no
Ytiubsequsnt resolution of the Jurisdiction nor of
':=the County shall impair the rights of the County
Clerk or the Jurisdiction hereunder without the
consent of the other party to this Agreement.
C. Liquidated Damages Provision
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 paragraph 3-0
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.
A 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
5
9300912
•
parties, their officers, or employees may possess,
except as expressly provided in this Agreement.
e. This constitutes the entire agreement of the
wwrritinq appries and oved by o the partit es be made except in
f. Notice shall be given by Jurisdiction to the Clerk
at phone: 333-3840. Extension 3100, tax number:
333-1964, address: P.O. Box 459, Greeley. Co
80639) and the Jurisdiction notice shall be given
to the Jurisdiction at phone: (303) 454-3402 '
fax: (303) 454-2519 , address;
36 Cottonwood Avenue, P 0 Box B, Eaton, Colorado 80615 .
•
g. General Conduct of the Election
•
Except as expressly set forth in this Agreement,
. the jurisdiction and the County Clerk shall each
perform their respective duties for the conduct of
the election as set forth and required by the Code
and ether applicable laws and regulations. The
; jurisdiction and :the County Clerk intend to work
_.• together cooperatively for the conduct of the
:', .election. In the event any uncertainties- or
disputes arise relating to the conduct of this
°`election, the Designated Election Official from the
School District and the county Clerk Official shall
meet and. attempt to informally resolve the
uncertainty or dispute. It is the general intent
of the parties that the County Clerk shall conduct
the election and the jurisdiction shall supply the
County with all information needed by the County
Clerk for that part of the Coordinated Election
related to the jurisdiction.
930912
DATED this 27 day of August , 1993.
WSW COUNTY CLERK F RECORDER BOARD OF COUNTY COOCISSIONERS
OF THE COUNTY OF WELD
Mas`¢ 34J flan
9eus in Constance L. Harrbe , Chaii7Asa
APPRDVED AS TO FORK: ATTEST: ._q„I,1 s
ecuedn
Clerk to the Board of County
' Commissioners
Court orney putt' erk o the r�
Weld County School District RE-2
Jurisdiction
ATTEST:;
Attorney for Jurisdiction Superintendent
wotaaa.m
7
930912
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
WELD COUNTY SCHOOL DISTRICT RE-3(J),hereafter referred to as "Jurisdiction", does
hereby agree and contract with the Board of County Commissioners of the County of Weld,
hereinafter the "Commissioners" and the Weld County Clerk and Recorder, hereinafter referred to
as "County Clerk" concerning the administration of the November 2, 1993 coordinated mail ballot
election conducted pursuant to the Uniform Election Code of 1992 as amended by HB 93-1255
and SB 93-135, (hereinafter"Code"), and the rules and regulations promulgated thereunder, 8
C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions
regarding voter registration.
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 on November 2, 1993, and
WHEREAS, the County Clerk has chosen to conduct the November 2, 1993 election by mail, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated mall ballot election coordinated by the
County Clerk, and
WHEREAS, the County Clerk as the "coordinated election official"pursuant to 8 C.C.R. 1505-
1§§ 5.1.4 and 5.2.1 has agreed to perform certain election services in consideration of per-
formance by the Jurisdiction of the obligations herein below set forth, and
WHEREAS, such agreements are authorized by statute at§§ 1-7-116, 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:
1. The Jurisdiction encompasses territory within Weld and Adams County. This
Agreement shall be construed to apply only to that portion of the Jurisdiction within
Weld County.
2. Term of Agreement
a. This Agreement is intended only to deal with the conduct of the November 2, 1993
election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Receive initiated petitions for local ballot issues where authorized by law,pursuant
to § 1-40-109 (2), C.R.S.
b. Check signatures on initiated petitions and determine and issue, where appropriate,
a statement of sufficiency, pursuant to § 1-40-118(1), C.R.S.
c. Defend protests filed with the District Court, pursuant to § 1-40-118, C.R.S.
d. Issue call for nominations for non-partisan elections, where applicable,pursuant to
§ 1-5-204, C.R.S., and 8 C.C.R. 1505-1 § 5.5.1.
1
C,eoo io C?-4n 9i L
e. Provide approved candidate nominating petitions,pursuant to 1-4-903 C.R.S.
together with instructions to petition circulators.
f. Receive candidate acceptance of nominations in writing,pursuant to 1-4-906
C.R.S. together with instructions to petition circulators.
g. Accept for filing notice of intention petitions for nomination, and affidavit of
circulator, pursuant to §§ 1-4-804 (1), 1-4-907, and 22-31-107, C.R.S.
h. Verify signatures on nominating petitions and hear any protests of the nominating
petitions within five days after the petitions are filed,pursuant, to §§ 1-4-501 (1),
1-4-908 (1)(3), and 1-4-909,C.R.S.
i. Establish order of names and questions for Jurisdiction's portion of the ballot,
pursuant to §§ 1-5-406 and 1-5-407, C.R.S., and 8 C.C.R. 1505-1 §§ 5.4.2. and
5.4.3.
j. Certify ballot content, including a list of candidates, ballot title, and text, to County
Clerk at least 55 days prior to election,pursuant to § 1-1-110 (3) and 8 C.C.R.
1505-1 §§ 5.4.1 and 5.4.2.
k. Prepare for publication and timely provide to the County Clerk text of notices or
calls of election of candidates or of measures and advise County Clerk of number
and place of any publication required, if any, pursuant to 8 C.C.R. 1505-1 § 5.5
and the Jurisdiction's requirements.
1. Accept written comments for and against ballot issues pursuant to C.R.S. § 1-40-
125 (2)(e) and 8 C.C.R. 1505-1 § 5.4.4.2 and provide a copy of comments filed in
support with respect to Article X, Section 20 of the Colorado Constitution ballot
issues to the proponents pursuant to 8 C.C.R. 1505-1 §5.4.4.3, no later than the
Friday prior to the 30 days prior to the election. Accept summaries of comments
filed in support at least 28 days prior to the election by 3 p.m. from the proponents
pursuant to 8 C.C.R, 1505-1 § 5.4.4.5. Prepare a summary of comments in
opposition and submit both summaries to the County Clerk by close of business 25
days prior to the election pursuant, to 8 C.C.R. 1505-1 §§5.4.4.6 and 5.4.4.7 and
§ 1-7-116(4).
m. Accept affidavits of intent to be write-in candidate up to 26 days prior to the election
and provide a list of valid affidavits received to the County Clerk pursuant to
C.R.S. § 1-4-1102.
n. Prepare Article X, Section 20, Colorado Constitution notices and submit them to
the County Clerk at least 25 days prior to the election. Prepare text, identify
number and place for publication of measures and/or notice of election if required,
and advise County Clerk pursuant to C.R.S. § 1-40-124 and 8 C.C.R. 1505-1
§ 5.6.1.
o. Pay the sum of$.25 per registered elector eligible to vote in the Jurisdiction's
election as of the final date of registration prior to the November 2, 1993 election,
with a $200 minimum, plus any additional costs pursuant to 8 C.C.R. 1505-1 §
5.4.2.2, within 30 days of billing,regardless of whether or not the election is
actually held.
p. 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.
2
4-`212O4 2
r. Approval of this Agreement shall constitute approval of the mail ballot plan attached
as Exhibit "A".
s. By approval of this Agreement, any municipality is resolving not to use the
provisions of the Municipal Election Code.
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 official and as
coordinated election official pursuant to 8 C.C.R. 1501-1 § 5.2.
b. Obtain approval of the mail ballot plan Exhibit "A" from the Secretary of State
including all participating Jurisdictions, pursuant to 8 C.C.R. 1501-1 § 10.1.4.
c. Circulate Article X, Section 20 of the Colorado Constitution notice as needed by
insertion in the mail ballot pursuant to § 1-40-125(2), C.R.S. and 8 C.C.R. 1501-1
§ 5.6.1.1. and arrange for publication as directed by the Jurisdiction,pursuant to
paragraph 3(1) and (n) of this Agreement.
d. Mail ballot packets pursuant to § 1-7.5-107 (3) (a), and 8 C.C.R. 1505-1 § 10.7
between 25 and 15 days prior to the date of election and provide replacement
ballots, pursuant to § 1-7.5-107(c) an (d), C.R.S., and 8 C.C.R. 1505-1 §§
10.10.1 (b), 10.11, and 10.13 as appropriate.
e. Provide absentee ballots, pursuant to § 1-7.5-108, C.R.S., and 8 C.C.R. 1505-1
§§ 10.8 and 11, as appropriate.
f. Give notice to Jurisdiction of the number of registered electors within the
Jurisdiction as of the effective date of cutoff for registration and bill Jurisdiction at
the rate of$.25 per registered elector, with a$200 minimum,for the services
pursuant to this Agreement.
g. Designate a"contact" to act as a primary liaison or contact between the Jurisdiction
and County Clerk.
h. Appoint and train election judges; to the extend required or allowed by law,the
jurisdiction delegates that right and authority to the Clerk.
i. Designate the Weld County Clerk and Recorder's Office, 1402 North 17th Avenue,
Greeley, Colorado 80631, as the single site for absentee voting, mail ballot return
and replacement ballot application and return.
j. Select and Appoint a Board of Canvassers to canvass the votes; provided that 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.
3
930912
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
In the event that any provision in this Agreement conflicts with the Code or any
other statute or valid prior resolution duly adopted by the Jurisdiction, this
Agreement shall be modified to conform to such law or resolution, but no
subsequent resolution of the Jurisdiction nor of the County shall impair the rights of
the County Clerk or the Jurisdiction hereunder without the consent of the other
party to this Agreement.
c. Liquidated Damages Provision
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 paragraph 3-0 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: 353-3840, Extension
ILQQ, fax number 353-1964, address: PO Box 459,Greeley, CO 80632; and the
Jurisdiction notice shall be given to the Jurisdiction at phone 732-4844; fax: 659-
3, address: PO Box 269. Keenesburg, CO 80643.
g. General Conduct of the Election
Except as expressly set forth in this Agreement, the jurisdiction and the County
Clerk shall each perform their respective duties for the conduct of the election as set
forth and required by the Code and other applicable laws and regulations. The
jurisdiction and the County Clerk intend to work together cooperatively for the
conduct of the election. In the event any uncertainties or disputes arise relating to
the conduct of this election, the Designated Election Official from the School
District and the County Clerk Official shall meet and attempt to informally resolve
the uncertainty or dispute. It is the general intent of the parties that the County
Clerk shall conduct the election and the jurisdiction shall supply the County with all
information needed by the County Clerk for that part of the Coordinated Election
related to the jurisdiction.
4
a')flna.s
DATED THIS 27TH DAY OF AUGUST , 1993.
WELD COUNTY CLERK&RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
n _
M A i i Feuerstein Constance L. Harbert, Charan
APPROVED AS TO FORM: ATTEST: •aah
Clerk to the Board of County
Commissioners
�^ y
County ttomey Deputy Clerk to the Board ____--
L
Jun chon Board of Education President
A rlEST:
•
Weld Re-3(J) Superintendent
5
930912
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
WELD COUNTY SCHOOL DISTRICT RE-5J , hereinafter referred to
as "Jurisdiction" , does hereby agree and contract with the Board of
County Commissioners of the County of Weld, hereinafter the
"Commissioners" and the Weld County Clerk and Recorder, hereinafter
referred to as "County Clerk" concerning the administration of the
November 2 , 1993 coordinated mail ballot election conducted
pursuant to the Uniform Election Code of 1992 as amended by HB 93-
1255 and SB 93-135, (hereinafter "Code" ) , and the rules and
regulations promulgated thereunder, 8 C .C.R. 1505-1 . This
Agreement is not intended to address or modify statutory provisions
regarding voter registration.
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 on November 2 , 1993 , and
WHEREAS, the County Clerk has chosen to conduct the
November 2 , 1993 election by mail, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated mail
ballot election coordinated by the County Clerk, and
WHEREAS, the County Clerk as the "coordinated election
official" pursuant to 8 C.C.R. 1505-1 §S 5 . 1 . 4 and 5 . 2 . 1 has agreed
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 SS 1-7-
116 , 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 :
1 . The Jurisdiction encompasses territory within Weld and
Larimer County. This Agreement
shall be construed to apply only to that portion of the
Jurisdiction within Weld County.
2 . Term of Agreement
a. This Agreement is intended only to deal with the
conduct of the November 2, 1993 election.
3 . The Jurisdiction agrees to perform the following tasks
and activities :
a. Receive initiated petitions for local ballot issues
where authorized by law, pursuant to § 1-40-109 (2) ,
C.R.S.
1
a. Receive initiated petitions to S for local
ballot
1issues
where authorized by law, pursuant
) ,
C.R.S.
b. Check signatures on initiated petitions and
determine and issue, where appropriate, a statement
of sufficiency, pursuant to S 1-40-118( 1) , C.R.S.
c. Defend against protests filed with the District
Court, pursuant to S 1-40-118, C.R.S.
d. Issue call for nominations for non-partisan
elections, where applicable, pursuant to S 1-5-204,
C.R.S. , and 8 C.C.R. 1505-1 S 5.5. 1 .
e. Provide approved candidate nominating petitions,
pursuant to S 1-4-903 C.R.S. together with
instructions to petition circulators .
f. Receive candidate
acceptance4906, of
nominations in
writing, pursuant to S
g. Accept for filing notice of intention, petitions
for nomination, and affidavit of circulator,
pursuant to SS 1-4-804( 1) , 1-4-907, and 22-31-107,
C.R.S.
h. Verify signatures on nominating petitions and hear
any protests of the nominating petitions within
five days after the petitions are filed, pursuant
to SS 1-4-501( 1) , 1-4-908( 1) (3) , and 1-4-909,
C.R.S.
i. Establish order of names and questions for
Jurisdiction' s portion of the ballot, pursuant to
SS 1-5-406 and 1-5-407, C.R.S. , and 8 C.C.R. 1505-1
SS 5 .4 .2 and 5.4 . 3.
j . Certify ballot content, including a list of
candidates, ballot title, and text, to County Cler
k
at least 55 days prior to election, pursuant to S
1-1-110(3) and 8 C.C.R. 1505-1 SS 5.4 . 1 and 5.4 .2.
k. Prepare for publication and timely provide to the
County Clerk text of notices or calls of election
of candidates or of measures and advise County
Clerk of number and place of any publication
required, if any, pursuant to 8 C.C.R. 1505-1 S 5.5
and the Jurisdiction's requirements .
1. Accept written comments for and against ballot
issues pursuant to C.R.S. S 1-40-125(2) (e) and
8 C.C.R. 1505-1 S 5.4 .4 .2 and provide a copy of
comments filed in support with respect to Article
2
930912
X, section 20 of the Colorado constitution ballot
issues to the proponents pursuant to 8 C.C.R. 1505-
1 5 5.4 .4 .3, no later than the Friday prior to the
30 days prior to the election. Accept summaries of
comments filed in support at least 28 days prior to
the election by 3 p.m. from the proponents pursuant
to 8 C.C.R. 1505-1 S 5.4 .4 .5. Prepare a summary of
comments in opposition and submit both summaries to
the County Clerk by close of
business
8 es. 1 SS
days
prior
to the election, pursuant
5.4 .4 .6 and 5.4 .4.7 and S 1-7-116(4) .
m. Accept affidavits of intent to be write-in
candidate up to 26 days prior to the election and
provide a list of valid affidavits received to the
County Clerk pursuant to C.R.S . S 1-4-1102 .
n. Prepare Article X, Section 20, Colorado Constitu-
tion notices and submit them to the County Clerk at
least 25 days prior to the election. Prepare
text, identify number and place for publication of
measures and/or notice of election, if required,
and advise County Clerk pursuant to C.R.S. S 1-40-
124 and B C.C.R. 1505-1 S 5.6 . 1.
o. Pay the sum of $ .25 per registered elector eligible
to vote in the Jurisdiction' s election as of the
final date of registration prior to the November
a e12,nimum,1993 election, with $200 mi e505-1 ny
additional costs pursuant C.C.R.C CR.
S
5 .4 .2 .2, within 30 days of billing, regardless of
whether or not the election is actually held.
p. 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.
r. pp this Agreement shall constitute
approval of the mail ballot plan attached as
Exhibit "A" .
s . By approval of this Agreement, any municipality is
resolving not to use the provisions of the
Municipal Election Code.
4 , Duties of County Clerk
Agrees to perform the following tasks and activities
a. Except as otherwise re
in this
Agreement, to act expressly
provided for
designated election
3
930912
official for the conduct of the election for the
Jurisdiction for all matters in the Code which
• require action by the designated election official
and as coordinated election official pursuant to
8 C.C.R. 1505-1 S 5.2.
b. Obtain approval of the mail ballot plan Exhibit "A"
from the Secretary of State including all
participating Jurisdictions, pursuant to 8 C.C.R.
1505-1 S 10. 1.4 .
c. Circulate Article %, Section 20 of the Colorado
Constitution notice as needed by insertion in the
mail ballot pursuant to S 1-40-125(2) , C.R.S. and 8
C.C.R. 1505-1 S 5.6.1. 1. and arrange for publica-
tion as directed by the Jurisdiction, pursuant to
paragraph 3(1) and (n) of this Agreement.
d. Mail ballot packets pursuant to S 1-7.5-107(3) (a)
and 8 C.C.R. 1505-1 $ 10.7 between 25 and 15 days
prior to the date of election and provide replace-
ment ballots, pursuant to S 1-7.5-107(c) and (d) ,
C.R.S. , and 8 C.C.R. 1505-1 SS 10.10. 1(b) , 10 . 11,
and 10. 13, as appropriate.
e. Provide absentee ballots, pursuant to $ 1-7.5-108,
C.A.S. , and 8 C.C.R. 1505-1 SS 10.8 and 11, as
appropriate.
f. Give notice to Jurisdiction of the number of
registered electors within the Jurisdiction as of
the effective date of cutoff for registration and
bill Jurisdiction at the rate of $.25 per
. registered elector, with a $200 minimum, for the
services pursuant to this Agreement.
g. Designate a "contact" to act as a primary liaison
or contact between the Jurisdiction and the County
Clerk.
h. Appoint and train election judges; to the extent
required or allowed by law, the jurisdiction
delegates that right and authority to the Clerk.
i. Designate the weld County Clerk and Recorder's
Office, 1402 North 17th Avenue, Greeley, Colorado
80631, as the single site for absentee voting, mail
ballot return and replacement ballot application
•
• and return.
j . Select and Appoint a Board of Canvassers to canvass
the votes; provided that the Jurisdiction, at its
option, may designate one of its members and one
eligible elector from the jurisdiction to assist
4
•
9311419
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.
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
In the event that any provision in this Agreement
conflicts with the Code or any other statute or
valid prior resolution duly adopted by the
Jurisdiction, this Agreement shall be modified to
conform to such law or resolution, but no
subsequent resolution of the Jurisdiction nor of
the County shall impair the rights of the County
Clerk or the Jurisdiction hereunder without the
consent of the other party to this Agreement .
c. Liquidated Damages Provision
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 paragraph 3-0
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
5
930912
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: 353-3840, Extension 3100, fax number:
353-1964, address: P.O. Box 459, Greeley, CO
80632; and the Jurisdiction notice shall be given
to the Jurisdiction at phone: 303-587-2336
fax: 303-587-2607 , address:
P.O. BOX G/3 N. Jay, Johnstown. CO 80S34
g. General Conduct of the Election
Except as expressly set forth in this Agreement,
the jurisdiction and the County Clerk shall each
perform their respective duties for the conduct of
the election as set forth and required by the Code
and other applicable laws and regulations . The
jurisdiction and the County Clerk intend to work
together cooperatively for the conduct of the
election. In the event any uncertainties or
disputes arise relating to the conduct of this
election, the Designated Election Official from the
School District and the County Clerk Official shall
meet and attempt to informally resolve the
uncertainty or dispute. It is the general intent
of the parties that the County Clerk shall conduct
the election and the jurisdiction shall supply the
County with all information needed by the County
Clerk for that part of the Coordinated Election
related to the jurisdiction.
(THE REMAINING PORTION OF THIS PAGE LEFT BLANK INTENTIONALLY)
6
930912
•
DATED this oS day of Aaij u S f , 1993.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
/lf �) �'! OF
THE COUNTY OF WELD - /
d�ll 1!n�.� lgriLw�nPL Ae(,Ln. S-ie2-7 de. -Ire--L-9 iii
Ma An%Feuerstein Constance L. Bar rt, Chairman
APPROVED AS TO FORM: ATTEST: ,i /0/ia
Clerk to the
Board of County
Commissioners
Co y Attorney putt' Cler to the Board, ,
-CC" X. 7' z-, ��1. 1D.
Jurisdiction
ATTE�S�T: O
Attorney for Jurisdiction
sl ctfin.mi
•
930912
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
tue At � , School D/c± (Of hereinafter referred to
as "Jurisdiction", doe/hereby agree and contract with the Board of
County Commissioners of the County of Weld, hereinafter the
"Commissioners" and the Weld County Clerk and Recorder, hereinafter
referred to as "County Clerk" concerning the administration of the
November 2, 1993 coordinated mail ballot election conducted
pursuant to the Uniform Election Code of 1992 as amended by HB 93-
1255 and SB 93-135, (hereinafter "Code" ) , and the rules and
regulations promulgated thereunder, 8 C.C.R. 1505-1 . This
Agreement is not intended to address or modify statutory provisions
regarding voter registration.
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 on November 2, 1993 , and
WHEREAS, the County Clerk has chosen to conduct the
November 2, 1993 election by mail, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated mail
ballot election coordinated by the County Clerk, and
WHEREAS, the County Clerk as the "coordinated election
official" pursuant to 8 C.C.R. 1505-1 SS 5 . 1.4 and 5.2 . 1 has agreed
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 SS 1-7-
116, 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 :
1 . The Jurisdiction encompasses territory within Weld and
County. This Agreement
shall be construed to apply only to that portion of the
Jurisdiction within Weld County.
2 . Term of Agreement
a. This Agreement is intended only to deal with the
conduct of the November 2, 1993 election.
3. The Jurisdiction agrees to perform the following tasks
and activities :
a. Receive initiated petitions for local ballot issues
where authorized by law, pursuant to S 1-40-109 (2 ) ,
C.R.S.
b. Check signatures on initiated petitions and
determine and issue, where appropriate, a statement
of sufficiency, pursuant to § 1-40-118( 1) , C.R.S.
c. Defend against protests filed with the District
Court, pursuant to § 1-40-118, C.R.S.
d. Issue call for nominations for non-partisan
elections, where applicable, pursuant to S 1-5-204,
C.R.S. , and 8 C.C.R. 1505-1 § 5.5. 1.
e. Issue approval, where appropriate, of nominating
petitions, pursuant to § 1-4-903, C.R.S.
f. Receive candidate acceptance of nominations in
writing, pursuant to § 1-4-906, C.R.S.
g. Accept for filing notice of intention, petitions
for nomination, and affidavit of circulator,
pursuant to §§ 1-4-804 ( 1) , 1-4-907, and 22-31-107,
C.R.S.
h. Verify signatures on nominating petitions anc�ll__$$ear
any protests of the nominating petitions"'Shin
five days after the petitions are filed, pursuant
to §§ 1-4-501( 1) , 1-4-908( 1) (3) , and 1-4-909,
C.R.S.
i . Establish order of names and questions for
Jurisdiction's portion of the ballot, pursuant to
§S 1-5-406 and 1-5-407, C.R.S. , and 8 C.C.R. 1505-1
§§ 5.4 .2 and 5. 4 . 3 .
j . Certify ballot content, including a list of
candidates, ballot title, and text, to County Clerk
at least 55 days prior to election, pursuant to §
1-1-110(3) and 8 C.C.R. 1505-1 §§ 5.4 . 1 and 5 .4 .2 .
k. Prepare for publication and timely provide to the
County Clerk text of notices or calls of election
of candidates or of measures and advise County
Clerk of number and place of any publication
required, if any, pursuant to 8 C.C.R. 1505-1 § 5. 5
and the Jurisdiction's requirements .
1 . Accept written comments for and against ballot
issues pursuant to C.R.S. § 1-40-125(2) (e) and
8 C.C.R. 1505-1 S 5 .4 .4 .2 and provide a copy of
comments filed in support with respect to Article
X, Section 20 of the Colorado Constitution ballot
issues to the proponents pursuant to 8 C.C.R. 1505-
1 § 5 .4 .4 . 3, no later than the Friday prior to the
30 days prior to the election. Accept summaries of
comments filed in support at least 28 days prior to
the election by 3 p.m. from the proponents pursuant
to 8 C.C.R. 1505-1 § 5.4 .4 .5 . Prepare a summary of
330912
comments in opposition and submit both summaries to
the County Clerk by close of business 25 days prior
to the election, pursuant to 8 C.C.R. 1505-1 SS
5 .4 .4 .6 and 5 .4 .4 .7 and S 1-7-116 (4 ) .
m. Accept affidavits of intent to be write-in
candidate up to 26 days prior to the election and
provide a list of valid affidavits received to the
County Clerk pursuant to C.R.S. S 1-4-1102 .
n. Prepare Article X, Section 20, Colorado Constitu-
tion notices and submit them to the County Clerk at
least 25 days prior to the election. Prepare
text, identify number and place for publication of
measures and/or notice of election, if required,
and advise County Clerk pursuant to C.R.S. S 1-40-
124 and 8 C.C.R. 1505-1 S 5.6 . 1.
o. Pay the sum of $ .25 per registered elector eligible
to vote in the Jurisdiction' s election as of the
final date of registration prior to the November 2,
1993 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 S
5 .4 .2 .2, within 30 days of billing, regardless of
whether or not the election is actually held.
p. 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.
r. Approval of this Agreement shall constitute
approval of the mail ballot plan attached as
Exhibit "A" .
s. By approval of this Agreement, any municipality is
resolving not to use the provisions of the
Municipal Election Code.
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 official
and as coordinated election official pursuant to
8 C.C.R. 1505-1 S 5 .2 .
b. Obtain approval of the mail ballot plan Exhibit "A"
from the Secretary of State including all
930912
participating Jurisdictions, pursuant to 8 C.C.R.
1505-1 S 10 . 1 .4 .
c. Circulate Article X, Section 20 of the Colorado
Constitution notice as needed by insertion in the
mail ballot pursuant .to S 1-40-125(2) , C.R.S. and 8
C.C.R. 1505-1 S 5.6 . 1 . 1. and arrange for publica-
tion as directed by the Jurisdiction, pursuant to
paragraph 3(1) and (n) of this Agreement.
d. Mail ballot packets pursuant to S 1-7 .5-107 (3) (a)
and 8 C.C.R. 1505-1 S 10 . 7 between 25 and 15 days
prior to the date of election and provide replace-
ment ballots, pursuant to S 1-7 .5-107 (c) and (d) ,
C.R.S. , and 8 C.C.R. 1505-1 SS 10. 10. 1(b) , 10. 11,
and 10 . 13, as appropriate.
e. Provide absentee ballots, pursuant to S 1-7 .5-108,
C.R.S. , and 8 C.C.R. 1505-1 SS 10 . 8 and 11, as
appropriate.
f. Give notice to Jurisdiction of the number of
registered electors within the Jurisdiction as of
the effective date of cutoff for registration and
bill Jurisdiction at the rate of $ .25 per
registered elector, with a $200 minimum, for the
services pursuant to this Agreement.
g. Designate a "contact" to act as a primary liaison
or contact between the Jurisdiction and the County
Clerk.
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
In the event that any provision in this Agreement
conflicts with the Code or any other statute or
valid prior resolution duly adopted by the
Jurisdiction, this Agreement shall be modified to
conform to such law or resolution, but no
subsequent resolution of the Jurisdiction nor of
the County shall impair the rights of the County
Clerk or the Jurisdiction hereunder without the
consent of the other party to this Agreement.
c. Liquidated damages provision
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
93099
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 paragraph 3-o
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: 353-3840, Extension 3100, fax number:
353-1964, address: P.O. Box 459, Greeley, CO
80632 ; and the Jurisdiction notice shall be given
to the Jurisdiction at phone: 352-1543, extension 164
fax: 353-2624 , address :
811 15th Street, Greeley, CO 80631 .
DATED this / day of J,c5p- W1 be -- , 1993.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
/f � OF THE COUNTY OF WELD Li) nC��,&4kAtt CQ�l ll.(i�[�
Many V Feuerstein Constance L. Harbert, Chairman
APPROVED AS TO FORM: ATTEST: /q'/�GZ
< 17 Clerk o the Board of County
Co issioners
Cou y At rney --Heputy Clerk t he Board
930912
Ju 1sdiction
ATTEST:
Attorney for Jurisdiction
Recording Se retary for Jurisdiction
elections.gjb
930912
WRITTEN PLAN
For the Conduct of Coordinated Mail Ballot Election
Submitted by: MARY ANN FEUERSTEIN
Election Administrator for: WELD COUNTY, COLORADO
1. Legal name of jurisdiction: WELD COUNTY, COLORADO
STATE INITIATIVE ELECTION; ALL SCHOOL DISTRICTS
2 . Type of jurisdiction: COUNTY GOVERNMENT - MUNICIPAL - SCHOOL DISTRICTS
SPECIAL DISTRICTS - JR. COLLEGE DISTRICT
3 . Description of election to be held:
X regular election
X special election on ballot issues
X School District Director
4 . Citation of statute authorizing election: 1-7 . 5-101 COLO ELECTION CODE
5. Estimated number of electors: 65, 000
6. Name of chief election administrator: MARY ANN FEUERSTEIN
7 . County Clerk and Recorder will :
only provide list of registered electors
X be responsible for the election
S. Number of places of deposit: 1
(If other than your office, list places and addresses on attached sheet.)
FOR EACH OF THE FOLLOWING, EXPLAIN WHAT YOU WILL DO:
9. If ballot packets are returned as undeliverable: Check in, maintain
ballots in file in secured, locked area in Election Dept.
10. Procedures/person(s) responsible for ensuring compliance with statutes and
rules: Regular sworn deputy clerks in Election Dent will issue. receive.
verify and account for all ballots.
11. Describe procedures to ensure ballot security:
Ballots will be kept locked in secured area prior to issue and upon
being voted and returned to Election Dept.
930912
For the Conduct of Coordinated Mail Ballot Election
Page 2
12 . Describe procedures for signature verification:
Return ballot envelopes will be verified against voter registration
including number of ballot mailed, date of return.
13 . Describe procedures to ensure secrecy of ballots:
Secrecy envelope will be provided with the official ballot mail out and
return envelope. At the time of processing for counting. the large stub
will be removed from the voted ballot before it is removed from the
secrecy envelope.
14 . Describe procedures to reconcile ballots (if other than recommended form) :
Recommended form will be used.
Date of Submission:
Election Administrator:
Signature:
Title: WELD COUNTY CLERK & RECORDER
******************************************************
BE SURE TO ENCLOSE YOUR WRITTEN TIMETABLE
******************************************************
FOR SECRETARY OF STATE OFFICE USE ONLY
Date Received Date Approved Date Rejected
Reviewed by:
930912
COORDINATED ELECTIONS
NOVEMBER 2, 1993
TIMETABLE
For the Conduct of Coordinated Elections
July 27 Written plan submitted to governing body.
Sept 3 Election approved by governing body. (S.D. - Comm)
Aug 18 Submission of written plan to Secretary of State. (75 days prior)
Sept 3 LAST DAY for approval by Secretary of State. (15 days)
Oct 8-18 Notice of election to electorate.
Oct 22 Notice given to County Clerk/Assessor.
Oct 1 List of electors submitted to election official. (30 days prior)
Oct 8 Absentee opens.
Oct 8 Notice of close of registration. (25 days prior)
Oct 8-18 Ballots mailed. (15-25 days prior)
Oct 13 Supplemental list of electors submitted. (20 days prior)
Oct 28 Verification of ballots begins. (5 days prior)
Nov 2 ELECTION DAY.
Nov 4 Canvass dates. (7 days)
Nov 9 Certificates of election issued. (7 days)
930912
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Weld County School District, RE-10J , hereinafter referred to
as "Jurisdiction" , does hereby agree and contract with the Board of
County Commissioners of the County of Weld, hereinafter the
"Commissioners" and the Weld County Clerk and Recorder, hereinafter
•
referred to as "County Clerk" concerning the administration of the
November 2, 1993 coordinated mail ballot election conducted
pursuant to the Uniform Election Code of 1992 as amended by HB 93-
1255 and SB 93-135, (hereinafter "Code" ) , and the rules and
regulations promulgated thereunder, . 8 C.C.R. 1505-1. This
Agreement is not intended to address or modify statutory provisions
regarding voter registration.
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 on November 2, 1993 , and
WHEREAS, the County Clerk has chosen to conduct the
November 2, 1993 election by mail, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated mail
ballot election coordinated by the County Clerk, and
WHEREAS, the County Clerk as the "coordinated election
official" pursuant to 8 C.C.R. 1505-1 SS 5. 1.4 and 5 .2 . 1 has agreed
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 SS 1-7-
116 , 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 :
1 . The Jurisdiction encompasses territory within Weld and
Morgan County. This Agreement
shall be construed to apply only to that portion of the
Jurisdiction within Weld County.
2 . Term of Agreement
a. This Agreement is intended only to deal with the
conduct of the November 2, 1993 election.
3 . The Jurisdiction agrees to perform the following tasks
and activities :
a. Receive initiated petitions for local ballot issues
where authorized by law, pursuant to S 1-40-109 (2) ,
C.R.S .
(1 conic -
b. Check signatures on initiated petitions and
determine and issue, where appropriate, a statement
of sufficiency, pursuant to S 1-40-118( 1) , C.R.S.
c. Defend against protests filed with the District
Court, pursuant to S 1-40-118, C.R.S.
d. Issue call for nominations for non-partisan
elections, where applicable, pursuant to § 1-5-204,
C.R.S. , and 8 C.C.R. 1505-1 § 5 .5. 1.
e. Issue approval, where appropriate, of nominating
petitions, pursuant to § 1-4-903, C.R.S.
f. Receive candidate acceptance of nominations in
writing, pursuant to § 1-4-906, C.R.S.
g. Accept for filing notice of intention, petitions
for nomination, and affidavit of circulator,
pursuant to SS 1-4-804 ( 1) , 1-4-907, and 22-31-107,
C.R.S.
h. Verify signatures on nominating petitions and hear
any protests of the nominating petitions within
five days after the petitions are filed, pursuant
to §§ 1-4-501( 1) , 1-4-908( 1 ) ( 3) , and 1-4-909,
C.R.S.
i . Establish order of names and questions for
Jurisdiction's portion of the ballot, pursuant to
SS 1-5-406 and 1-5-407, C.R.S. , and 8 C.C.R. 1505-1
SS 5 .4 .2 and 5 .4 . 3 .
j . Certify ballot content, including a list of
candidates, ballot title, and text, to County Clerk
at least 55 days prior to election, pursuant to S
1-1-110( 3) and 8 C.C.R. 1505-1 SS 5 .4 . 1 and 5 .4 .2 .
k. Prepare for publication and timely provide to the
County Clerk text of notices or calls of election
of candidates or of measures and advise County
Clerk of number and place of any publication
required, if any, pursuant to 8 C.C.R. 1505-1 S 5. 5
and the Jurisdiction's requirements .
1 . Accept written comments for and against ballot
issues pursuant to C.R.S. § 1-40-125(2) (e) and
8 C.C.R. 1505-1 § 5 .4 .4 .2 and provide a copy of
comments filed in support with respect to Article
X, Section 20 of the Colorado Constitution ballot
issues to the proponents pursuant to 8 C.C.R. 1505-
1 § 5.4 .4 . 3, no later than the Friday prior to the
30 days prior to the election. Accept summaries of
comments filed in support at least 28 days prior to
the election by 3 p.m. from the proponents pursuant
to 8 C.C.R. 1505-1 § 5. 4 .4 . 5 . Prepare a summary of
Q'411Qi�
comments in opposition and submit both summaries to
the County Clerk by close
8 C.C.R. 1505-1 or of
business
ns25 days
prior
to the election, pursuant
5 .4 .4 .6 and 5.4 .4 .7 and S 1-7-116(4 ) .
m. Accept affidavits of intent to be write-in
candidate up to 26 days prior to the election and
provide a list of valid affidavits received to the
County Clerk pursuant to C.R.S. S 1-4-1102 .
n. Prepare Article X, Section 20, Colorado Constitu-
tion notices and submit them to the County Clerk at
least 25 days prior to the election. Prepare
text, identify number and place for publication of
measures and/or notice of election, if required,
and advise County Clerk pursuant to C.R.S. S 1-40-
124 and 8 C.C.R. 1505-1 S 5 .6 . 1.
o. Pay the sum of $.25 per registered elector eligible
to vote in the Jurisdiction' s election as of the
final date of registration prior to the November 2,
1993 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 S 5 .4 . 2 .2 illing,whether�orwinotn 30 days of the election regardless of
is actually held.
p. Designate an "election officer" who shall act as
the primary liaison between the Jurisdiction and
the County Clerk and who have
ary
responsibility for the conduct of election
procedures to be handled by the Jurisdiction
hereunder.
r. Approval of this Agreement shall constitute
approval of the mail ballot plan attached as
Exhibit "A" .
s . By approval of this Agreement, any municipality is
resolving not to use the provisions of the
Municipal Election Code.
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 official
and as coordinated election official pursuant to
8 C.C .R. 1505-1 S 5 .2 .
b. fromin approval of the Secretary of e State mail bincluding allot n Exhibit "A"
all
930912
participating Jurisdictions, pursuant to 8 C.C.R.
1505-1 S 10. 1.4 .
c. Circulate Article X, Section 20 of the Colorado
Constitution notice as needed by insertion in the
mail ballot pursuant ,to S 1-40-125(2) , C.R.S. and 8
C.C.R. 1505-1 S 5.6 . 1. 1 . and arrange for publica-
tion as directed by the Jurisdiction, pursuant to
paragraph 3(1) and (n) of this Agreement.
a)
d. Maiandl8ballot C.C.R.packes 1505-1 Su10.7nt to S between125 and0153days
prior to the date of election and provide replace-
ment ballots, pursuant to S 1-7 .5-107(c) and (d) ,
C.R.S. , and 8 C.C.R. 1505-1 SS 10 . 10 . 1(b) , 10 . 11,
and 10. 13, as appropriate.
e. Provide absentee ballots, pursuant to S 1-7 .5-108,
C.R.S. , and 8 C.C.R. 1505-1 SS 10.8 and 11, as
appropriate.
f . Give notice to Jurisdiction of the number of
registered electors within the Jurisdiction as of
the effective date of cutoff for registration and
bill Jurisdiction at the rate of $ .25 per
registered elector, with a $200 minimum, for the
services pursuant to this Agreement.
g. Designate a "contact" to act as a primary liaison
or contact between the Jurisdiction and the County
Clerk.
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
In the event that any provision in this Agreement
conflicts with the Code or any other statute or
valid prior resolution duly adopted by the
Jurisdiction, this Agreement shall be modified to
conform to such law or resolution, but no
subsequent resolution of the Jurisdiction nor of
the County shall impair the rights of the County
Clerk or the Jurisdiction hereunder without the
consent of the other party to this Agreement.
c . Liquidated damages provision
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
930912
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 paragraph 3-0
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 o 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: 353-3840, Extension 3100, fax number:
353-1964, address: P.O. Box 459, Greeley, CO
80632; and the Jurisdiction notice shall be given
to the Jurisdiction at phone: (303) 656-3417 ,
fax: , address :
P. 0. Box 125, 415 Leslie Street Briggsdale, CO 80611 •
DATED this .3 day of •ri.il)Q,- , 1993 .
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
1a ny inn Feuerstein Constance L. Harbert, Chairman
APPROVED AS TO FORM: ATTEST: Ma/A(7Clerk to the Board o unty
Commissioners
9111.1914,1, kiliii2tAlt
Coun Attorney , y Deputy Cverk to the Board
930912
Jurisdiction
ATTEST:
/ 66
A ;rney for Jur sdi' tion v �?
9 = 9.f"
•lections.gjb
930912
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
v9/i?ic SC'%ooC Dij7?i1 r k'r-//,i , hereinafter referred to
as "Jurisdiction", does hereby agree and contract with the Board of
County Commissioners of the County of Weld, hereinafter the
"Commissioners" and the Weld County Clerk and Recorder, hereinafter
referred to as "County Clerk" concerning the administration of the
November 2, 1993 coordinated mail ballot election conducted
pursuant to the Uniform Election Code of 1992 as amended by HB 93-
1255 and SB 93-135, (hereinafter "Code") , and the rules and
regulations promulgated thereunder, 8 C.C.R. 1505-1 . This
Agreement is not intended to address or modify statutory provisions
regarding voter registration.
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 on November 2, 1993 , and
WHEREAS, the County Clerk has chosen to conduct the
November 2, 1993 election by mail, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated mail
ballot election coordinated by the County Clerk, and
WHEREAS, the County Clerk as the "coordinated election
official" pursuant to 8 C.C.R. 1505-1 if 5 . 1 .4 and 5 .2 . 1 has agreed
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 if 1-7-
116, 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:
1 . The Jurisdiction encompasses territory within Weld and
/or-7/7 County. This Agreement
shall be construed to apply only to that portion of the
Jurisdiction within Weld County.
2 . Term of Agreement
a. This Agreement is intended only to deal with the
conduct of the November 2, 1993 election.
3 . The Jurisdiction agrees to perform the following tasks
and activities:
a. Receive initiated petitions for local ballot issues
where authorized by law, pursuant to § 1-40-109(2) ,
C.R.S.
C'tcrz)o 0-MG
b. Check signatures on initiated petitions and
determine and issue, where appropriate, a statement
of sufficiency, pursuant to S 1-40-118( 1) , C.R.S.
c. Defend against protests filed with the District
Court, pursuant to S 1-40-118, C.R.S.
d. Issue call for nominations for non-partisan
elections, where applicable, pursuant to S 1-5-204,
C.R.S. , and 8 C.C.R. 1505-1 S 5 . 5 . 1 .
e. Issue approval, where appropriate, of nominating
petitions, pursuant to S 1-4-903, C.R.S.
f. Receive candidate acceptance of nominations in
writing, pursuant to S 1-4-906, C.R.S.
g. Accept for filing notice of intention, petitions
for nomination, and affidavit of circulator,
pursuant to SS 1-4-804 ( 1) , 1-4-907, and 22-31-107 ,
C.R.S.
h. Verify signatures on nominating petitions and hear
any protests of the nominating petitions within
five days after the petitions are filed, pursuant
to SS 1-4-501( 1) , 1-4-908( 1) (3) , and 1-4-909 ,
C.R.S.
i. Establish order of names and questions for
Jurisdiction' s portion of the ballot, pursuant to
SS 1-5-406 and 1-5-407 , C.R.S. , and 8 C.C.R. 1505-1
SS 5 .4 .2 and 5.4 . 3 .
j . Certify ballot content, including a list of
candidates, ballot title, and text, to County Clerk
at least 55 days prior to election, pursuant to S
1-1-110(3) and 8 C.C.R. 1505-1 SS 5 .4 . 1 and 5.4 .2 .
k. Prepare for publication and timely provide to the
County Clerk text of notices or calls of election
of candidates or of measures and advise County
Clerk of number and place of any publication
required, if any, pursuant to 8 C.C.R. 1505-1 S 5 .5
and the Jurisdiction' s requirements .
1 . Accept written comments for and against ballot
issues pursuant to C.R.S. S 1-40-125(2) (e) and
8 C.C.R. 1505-1 S 5 .4 .4 . 2 and provide a copy of
comments filed in support with respect to Article
X, Section 20 of the Colorado Constitution ballot
issues to the proponents pursuant to 8 C.C.R. 1505-
1 S 5 .4 .4 . 3, no later than the Friday prior to the
30 days prior to the election. Accept summaries of
comments filed in support at least 28 days prior to
the election by 3 p.m. from the proponents pursuant
to 8 C.C.R. 1505-1 S 5 .4 .4 .5 . Prepare a summary of
930912
comments in opposition and submit both summaries to
the County Clerk by close of business 25 days prior
to the election, pursuant to 8 C.C.R. 1505-1 S§
5 .4 .4 . 6 and 5.4 .4 . 7 and S 1-7-116(4) .
m. Accept affidavits of intent to be write-in
candidate up to 26 days prior to the election and
provide a list of valid affidavits received to the
County Clerk pursuant to C.R.S. § 1-4-1102 .
n. Prepare Article X, Section 20, Colorado Constitu-
tion notices and submit them to the County Clerk at
least 25 days prior to the election. Prepare
text, identify number and place for publication of
measures and/or notice of election, if required,
and advise County Clerk pursuant to C.R.S. S 1-40-
124 and 8 C.C.R. 1505-1 S 5. 6 . 1 .
o. Pay the sum of $. 25 per registered elector eligible
to vote in the Jurisdiction's election as of the
final date of registration prior to the November 2,
1993 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 §
5 . 4 .2 .2, within 30 days of billing, regardless of
whether or not the election is actually held.
p. 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.
r. Approval of this Agreement shall constitute
approval of the mail ballot plan attached as
Exhibit "A" .
s . By approval of this Agreement, any municipality is
resolving not to use the provisions of the
Municipal Election Code.
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 official
and as coordinated election official pursuant to
8 C.C.R. 1505-1 § 5.2 .
b. Obtain approval of the mail ballot plan Exhibit "A"
from the Secretary of State including all
930312
participating Jurisdictions, pursuant to 8 C.C.R.
1505-1 S 10 . 1.4 .
c. Circulate Article X, Section 20 of the Colorado
Constitution notice as needed by insertion in the
mail ballot pursuant to § 1-40-125(2) , C.R.S. and 8
C.C.R. 1505-1 § 5 .6 . 1. 1 . and arrange for publica-
tion as directed by the Jurisdiction, pursuant to
paragraph 3(1) and (n) of this Agreement.
d. Mail ballot packets pursuant to S 1-7 .5-107(3) (a)
and 8 C.C.R. 1505-1 S 10.7 between 25 and 15 days
prior to the date of election and provide replace-
ment ballots, pursuant to § 1-7 .5-107 (c) and (d) ,
C.R.S. , and 8 C.C.R. 1505-1 SS 10 . 10. 1(b) , 10 . 11,
and 10. 13, as appropriate.
e. Provide absentee ballots, pursuant to S 1-7 .5-108,
C.R.S. , and 8 C.C.R. 1505-1 SS 10.8 and 11, as
appropriate.
f. Give notice to Jurisdiction of the number of
registered electors within the Jurisdiction as of
the effective date of cutoff for registration and
bill Jurisdiction at the rate of $.25 per
registered elector, with a $200 minimum, for the
services pursuant to this Agreement.
g. Designate a "contact" to act as a primary liaison
or contact between the Jurisdiction and the County
Clerk.
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
In the event that any provision in this Agreement
conflicts with the Code or any other statute or
valid prior resolution duly adopted by the
Jurisdiction, this Agreement shall be modified to
conform to such law or resolution, but no
subsequent resolution of the Jurisdiction nor of
the County shall impair the rights of the County
Clerk or the Jurisdiction hereunder without the
consent of the other party to this Agreement.
c. Liquidated damages provision
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
930912
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 paragraph 3-o
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: 353-3840, Extension 3100, fax number:
353-1964, address: P.O. Box 459, Greeley, CO
80632; and the Jurisdiction notice shall be given
to the Jurisdiction at phone: 4137- 5386
fax: , address :
/1o. din 68 NEai R11vibe'? / O-, to ?4/v2- •
DATED this -3 day of -�QA rynkfr- , 1993.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
711") ci.444-21_62.4,itint, ,_
Mary 6n Feuerstein Constance L. Harbert, Chairman
APPROVED AS TO FORM: ATTEST: A / //aZu
r Clerk to the Board of County
Commissioners
Cou A torney Deputy Clerk toj the Boa _I
930912
"Alqii3ic SL'f/Goc 72/C; /2c-//.T Jurisdiction
ATTEST:
*,7/
Attorney for Jurisdiction
election..gjb
930912
WRITTEN PLAN
For the Conduct of Coordinated Mail Ballot Election
Submitted by: MARY ANN FEUERSTEIN
Election Administrator for: WELD COUNTY, COLORADO
1. Legal name of jurisdiction: WELD COUNTY, COLORADO
STATE INITIATIVE ELECTION; ALL SCHOOL DISTRICTS
2 . Type of jurisdiction: COUNTY GOVERNMENT - MUNICIPAL - SCHOOL DISTRICTS
SPECIAL DISTRICTS - JR. COLLEGE DISTRICT
3 . Description of election to be held:
X regular election
X special election on ballot issues
X School District Director
4. Citation of statute authorizing election: 1-7. 5-101 COLO ELECTION CODE
5. Estimated number of electors: 65, 000
6. Name of chief election administrator: MARY ANN FEUERSTEIN
7 . County Clerk and Recorder will:
only provide list of registered electors
X be responsible for the election
8 . Number of places of deposit: 1
(If other than your office, list places and addresses on attached sheet. )
FOR EACH OF THE FOLLOWING, EXPLAIN WHAT YOU WILL DO:
9. If ballot packets are returned as undeliverable: Check in, maintain
ballots in file in secured, locked area in Election Dept.
10. Procedures/person(s) responsible for ensuring compliance with statutes and
rules: Regular sworn deputy clerks in Election Dept will issue, receive.
verify and account for all ballots.
11. Describe procedures to ensure ballot security:
Ballots will be kept locked in secured area prior to issue and upon
being voted and returned to Election Dept.
930912
For the Conduct of Coordinated Mail Ballot Election
Page 2
12. Describe procedures for signature verification:
Return ballot envelopes will be verified against voter registration
including number of ballot mailed, date of return.
13 . Describe procedures to ensure secrecy of ballots:
Secrecy envelope will be provided with the official ballot mail out and
return envelope. At the time of processing for counting, the large stub
will be removed from the voted ballot before it is removed from the
secrecy envelope.
14 . Describe procedures to reconcile ballots (if other than recommended form) :
Recommended form will be used.
Date of Submission:
Election Administrator:
Signature:
Title: WELD COUNTY CLERK & RECORDER
******************************************************
BE SURE TO ENCLOSE YOUR WRITTEN TIMETABLE
******************************************************
FOR SECRETARY OF STATE OFFICE USE ONLY
Date Received Date Approved Date Rejected
Reviewed by:
930912
COORDINATED ELECTIONS
NOVEMBER 2, 1993
TIMETABLE
For the Conduct of Coordinated Elections
July 27 Written plan submitted to governing body.
Sept 3 Election approved by governing body. (S.D. - Comm)
Aug 18 Submission of written plan to Secretary of State. (75 days prior)
Sept 3 LAST DAY for approval by Secretary of State. (15 days)
Oct 8-18 Notice of election to electorate.
Oct 22 Notice given to County Clerk/Assessor.
Oct 1 List of electors submitted to election official. (30 days prior)
Oct 8 Absentee opens.
Oct 8 Notice of close of registration. (25 days prior)
Oct 8-18 Ballots mailed. (15-25 days prior)
Oct 13 Supplemental list of electors submitted. (20 days prior)
Oct 28 Verification of ballots begins. (5 days prior)
Nov 2 ELECTION DAY.
Nov 4 Canvass dates. (7 days)
Nov 9 Certificates of election issued. (7 days)
930912
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
'►.)e (On A v Q1,ley (2e 20 1 , hereinafter referred to
as "Jurisdiction", does hereby agree and contract with the Board of
County Commissioners of the County of Weld, hereinafter the
"Commissioners" and the Weld County Clerk and Recorder, hereinafter
referred to as "County Clerk" concerning the administration of the
November 2, 1993 coordinated mail ballot election conducted
pursuant to the Uniform Election Code of 1992 as amended by HB 93-
1255 and SB 93-135, (hereinafter "Code" ) , and the rules and
regulations promulgated thereunder, 8 C.C.R. 1505-1 . This
Agreement is not intended to address or modify statutory provisions
regarding voter registration.
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 on November 2, 1993 , and
WHEREAS, the County Clerk has chosen to conduct the
November 2, 1993 election by mail, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated mail
ballot election coordinated by the County Clerk, and
WHEREAS, the County Clerk as the "coordinated election
official" pursuant to 8 C.C.R. 1505-1 §S 5. 1 .4 and 5.2 . 1 has agreed
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 §§ 1-7-
116, 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:
1. The Jurisdiction encompasses territory within Weld and
rn Otze brio. County. This Agreement
shall be construed to apply only to that portion of the
Jurisdiction within Weld County.
2 . Term of Agreement
a. This Agreement is intended only to deal with the
conduct of the November 2, 1993 election.
3. The Jurisdiction agrees to perform the following tasks
and activities:
a. Receive initiated petitions for local ballot issues
where authorized by law, pursuant to § 1-40-109(2) ,
C.R.S.
V-0-0/D
b. Check signatures on initiated petitions and
determine and issue, where appropriate, a statement
of sufficiency, pursuant to § 1-40-118( 1) , C.R.S.
c. Defend against protests filed with the District
Court, pursuant to § 1-40-118, C.R.S.
d. Issue call for nominations for non-partisan
elections, where applicable, pursuant to S 1-5-204,
C.R.S. , and 8 C.C.R. 1505-1 § 5 .5 . 1 .
e. Issue approval, where appropriate, of nominating
petitions, pursuant to § 1-4-903, C.R.S.
f. Receive candidate acceptance of nominations in
writing, pursuant to § 1-4-906, C.R.S.
g. Accept for filing notice of intention, petitions
for nomination, and affidavit of circulator,
pursuant to §§ 1-4-804 ( 1) , 1-4-907, and 22-31-107,
C.R.S.
h. Verify signatures on nominating petitions and hear
any protests of the nominating petitions within
five days after the petitions are filed, pursuant
to SS 1-4-501( 1) , 1-4-908( 1) (3) , and 1-4-909,
C.R.S.
i . Establish order of names and questions for
Jurisdiction' s portion of the ballot, pursuant to
SS 1-5-406 and 1-5-407, C.R.S. , and 8 C.C.R. 1505-1
SS 5. 4 . 2 and 5 .4 . 3.
j . Certify ballot content, including a list of
candidates, ballot title, and text, to County Clerk
at least 55 days prior to election, pursuant to S
1-1-110(3) and 8 C.C.R. 1505-1 SS 5. 4 . 1 and 5.4 .2 .
k. Prepare for publication and timely provide to the
County Clerk text of notices or calls of election
of candidates or of measures and advise County
Clerk of number and place of any publication
required, if any, pursuant to 8 C.C.R. 1505-1 § 5 .5
and the Jurisdiction's requirements .
1 . Accept written comments for and against ballot
issues pursuant to C.R.S. S 1-40-125(2) (e) and
8 C.C.R. 1505-1 S 5 .4 .4 .2 and provide a copy of
comments filed in support with respect to Article
X, Section 20 of the Colorado Constitution ballot
issues to the proponents pursuant to 8 C.C.R. 1505-
1 § 5 .4 . 4 . 3, no later than the Friday prior to the
30 days prior to the election. Accept summaries of
comments filed in support at least 28 days prior to
the election by 3 p.m. from the proponents pursuant
to 8 C.C.R. 1505-1 S 5.4 .4 .5 . Prepare a summary of
930912
comments in opposition and submit both summaries to
the County Clerk by close of business 25 days prior
to the election, pursuant to 8 C.C.R. 1505-1 SS
5.4 .4 . 6 and 5 .4 .4 .7 and S 1-7-116 (4 ) .
m. Accept affidavits of intent to be write-in
candidate up to 26 days prior to the election and
provide a list of valid affidavits received to the
County Clerk pursuant to C.R.S. S 1-4-1102 .
n. Prepare Article X, Section 20, Colorado Constitu-
tion notices and submit them to the County Clerk at
least 25 days prior to the election. Prepare
text, identify number and place for publication of
measures and/or notice of election, if required,
and advise County Clerk pursuant to C.R.S. S 1-40-
124 and 8 C.C.R. 1505-1 S 5. 6 . 1.
o. Pay the sum of $ .25 per registered elector eligible
to vote in the Jurisdiction's election as of the
final date of registration prior to the November 2,
1993 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 S
5. 4 .2 .2, within 30 days of billing, regardless of
whether or not the election is actually held.
p. 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.
r. Approval of this Agreement shall constitute
approval of the mail ballot plan attached as
Exhibit "A" .
s . By approval of this Agreement, any municipality is
resolving not to use the provisions of the
Municipal Election Code.
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 official
and as coordinated election official pursuant to
8 C.C.R. 1505-1 S 5.2 .
b. Obtain approval of the mail ballot plan Exhibit "A"
from the Secretary of State including all
930912
participating Jurisdictions, pursuant to 8 C.C.R.
1505-1 S 10. 1 .4 .
c. Circulate Article X, Section 20 of the Colorado
Constitution notice as needed by insertion in the
mail ballot pursuant to S 1-40-125(2) , C.R.S. and 8
C.C.R. 1505-1 S 5 . 6 . 1. 1 . and arrange for publica-
tion as directed by the Jurisdiction, pursuant to
paragraph 3(1) and (n) of this Agreement.
d. Mail ballot packets pursuant to S 1-7 . 5-107(3) (a)
and 8 C.C.R. 1505-1 S 10.7 between 25 and 15 days
prior to the date of election and provide replace-
ment ballots, pursuant to S 1-7 .5-107(c) and (d) ,
C.R.S. , and 8 C.C.R. 1505-1 SS 10 . 10. 1 (b) , 10. 11,
and 10. 13, as appropriate.
e. Provide absentee ballots, pursuant to S 1-7 .5-108,
C.R.S. , and 8 C.C.R. 1505-1 SS 10. 8 and 11, as
appropriate.
f. Give notice to Jurisdiction of the number of
registered electors within the Jurisdiction as of
the effective date of cutoff for registration and
bill Jurisdiction at the rate of $.25 per
registered elector, with a $200 minimum, for the
services pursuant to this Agreement.
g. Designate a "contact" to act as a primary liaison
or contact between the Jurisdiction and the County
Clerk.
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
In the event that any provision in this Agreement
conflicts with the Code or any other statute or
valid prior resolution duly adopted by the
Jurisdiction, this Agreement shall be modified to
conform to such law or resolution, but no
subsequent resolution of the Jurisdiction nor of
the County shall impair the rights of the County
Clerk or the Jurisdiction hereunder without the
consent of the other party to this Agreement.
c. Liquidated damages provision
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
330912
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 paragraph 3-o
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: 353-3840, Extension 3100, fax number:
353-1964, address : P.O. Box 459, Greeley, CO
80632; and the Jurisdiction notice shall be given
to the Jurisdiction at phone: (o95.2g1.1
fax:
address :
c If N Druz £t, W e-Dor-Nw. Ct IT jt,` 3 .
DATED this 2.c, day of lkucovs's 1993.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
•
Ma�y4nn Feuerstein Constance L. Harbert, Chairman
APPROVED AS TO FORM: ATTEST:
Clerk to the Boa o Co my
Commissioners
Coun Attorne e/J• ,4�/' /tom( ��`
Y eputy Cler to the B
93O912
a\..o nw �a��r � Qe -O S•
Jurisdiction
ATTEST:
Attorney for Jurisdiction �� '
electiono.gjb
930912
WRITTEN PLAN
For the Conduct of Coordinated Mail Ballot Election
Submitted by: MARY ANN FEUERSTEIN
Election Administrator for: WELD COUNTY, COLORADO
1. Legal name of jurisdiction: WELD COUNTY. COLORADO
STATE INITIATIVE ELECTION; ALL SCHOOL DISTRICTS
2 . Type of jurisdiction: COUNTY GOVERNMENT - MUNICIPAL - SCHOOL DISTRICTS
SPECIAL DISTRICTS - JR. COLLEGE DISTRICT
3 . Description of election to be held:
X regular election
X special election on ballot issues
X School District Director
4 . Citation of statute authorizing election: 1-7 . 5-101 COLO ELECTION CODE
5. Estimated number of electors: 65, 000
6. Name of chief election administrator: MARY ANN FEUERSTEIN
7. County Clerk and Recorder will :
only provide list of registered electors
X be responsible for the election
8. Number of places of deposit: 1
(If other than your office, list places and addresses on attached sheet. )
FOR EACH OF THE FOLLOWING, EXPLAIN WHAT YOU WILL DO:
9. If ballot packets are returned as undeliverable: Check in, maintain
ballots in file in secured, locked area in Election Dept.
10. Procedures/person(s) responsible for ensuring compliance with statutes and
rules: Regular sworn deputy clerks in Election Dept will issue, receive.
verify and account for all ballots.
11. Describe procedures to ensure ballot security:
Ballots will be kept locked in secured area prior to issue and upon
being voted and returned to Election Dept.
930912
For the Conduct of Coordinated Mail Ballot Election
Page 2
12 . Describe procedures for signature verification:
Return ballot envelopes will be verified against voter registration
including number of ballot mailed, date of return.
13 . Describe procedures to ensure secrecy of ballots:
Secrecy envelope will be provided with the official ballot mail out and
return envelope. At the time of processing for counting, the large stub
will be removed from the voted ballot before it is removed from the
secrecy envelope.
14. Describe procedures to reconcile ballots (if other than recommended form) :
Recommended form will be used.
Date of Submission:
Election Administrator:
Signature:
Title: WELD COUNTY CLERK & RECORDER
******************************************************
BE SURE TO ENCLOSE YOUR WRITTEN TIMETABLE
******************************************************
FOR SECRETARY OF STATE OFFICE USE ONLY
Date Received Date Approved Date Rejected
Reviewed by:
930912
COORDINATED ELECTIONS
NOVEMBER 2, 1993
TIMETABLE
For the Conduct of Coordinated Elections
July 27 Written plan submitted to governing body.
Sept 3 Election approved by governing body. (S.D. - Comm)
Aug 18 Submission of written plan to Secretary of State. (75 days prior)
Sept 3 LAST DAY for approval by Secretary of State. (15 days)
Oct 8-18 Notice of election to electorate.
Oct 22 Notice given to County Clerk/Assessor.
Oct 1 List of electors submitted to election official . (30 days prior)
Oct 8 Absentee opens.
Oct 8 Notice of close of registration. (25 days prior)
Oct 8-18 Ballots mailed. (15-25 days prior)
Oct 13 Supplemental list of electors submitted. (20 days prior)
Oct 28 Verification of ballots begins. (5 days prior)
Nov 2 ELECTION DAY.
Nov 4 Canvass dates. (7 days)
Nov 9 Certificates of election issued. (7 days)
930312
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Pawnee School District Re-12 , hereinafter referred to
as "Jurisdiction" , does hereby agree and contract with the Board of
County Commissioners of the County of Weld, hereinafter the
"Commissioners" and the Weld County Clerk and Recorder, hereinafter
referred to as "County Clerk" concerning the administration of the
November 2, 1993 coordinated mail ballot election conducted
pursuant to the Uniform Election Code of 1992 as amended by HB 93-
1255 and SB 93-135, (hereinafter "Code" ) , and the rules and
regulations promulgated thereunder, 8 C.C.R. 1505-1 . This
Agreement is not intended to address or modify statutory provisions
regarding voter registration.
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 on November 2, 1993 , and
WHEREAS, the County Clerk has chosen to conduct the
November 2, 1993 election by mail, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated mail
ballot election coordinated by the County Clerk, and
WHEREAS, the County Clerk as the "coordinated election
official" pursuant to 8 C.C.R. 1505-1 SS 5 . 1 .4 and 5 .2 . 1 has agreed
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 SS 1-7-
116, 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 :
1 . The Jurisdiction encompasses territory within Weld and
County. This Agreement
shall be construed to apply only to that portion of the
Jurisdiction within Weld County.
2 . Term of Agreement
a. This Agreement is intended only to deal with the
conduct of the November 2, 1993 election.
3 . The Jurisdiction agrees to perform the following tasks
and activities :
a. Receive initiated petitions for local ballot issues
where authorized by law, pursuant to § 1-40-109 (2) ,
C.R.S.
L7 cs1) c q2)O62/ -)-
b. Check signatures on initiated petitions and
determine and issue, where appropriate, a statement
of sufficiency, pursuant to S 1-40-118( 1) , C.R.S.
c. Defend against protests filed with the District
Court, pursuant to S 1-40-118, C.R.S.
d. Issue call for nominations for non-partisan
elections, where applicable, pursuant to S 1-5-204,
C.R.S. , and 8 C.C.R. 1505-1 S 5.5. 1 .
e. Issue approval, where appropriate, of nominating
petitions, pursuant to S 1-4-903, C.R.S.
f. Receive candidate acceptance of nominations in
writing, pursuant to S 1-4-906, C.R.S.
g. Accept for filing notice of intention, petitions
for nomination, and affidavit of circulator,
pursuant to SS 1-4-804 ( 1) , 1-4-907, and 22-31-107,
C.R.S.
h. Verify signatures on nominating petitions and hear
any protests of the nominating petitions within
five days after the petitions are filed, pursuant
to SS 1-4-501( 1) , 1-4-908( 1) (3) , and 1-4-909,
C.R.S.
i . Establish order of names and questions for
Jurisdiction's portion of the ballot, pursuant to
SS 1-5-406 and 1-5-407, C.R.S. , and 8 C.C.R. 1505-1
SS 5 .4 .2 and 5. 4 . 3 .
j . Certify ballot content, including a list of
candidates, ballot title, and text, to County Clerk
at least 55 days prior to election, pursuant to S
1-1-110(3) and 8 C.C.R. 1505-1 SS 5 .4 . 1 and 5 .4 .2 .
k. Prepare for publication and timely provide to the
County Clerk text of notices or calls of election
of candidates or of measures and advise County
Clerk of number and place of any publication
required, if any, pursuant to 8 C.C.R. 1505-1 S 5.5
and the Jurisdiction's requirements .
1. Accept written comments for and against ballot
issues pursuant to C.R.S. S 1-40-125(2) (e) and
8 C.C.R. 1505-1 S 5.4 .4 .2 and provide a copy of
comments filed in support with respect to Article
X, Section 20 of the Colorado Constitution ballot
issues to the proponents pursuant to 8 C.C.R. 1505-
1 S 5.4 . 4 . 3, no later than the Friday prior to the
30 days prior to the election. Accept summaries of
comments filed in support at least 28 days prior to
the election by 3 p.m. from the proponents pursuant
to 8 C.C.R. 1505-1 S 5 .4 .4 .5 . Prepare a summary of
930912
comments in opposition and submit both summaries to
the County Clerk by close of business 25 days prior
to the election, pursuant to 8 C.C.R. 1505-1 if
5 .4 .4 .6 and 5 .4 .4 .7 and $ 1-7-116 (4) .
m. Accept affidavits of intent to be write-in
candidate up to 26 days prior to the election and
provide a list of valid affidavits received to the
County Clerk pursuant to C.R.S. $ 1-4-1102 .
n. Prepare Article X, Section 20, Colorado Constitu-
tion notices and submit them to the County Clerk at
least 25 days prior to the election. Prepare
text, identify number and place for publication of
measures and/or notice of election, if required,
and advise County Clerk pursuant to C.R.S. $ 1-40-
124 and 8 C.C.R. 1505-1 $ 5 . 6 . 1 .
o. Pay the sum of $ . 25 per registered elector eligible
to vote in the Jurisdiction' s election as of the
final date of registration prior to the November 2,
1993 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 $
5. 4 . 2 .2, within 30 days of billing, regardless of
whether or not the election is actually held.
p. 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.
r. Approval of this Agreement shall constitute
approval of the mail ballot plan attached as
Exhibit "A" .
s . By approval of this Agreement, any municipality is
resolving not to use the provisions of the
Municipal Election Code.
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 official
and as coordinated election official pursuant to
8 C.C.R. 1505-1 $ 5 .2 .
b. Obtain approval of the mail ballot plan Exhibit "A"
from the Secretary of State including all
A'Islam a ...
participating Jurisdictions, pursuant to 8 C.C.R.
1505-1 § 10 . 1.4 .
c. Circulate Article X, Section 20 of the Colorado
Constitution notice as needed by insertion in the
mail ballot pursuant to § 1-40-125(2) , C.R.S. and 8
C.C.R. 1505-1 § 5.6 . 1 . 1 . and arrange for publica-
tion as directed by the Jurisdiction, pursuant to
paragraph 3(1) and (n) of this Agreement.
d. Mail ballot packets pursuant to § 1-7 .5-107(3) (a)
and 8 C.C.R. 1505-1 S 10 . 7 between 25 and 15 days
prior to the date of election and provide replace-
ment ballots, pursuant to § 1-7 .5-107 (c) and (d) ,
C.R.S. , and 8 C.C.R. 1505-1 §S 10. 10. 1(b) , 10. 11,
and 10. 13, as appropriate.
e. Provide absentee ballots, pursuant to S 1-7 .5-108,
C.R.S. , and 8 C.C.R. 1505-1 SS 10 . 8 and 11, as
appropriate.
f. Give notice to Jurisdiction of the number of
registered electors within the Jurisdiction as of
the effective date of cutoff for registration and
bill Jurisdiction at the rate of $.25 per
registered elector, with a $200 minimum, for the
services pursuant to this Agreement.
g. Designate a "contact" to act as a primary liaison
or contact between the Jurisdiction and the County
Clerk.
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
In the event that any provision in this Agreement
conflicts with the Code or any other statute or
valid prior resolution duly adopted by the
Jurisdiction, this Agreement shall be modified to
conform to such law or resolution, but no
subsequent resolution of the Jurisdiction nor of
the County shall impair the rights of the County
Clerk or the Jurisdiction hereunder without the
consent of the other party to this Agreement.
c. Liquidated damages provision
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
930912
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 paragraph 3-O
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: 353-3840, Extension 3100, fax number:
353-1964, address : P.O. Box 459, Greeley, CO
80632; and the Jurisdiction notice shall be given
to the Jurisdiction at phone: 303-895-2222
fax: 303-895-2221 , address :
P . 0 . Box 38 Grover flnlnrarin Bn779 .
DATED this 19 day of August , 1993.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
Mar An Feuers ein Harb
�`••Harb
Constance L. ertt,, Chairman
APPROVED AS TO FORM: ATTEST:
Clerk to the Board of County
Commissioners y , �
Coun y Attorney duty �i�GL�GBoa
De uty C rk to the Board
930912
WRITTEN PLAN
For the Conduct of Coordinated Mail Ballot Election
Submitted by: MARY ANN FEUERSTEIN
Election Administrator for: WELD COUNTY, COLORADO
1. Legal name of jurisdiction: WELD COUNTY, COLORADO
STATE INITIATIVE ELECTION; ALL SCHOOL DISTRICTS
2 . Type of jurisdiction: COUNTY GOVERNMENT - MUNICIPAL - SCHOOL DISTRICTS
SPECIAL DISTRICTS - JR. COLLEGE DISTRICT
3 . Description of election to be held:
X regular election
X special election on ballot issues
X School District Director
4 . Citation of statute authorizing election: 1-7 .5-101 COLO ELECTION CODE
5. Estimated number of electors: 65, 000
6. Name of chief election administrator: MARY ANN FEUERSTEIN
7. County Clerk and Recorder will :
only provide list of registered electors
X be responsible for the election
S. Number of places of deposit: 1
(If other than your office, list places and addresses on attached sheet. )
FOR EACH OF THE FOLLOWING, EXPLAIN WHAT YOU WILL DO:
9. If ballot packets are returned as undeliverable: Check in, maintain
ballots in file in secured, locked area in Election Dept.
10. Procedures/person(s) responsible for ensuring compliance with statutes and
rules: Regular sworn deputy clerks in Election Dept will issue, receive.
verify and account for all ballots.
11. Describe procedures to ensure ballot security:
Ballots will be kept locked in secured area prior to issue and upon
being voted and returned to Election Dept.
930912
For the Conduct of Coordinated Mail Ballot Election
Page 2
12. Describe procedures for signature verification:
Return ballot envelopes will be verified against voter registration
including number of ballot mailed, date of return.
13 . Describe procedures to ensure secrecy of ballots:
Secrecy envelope will be provided with the official ballot mail out and
return envelope. At the time of processing for counting, the large stub
will be removed from the voted ballot before it is removed from the
secrecy envelope.
14. Describe procedures to reconcile ballots (if other than recommended form) :
Recommended form will be used.
Date of Submission:
Election Administrator:
Signature:
Title: WELD COUNTY CLERK & RECORDER
******************************************************
BE SURE TO ENCLOSE YOUR WRITTEN TIMETABLE
******************************************************
FOR SECRETARY OF STATE OFFICE USE ONLY
Date Received Date Approved Date Rejected
Reviewed by:
930912
v
-LS .efea 4- ?r,r, 2 /J oarc?a Y(a•cstt 6't
Jurisdiction
ATTEST:
Attorney for Jurisdiction
elections.gjb
930912
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Wiggins School District RE-50J , hereinafter referred to
as "Jurisdiction" , does hereby agree and contract with the Board of
County Commissioners of the County of Weld, hereinafter the
"Commissioners" and the Weld County Clerk and Recorder, hereinafter
referred to as "County Clerk" concerning the administration of the
November 2, 1993 coordinated mail ballot election conducted
pursuant to the Uniform Election Code of 1992 as amended by HB 93-
1255 and SB 93-135, (hereinafter "Code" ) , and the rules and
regulations promulgated thereunder, 8 C.C.R. 1505-1 . This
Agreement is not intended to address or modify statutory provisions
regarding voter registration.
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 on November 2, 1993 , and
WHEREAS, the County Clerk has chosen to conduct the
November 2 , 1993 election by mail, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated mail
ballot election coordinated by the County Clerk, and
WHEREAS, the County Clerk as the "coordinated election
official" pursuant to 8 C.C.R. 1505-1 SS 5 . 1.4 and 5.2 . 1 has agreed
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 SS 1-7-
116, 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 :
1 . The Jurisdiction encompasses territory within Weld and
Morgan and Adams County. This Agreement
shall be construed to apply only to that portion of the
Jurisdiction within Weld County.
2 . Term of Agreement
a. This Agreement is intended only to deal with the
conduct of the November 2, 1993 election.
3 . The Jurisdiction agrees to perform the following tasks
and activities:
a. Receive initiated petitions for local ballot issues
where authorized by law, pursuant to S 1-40-109 (2 ) ,
C.R.S.
P onnt() qmio
b. Check signatures on initiated petitions and
determine and issue, where appropriate, a statement
of sufficiency, pursuant to S 1-40-118( 1) , C.R.S.
c . Defend against protests filed with the District
Court, pursuant to S 1-40-118, C.R.S.
d. Issue call for nominations for non-partisan
elections, where applicable, pursuant to S 1-5-204 ,
C.R.S. , and 8 C.C.R. 1505-1 S 5 .5 . 1 .
e. Issue approval, where appropriate, of nominating
petitions, pursuant to S 1-4-903, C.R.S.
f . Receive candidate acceptance of nominations in
writing, pursuant to S 1-4-906, C.R.S.
g. Accept for filing notice of intention, petitions
for nomination, and affidavit of circulator,
pursuant to SS 1-4-804 ( 1) , 1-4-907, and 22-31-107 ,
C.R.S.
h. Verify signatures on nominating petitions and hear
any protests of the nominating petitions within
five days after the petitions are filed, pursuant
to SS 1-4-501( 1) , 1-4-908( 1) (3) , and 1-4-909,
C.R.S.
i . Establish order of names and questions for
Jurisdiction' s portion of the ballot, pursuant to
SS 1-5-406 and 1-5-407 , C.R.S. , and 8 C.C.R. 1505-1
SS 5 .4 .2 and 5.4 . 3 .
j . Certify ballot content, including a list of
candidates, ballot title, and text, to County Cler
k
at least 55 days prior to election, pursuant to S
1-1-110( 3) and 8 C.C.R. 1505-1 SS 5.4 . 1 and 5.4 .2 .
k. Prepare for publication and timely provide to the
County Clerk text of notices or calls of election
of candidates or of measures and advise County
Clerk of number and place of any publication
required, if any, pursuant to 8 C.C.R. 1505-1 S 5 .5
and the Jurisdiction' s requirements .
1 . Accept written comments for and against ballot
issues pursuant to C.R.S. S 1-40-125(2) (e) and
8 C.C.R. 1505-1 S 5 .4 .4 . 2 and provide a copy of
comments filed in support with respect to Article
X, Section 20 of the Colorado Constitution ballot
issues to the proponents pursuant to 8 C.C.R. 1505-
1 S 5.4 . 4 . 3, no later than the Friday prior to the
30 days prior to the election. Accept summaries of
comments filed in support at least 28 days prior to
the election by 3 p.m. from the proponents pursuant
to 8 C.C.R. 1505-1 S 5 .4 .4 .5 . Prepare a summary of
930912
comments in opposition and submit both summaries to
the County Clerk by close of business 25 days prior
to the election, pursuant to 8 C.C.R. 1505-1 SS
5.4 .4 . 6 and 5 .4 .4 . 7 and S 1-7-116 (4) .
m. Accept affidavits of intent to be write-in
candidate up to 26 days prior to the election and
provide a list of valid affidavits received to the
County Clerk pursuant to C.R.S. S 1-4-1102 .
n. Prepare Article X, Section 20, Colorado Constitu-
tion notices and submit them to the County Clerk at
least 25 days prior to the election. Prepare
text, identify number and place for publication of
measures and/or notice of election, if required,
and advise County Clerk pursuant to C.R.S. S 1-40-
124 and 8 C.C.R. 1505-1 S 5 . 6 . 1 .
o. Pay the sum of $. 25 per registered elector eligible
to vote in the Jurisdiction' s election as of the
final date of registration prior to the November 2,
1993 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 S
5.4 . 2 .2, within 30 days of billing, regardless of
whether or not the election is actually held.
p. 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.
r. Approval of this Agreement shall constitute
approval of the mail ballot plan attached as
Exhibit "A" .
s . By approval of this Agreement, any municipality is
resolving not to use the provisions of the
Municipal Election Code.
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 official
and as coordinated election official pursuant to
8 C.C.R. 1505-1 S 5 .2 .
b. Obtain approval of the mail ballot plan Exhibit "A"
from the Secretary of State including all
930912
participating Jurisdictions, pursuant to 8 C.C.R.
1505-1 S 10 . 1.4 .
c. Circulate Article X, Section 20 of the Colorado
Constitution notice as needed by insertion in the
mail ballot pursuant to § 1-40-125(2) , C.R.S. and 8
C.C.R. 1505-1 § 5.6 . 1 . 1 . and arrange for publica-
tion as directed by the Jurisdiction, pursuant to
paragraph 3(1) and (n) of this Agreement.
d. Mail ballot packets pursuant to S 1-7 .5-107(3) (a)
and 8 C.C.R. 1505-1 § 10. 7 between 25 and 15 days
prior to the date of election and provide replace-
ment ballots, pursuant to S 1-7 .5-107(c) and (d) ,
C.R.S. , and 8 C.C.R. 1505-1 SS 10 . 10 . 1(b) , 10 . 11,
and 10 . 13, as appropriate.
e. Provide absentee ballots, pursuant to § 1-7 .5-108,
C.R.S. , and 8 C.C.R. 1505-1 if 10 . 8 and 11, as
appropriate.
f . Give notice to Jurisdiction of the number of
registered electors within the Jurisdiction as of
the effective date of cutoff for registration and
bill Jurisdiction at the rate of $.25 per
registered elector, with a $200 minimum, for the .
services pursuant to this Agreement.
g. Designate a "contact" to act as a primary liaison
or contact between the Jurisdiction and the County
Clerk.
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
In the event that any provision in this Agreement
conflicts with the Code or any other statute or
valid prior resolution duly adopted by the
Jurisdiction, this Agreement shall be modified to
conform to such law or resolution, but no
subsequent resolution of the Jurisdiction nor of
the County shall impair the rights of the County
Clerk or the Jurisdiction hereunder without the
consent of the other party to this Agreement.
c. Liquidated damages provision
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
930912
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 paragraph 3-o
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: 353-3840, Extension 310O, fax number:
353-1964, address : P.O. Box 459, Greeley, CO
80632; and the Jurisdiction notice shall be given
to the Jurisdiction at phone: 483-7762
fax: 483-6205 , address :
320 Chapman, P. 0. Box 128, Wiggins, CO 80654-0128
DATED this 30th day of August , 1993 .
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
//���� � � ///� �-y OF��J/7 THE COUNTY OF WELD
IA.U..l to AA-i-aLt(JCIW �Yl
Mary Ain Feuer tein Constance L. Harbert, Chairman
APPROVED AS TO FORM: ATTEST:
Clerk to the Board of County
— ---, 1 �/ Comm/// issioners'' %
Count Attorney J Deputy Cler to' the 5oard
930912
Wiggins School District RE-50J
Jurisdiction
ATTEST: /aetehict Attorney for Jurisdiction t
Aopzeyi)
olsctlons.gjb
930912
STATE OF COLORADO )
) ss.
COUNTY OF MORGAN )
CALL FOR NOMINATIONS
The Board of Directors of
\Tema Segelke, being duly sworn, says that he/she is publisher SOJ s�� �`ho?1 District RRE-
Bgms. Colorado,
of the Wiggins Courier, a weekly newspaper published in hereby armounoes the election of one
Wiggins in said County and State; that said newspaper has a land one(1)director fr from om DirDisector
general circulation in said County and has been continously District D for the RE-50J Board of
Education on November 2, 1993.
and uninterruptedly published there in, during a period of at Directors will be elected for four-'
least fifty-two consecutive weeks prior to the first publication year terms. A candidate for school
director must be an"eligible"elector
of the annexed notice; that said newspaper is a newspaper of the district, which means
within the meaning of the act of the General Assembly of the registered for 25mays r tithe
State of Colorado,entitled "An Act to regulate the printing of election.
legal notices and advertisements," and amendments thereto; Nomination petitions may be
obtained at the Wiggins School
that the notice of which the annexed is a printed copy taken
District Administration Office, 320
from said newspaper, and in the regular and entire issue of Chapman, Wiggins, Colorado.
Office hours are 8:00 a.m. to 4:30
every p.m. Monday through Friday.
Completed petitions should be
submitted to Jacque Weimer at the
number thereof, once a week for_1 consecutive weeks; (Wiggins School District
that said notice was so published in said newspaper r proper r Administration
Office, 320
P an.Wiggins,
Wigggins.CO no later than
and not in any supplement thereof, and that the first 4:30 pm.on August 27,1993.
BOARD OF EDUCATION,
SCHOOL DISTRICT RE-50 J
publication of said notice as aforesaid,was on the 29th day MORGACO�1
One publication.July 29,1993
of My, 1993, and the last on the
29th day y l 1993./ ,
Subscribed and sworn to before me this J(' -day of
l� l , 1993.
Notary Pubiic
My commission expires ly, J99 7 .
93O912
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
City of Brighton
hereinafter referred as "Jurisdiction", does hereby agree and contract with the Board of
County Commissioners of the County of Weld, hereinafter the
"Commissioners" and the Weld County Clerk and Recorder, hereinafter
referred to as "County Clerk" concerning the administration of the
November 2, 1993 coordinated mail ballot election conducted
pursuant to the Uniform Election Code of 1992 as amended by HB 93-
1255 and SB 93-135, (hereinafter "Code" ) , and the rules and
regulations promulgated thereunder, 8 C.C.R. 1505-1. This
Agreement is not intended to address or modify statutory provisions
regarding voter registration.
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 on November 2, 1993 , and
WHEREAS, the County Clerk has chosen to conduct the
November 2, 1993 election by mail, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated mail
ballot election coordinated by the County Clerk, and
WHEREAS, the County Clerk as the "coordinated election
official" pursuant to 8 C.C.R. 1505-1 SS 5 . 1.4 and 5.2 . 1 has agreed
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 SS 1-7-
116, 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 :
1 . The Jurisdiction encompasses territory within Weld and
Adams County. This Agreement
shall be construed to apply only to that portion of the
Jurisdiction within Weld County.
2. Term of Agreement
a. This Agreement is intended only to deal with the
conduct of the November 2, 1993 election.
3. The Jurisdiction agrees to perform the following tasks
and activities :
a. Receive initiated petitions for local ballot issues
where authorized by law, pursuant to S 1-40-109(2) ,
C.R.S.
a
� Ct) C C1 ,��
b. Check signatures on initiated petitions and
determine and issue, where appropriate, a statement
of sufficiency, pursuant to S 1-40-118( 1) , C.R.S.
c. Defend against protests filed with the District
Court, pursuant to $ 1-40-118, C.R.S.
d. Issue call for nominations for non-partisan
elections, where applicable, pursuant to S 1-5-204,
C.R.S. , and 8 C.C.R. 1505-1 S 5.5. 1.
e. Issue approval, where appropriate, of nominating
petitions, pursuant to S 1-4-903, C.R.S.
f. Receive candidate acceptance of nominations in
writing, pursuant to S 1-4-906, C.R.S.
g. Accept for filing notice of intention, petitions
for nomination, and affidavit of circulator,
pursuant to SS 1-4-804( 1) , 1-4-907, and 22-31-107,
h. Verify signatures on nominating petitions and hear
any protests of the nominating petitions within
five days after the petitions are filed, pursuant
to SS 1-4-501( 1) , 1-4-908( 1) (3) , and 1-4-909,
C.R.S.
i . Establish order of names and questions for
Jurisdiction's portion of the ballot, pursuant to
SS 1-5-406 and 1-5-407, C.R.S. , and 8 C.C.R. 1505-1
SS 5.4 .2 and 5 .4 . 3.
j . Certify ballot content, including a list of
candidates, ballot title, and text, to County Clerk
at least 55 days prior to election, pursuant to S
1-1-110(3) and 8 C.C.R. 1505-1 SS 5. 4 . 1 and 5 .4 .2 .
k. Prepare for publication and timely provide to the
County Clerk text of notices or calls of election
of candidates or of measures and advise County
Clerk of number and place of any publication
required, if any, pursuant to 8 C.C.R. 1505-1 S 5 .5
and the Jurisdiction's requirements.
1. Accept written comments for and against ballot
issues pursuant to C.R.S. S 1-40-125(2) (e) and
8 C.C.R. 1505-1 S 5.4.4 .2 and provide a copy of
comments filed in support with respect to Article
X, Section 20 of the Colorado Constitution ballot
issues to the proponents pursuant to 8 C.C.R. 1505-
1 S 5.4 .4 .3, no later than the Friday prior to the
30 days prior to the election. Accept summaries of
comments filed in support at least 28 days prior to
the election by 3 p.m. from the proponents pursuant
to 8 C.C.R. 1505-1 S 5.4 .4 .5. Prepare a summary of
comments in opposition and submit both summaries to
the County Clerk by close of business 25 days prior
to the election, pursuant to 8 C.C.R. 1505-1 SS
5.4 .4 . 6 and 5.4 .4 .7 and S 1-7-116 (4) .
m. Accept affidavits of intent to be write-in
candidate up to 26 days prior to the election and
provide a list of valid affidavits received to the
County Clerk pursuant to C.R.S. S 1-4-1102 .
n. Prepare Article X, Section 20, Colorado Constitu-
tion notices and submit them to the County Clerk at
least 25 days prior to the election. Prepare
text, identify number and place for publication of
measures and/or notice of election, if required,
and advise County Clerk pursuant to C.R.S. S 1-40-
124 and 8 C.C.R. 1505-1 S 5 .6. 1 .
o. Pay the sum of $.25 per registered elector eligible
to vote in the Jurisdiction's election as of the
final date of registration prior to the November 2,
1993 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 S
5.4 .2 .2, within 30 days of billing, regardless of
whether or not the election is actually held.
p. 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.
r. Approval of this Agreement shall constitute
approval of the mail ballot plan attached as
Exhibit "A" .
s . By approval of this Agreement, any municipality is
resolving not to use the provisions of the
Municipal Election Code.
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 official
and as coordinated election official pursuant to
8 C.C.R. 1505-1 S 5 .2 .
b. Obtain approval of the mail ballot plan Exhibit "A"
from the Secretary of State including all
930912
participating Jurisdictions, pursuant to 8 C.C.R.
1505-1 S 10. 1 .4 .
c. Circulate Article X, Section 20 of the Colorado
Constitution notice as needed by insertion in the
mail ballot pursuant .to S 1-40-125(2) , C.R.S. and 8
C.C.R. 1505-1 S 5.6 . 1 . 1 . and arrange for publica-
tion as directed by the Jurisdiction, pursuant to
paragraph 3(1) and (n) of this Agreement.
d. Mail ballot packets pursuant to S 1-7 .5-107 (3) (a)
and 8 C.C.R. 1505-1 S 10.7 between 25 and 15 days
prior to the date of election and provide replace-
ment ballots, pursuant to S 1-7.5-107(c) and (d) ,
C.R.S. , and 8 C.C.R. 1505-1 SS 10. 10. 1(b) , 10 . 11,
and 10 . 13, as appropriate.
e. Provide absentee ballots, pursuant to S 1-7 .5-108,
C.R.S. , and 8 C.C.R. 1505-1 SS 10. 8 and 11, as
appropriate.
f. Give notice to Jurisdiction of the number of
registered electors within the Jurisdiction as of
the effective date of cutoff for registration and
bill Jurisdiction at the rate of $.25 per
registered elector, with a $200 minimum, for the
services pursuant to this Agreement.
g. Designate a "contact" to act as a primary liaison
or contact between the Jurisdiction and the County
Clerk.
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
In the event that any provision in this Agreement
conflicts with the Code or any other statute or
valid prior resolution duly adopted by the
Jurisdiction, this Agreement shall be modified to
conform to such law or resolution, but no
subsequent resolution of the Jurisdiction nor of
the County shall impair the rights of the County
Clerk or the Jurisdiction hereunder without the
consent of the other party to this Agreement.
c. Liquidated damages provision
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
33091z
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 paragraph 3-o
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: 353-3840, Extension 3100, fax number:
353-1964, address: P.O. Box 459, Greeley, CO
80632; and the Jurisdiction notice shall be given
to the Jurisdiction at phone: (303) 659-4050, ext 230,
fax: (303) 659-4844 , address:
City Clerk, 22 South 4th Avenue, Brighton, CO 80601 :
DATED this /R day of /Lulu 5 , 1993 .
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
�J iI ,� OF THE COUNTY OF WELD
�� s
li
Ma n Feuerstein onstance L. Harbert, Chairman
APPROVED AS TO FORM: ATTEST: i� jr,etth
Clerk to the /Board f County
<- Co saioners
Coun Attorney " epu y C er t e Board
930912
Jurisdiction /V/
Donald A. Hamstra, Mayor, City of Brighton
ATTEST:
51144G�i+nC. Sl '4i/,,Attor y for Jurisdiction Marianne Thomas, City Clerk
•1.ction..gjb
•
930912
WRITTEN PLAN
For the Conduct of Coordinated Mail Ballot Election
Submitted by: MARY ANN FEUERSTEIN
Election Administrator for: WELD COUNTY. COLORADO
1. Legal name of jurisdiction: WELD COUNTY. COLORADO
STATE INITIATIVE ELECTION; ALL SCHOOL DISTRICTS
2 . Type of jurisdiction: COUNTY GOVERNMENT - MUNICIPAL - SCHOOL DISTRICTS
SPECIAL DISTRICTS - JR. COLLEGE DISTRICT
3 . Description of election to be held:
X regular election
X special election on ballot issues
X School District Director
4 . Citation of statute authorizing election: 1-7 .5-101 COLO ELECTION CODE
5. Estimated number of electors: 65. 000
6. Name of chief election administrator: MARY ANN FEUERSTEIN
7. County Clerk and Recorder will:
only provide list of registered electors
X be responsible for the election
8. Number of places of deposit: 1
(If other than your office, list places and addresses on attached sheet. )
FOR EACH OF THE FOLLOWING, EXPLAIN WHAT YOU WILL DO:
9. If ballot packets are returned as undeliverable: Check in. maintain
ballots in file in secured. locked area in Election Dept.
10. Procedures/person(s) responsible for ensuring compliance with statutes and
rules: Regular sworn deputy clerks in Election Dent will issue. receive.
verify and account for all ballots.
11. Describe procedures to ensure ballot security:
Ballots will be kept locked in secured area prior to issue and upon
being voted and returned to Election Dept.
onr►... —
For the Conduct of Coordinated Mail Ballot Election
Page 2
12 . Describe procedures for signature verification:
Return ballot envelopes will be verified against voter registration
including number of ballot mailed, date of return.
13 . Describe procedures to ensure secrecy of ballots:
Secrecy envelope will be provided with the official ballot mail out and
return envelope. At the time of processing for counting, the large stub
will be removed from the voted ballot before it is removed from the
secrecy envelope.
14 . Describe procedures to reconcile ballots (if other than recommended form) :
Recommended form will be used.
Date of Submission:
Election Administrator:
Signature:
Title: WELD COUNTY CLERK & RECORDER
******************************************************
BE SURE TO ENCLOSE YOUR WRITTEN TIMETABLE
******************************************************
FOR SECRETARY OF STATE OFFICE USE ONLY
Date Received Date Approved Date Rejected
Reviewed by:
93041
COORDINATED ELECTIONS
NOVEMBER 2, 1993
TIMETABLE
For the Conduct of Coordinated Elections
July 27 Written plan submitted to governing body.
Sept 3 Election approved by governing body. (S.D. - Comm)
Aug 18 Submission of written plan to Secretary of State. (75 days prior)
Sept 3 LAST DAY for approval by Secretary of State. (15 days)
Oct 8-18 Notice of election to electorate.
Oct 22 Notice given to County Clerk/Assessor.
Oct 1 List of electors submitted to election official. (30 days prior)
Oct 8 Absentee opens.
Oct 8 Notice of close of registration. (25 days prior)
Oct 8-18 Ballots mailed. (15-25 days prior)
Oct 13 Supplemental list of electors submitted. (20 days prior)
Oct 28 Verification of ballots begins. (5 days prior)
Nov 2 ELECTION DAY.
Nov 4 Canvass dates. (7 days)
Nov 9 Certificates of election issued. (7 days)
93091 "
CITY OF
BRIGHTON
V
'aura
PIECE s Et
August 18, 1993 AU619 1993
GREELEY,CO
The Honorable Mary Ann Feuerstein
Weld County Clerk and Recorder
P. 0. Box 459
Greeley, Colorado 80632
RE: INTERGOVERNMENTAL AGREEMENT FOR 1993 COORDINATED ELECTION
Dear ;77 euerstein:
At their regular meeting last night, the Brighton City Council
voted to approve the intergovernmental agreement between our city
and the Weld County Clerk's office in order to facilitate this
year's coordinated election. Two sets of the agreement with
original signatures are enclosed for your signing. Please return
one completed document to the Brighton City Clerk's office.
If you need any further information or documentation, please call
me.
Sincerely,
Marianne Thomas, CMC
City Clerk
CC: Election File
Enclosure
22 South 4th Avenue - Brighton, Colorado 80601 - [303) 659-4050
930912
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
CITY OF FORT LUPTON
, hereinafter referred to
as "Jurisdiction", does hereby agree and contract with the Board of
County Commissioners of the County of Weld, hereinafter the
"Commissioners" and the Weld County Clerk and Recorder, hereinafter
referred to as "County Clerk" concerning the administration of the
November 2, 1993 coordinated mail ballot election conducted
pursuant to the Uniform Election Code of 1992 as amended by HB 93-
1255 and SB 93-135, (hereinafter "Code" ) , and the rules and
regulations promulgated thereunder, 8 C.C.R. 1505-1 . This
Agreement is not intended to address or modify statutory provisions
regarding voter registration.
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 on November 2, 1993 , and
WHEREAS, the County Clerk has chosen to conduct the
November 2 , 1993 election by mail, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated mail
ballot election coordinated by the County Clerk, and
WHEREAS, the County Clerk as the "coordinated election
official" pursuant to 8 C.C.R. 1505-1 SS 5 . 1 .4 and 5 .2 . 1 has agreed
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 SS 1-7-
116, 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:
1. The Jurisdiction encompasses territory within Weld and
County. This Agreement
shall be construed to apply only to that portion of the
Jurisdiction within Weld County.
2 . Term of Agreement
a. This Agreement is intended only to deal with the
conduct of the November 2, 1993 election.
3 . The Jurisdiction agrees to perform the following tasks
and activities: _
a. Receive initiated petitions for local ballot issues
where authorized by law, pursuant to S 1-40-109 (2) ,
C.R.S.
eleoc is 2309/.3-
b. Check signatures on initiated petitions and
determine and issue, where appropriate, a statement
of sufficiency, pursuant to 5 1-40-118( 1) , C.R.S.
c. Defend against protests filed with the District
Court, pursuant to S 1-40-118, C.R.S.
d. Issue call for nominations for non-partisan
elections, where applicable, pursuant to S 1-5-204,
C.R.S. , and 8 C.C.R. 1505-1 5 5.5. 1 .
e. Issue approval, where appropriate, of nominating
petitions, pursuant to S 1-4-903, C.R.S.
f. Receive candidate acceptance of nominations in
writing, pursuant to S 1-4-906, C.R.S.
g. Accept for filing notice of intention, petitions
for nomination, and affidavit of circulator,
pursuant to S5 1-4-804( 1) , 1-4-907 , and 22-31-107,
C.R.S.
h. Verify signatures on nominating petitions and hear
any protests of the nominating petitions within
five days after the petitions are filed, pursuant
to SS 1-4-501( 1) , 1-4-908( 1) (3) , and 1-4-909,
C.R.S.
i . Establish order of names and questions for
Jurisdiction' s portion of the ballot, pursuant to
SS 1-5-406 and 1-5-407 , C.R.S. , and 8 C.C.R. 1505-1
SS 5 .4 .2 and 5.4 . 3 .
j . Certify ballot content, including a list of
candidates, ballot title, and text, to County Clerk
at least 55 days prior to election, pursuant to 5
1-1-110( 3) and 8 C.C.R. 1505-1 SS 5 .4 . 1 and 5 .4 .2 .
k. Prepare for publication and timely provide to the
County Clerk text of notices or calls of election
of candidates or of measures and advise County
Clerk of number and place of any publication
required, if any, pursuant to 8 C.C.R. 1505-1 S 5 . 5
and the Jurisdiction' s requirements .
1. Accept written comments for and against ballot
issues pursuant to C.R.S. 5 1-40-125(2 ) (e) and
8 C.C.R. 1505-1 S 5 .4 .4 .2 and provide a copy of
comments filed in support with respect to Article
X, Section 20 of the Colorado Constitution ballot
issues to the proponents pursuant to 8 C.C.R. 1505-
1 S 5 .4 .4 . 3, no later than the Friday prior to the
30 days prior to the election. Accept summaries of
comments filed in support at least 28 days prior to
the election by 3 p.m. from the proponents pursuant
to 8 C.C.R. 1505-1 S 5.4 .4 .5 . Prepare a summary of
930912
comments in opposition and submit both summaries to
the County Clerk by close of business 25 days prior
to the election, pursuant to 8 C.C.R. 1505-1 SS
5.4 .4 . 6 and 5 .4 .4 .7 and § 1-7-116 (4 ) .
m. Accept affidavits of intent to be write-in
candidate up to 26 days prior to the election and
provide a list of valid affidavits received to the
County Clerk pursuant to C.R.S. S 1-4-1102 .
n. Prepare Article X, Section 20, Colorado Constitu-
tion notices and submit them to the County Clerk at
least 25 days prior to the election. Prepare
text, identify number and place for publication of
measures and/or notice of election, if required,
and advise County Clerk pursuant to C.R.S. S 1-40-
124 and 8 C.C.R. 1505-1 § 5.6 . 1.
o. Pay the sum of $. 25 per registered elector eligible
to vote in the Jurisdiction' s election as of the
final date of registration prior to the November 2,
1993 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 S
5 .4 .2 .2 , within 30 days of billing, regardless of
whether or not the election is actually held.
p. 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.
r. Approval of this Agreement shall constitute
approval of the mail ballot plan attached as
Exhibit "A" .
s . By approval of this Agreement, any municipality is
resolving not to use the provisions of the
Municipal Election Code.
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 official
and as coordinated election official pursuant to
8 C.C.R. 1505-1 § 5 .2 .
b. Obtain approval of the mail ballot plan Exhibit "A"
from the Secretary of State including all
930912
participating Jurisdictions, pursuant to 8 C.C.R.
1505-1 S 10. 1 .4 .
c. Circulate Article X, Section 20 of the Colorado
Constitution notice as needed by insertion in the
mail ballot pursuant to S 1-40-125(2) , C.R.S. and 8
C.C.R. 1505-1 S 5.6 . 1 . 1 . and arrange for publica-
tion as directed by the Jurisdiction, pursuant to
paragraph 3(1) and (n) of this Agreement.
d. Mail ballot packets pursuant to S 1-7 .5-107(3) (a)
and 8 C.C.R. 1505-1 S 10.7 between 25 and 15 days
prior to the date of election and provide replace-
ment ballots, pursuant to S 1-7 .5-107 (c) and (d) ,
C.R.S. , and 8 C.C.R. 1505-1 SS 10 . 10. 1(b) , 10 . 11,
and 10 . 13, as appropriate.
e. Provide absentee ballots, pursuant to S 1-7 .5-108,
C.R.S. , and 8 C.C.R. 1505-1 SS 10.8 and 11, as
appropriate.
f. Give notice to Jurisdiction of the number of
registered electors within the Jurisdiction as of
the effective date of cutoff for registration and
bill Jurisdiction at the rate of $ .25 per
registered elector, with a $200 minimum, for the
services pursuant to this Agreement.
g. Designate a "contact" to act as a primary liaison
or contact between the Jurisdiction and the County
Clerk.
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
In the event that any provision in this Agreement
conflicts with the Code or any other statute or
valid prior resolution duly adopted by the
Jurisdiction, this Agreement shall be modified to
conform to such law or resolution, but no
subsequent resolution of the Jurisdiction nor of
the County shall impair the rights of the County
Clerk or the Jurisdiction hereunder without the
consent of the other party to this Agreement.
c. Liquidated damages provision
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
930912
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 paragraph 3-o
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: 353-3840, Extension 3100, fax number:
353-1964, address : P.O. Box 459, Greeley, CO
80632; and the Jurisdiction notice shall be given
to the Jurisdiction at phone: 303-857-6694
fax: 303-867-0351 , address:
P. 0. BOX 148 FORT LUPTON, CO 80601
DATED this 11 day of AUGUST , 1993 .
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
I^/ OF THE COUNTY OF WELD
�y. V AA M Q �"1
a y A n Feuer tein Constance L. Harbert,/ Chairman
/�
APPROVED AS TO FORM: ATTEST: y '"a hj ' 1iG��_d� _
Clerk to the Boar of County
Co 'ssioners
Cou A441-1‘i eputy Clerk the Bo
930912
SECTION 3 (P)
DESIGNATED "ELECTION OFFICER" - BARBARA RODGERS, CITY CLERK FOR
THE CITY OF FORT LUPTON
CITY OF ORT L PTON
Eu ene S . e ids
M yor
ATTEST:
daat.
Barbara Rodgers ity of Fort Lupt n
City Clerk Attorney
C r2(lci o
WRITTEN PLAN
For the Conduct of Coordinated Mail Ballot Election
Submitted by: MARY ANN FEUERSTEIN
Election Administrator for: WELD COUNTY, COLORADO
1. Legal name of jurisdiction: WELD COUNTY. COLORADO
STATE INITIATIVE ELECTION; ALL SCHOOL DISTRICTS
2 . Type of jurisdiction: COUNTY GOVERNMENT - MUNICIPAL - SCHOOL DISTRICTS
SPECIAL DISTRICTS - JR. COLLEGE DISTRICT
3 . Description of election to be held:
X regular election
X special election on ballot issues
X School District Director
4 . Citation of statute authorizing election: 1-7 . 5-101 COLO ELECTION CODE
5. Estimated number of electors: 65, 000
6. Name of chief election administrator: MARY ANN FEUERSTEIN
7 . County Clerk and Recorder will:
only provide list of registered electors
X be responsible for the election
8. Number of places of deposit: 1
(If other than your office, list places and addresses on attached sheet. )
FOR EACH OF THE FOLLOWING, EXPLAIN WHAT YOU WILL DO:
9. If ballot packets are returned as undeliverable: Check in, maintain
ballots in file in secured, locked area in Election Dept.
10. Procedures/person(s) responsible for ensuring compliance with statutes and
rules: Regular sworn deputy clerks in Election Dept will issue, receive.
verify and account for all ballots.
11. Describe procedures to ensure ballot security:
Ballots will be kept locked in secured area prior to issue and upon
being voted and returned to Election Dept.
930912
For the Conduct of Coordinated Mail Ballot Election
Page 2
12 . Describe procedures for signature verification:
Return ballot envelopes will be verified against voter registration
including number of ballot mailed, date of return.
13 . Describe procedures to ensure secrecy of ballots:
Secrecy envelope will be provided with the official ballot mail out and
return envelope. At the time of processing for counting, the large stub
will be removed from the voted ballot before it is removed from the
secrecy envelope.
14 . Describe procedures to reconcile ballots (if other than recommended form) :
Recommended form will be used.
Date of Submission:
Election Administrator:
Signature:
Title: WELD COUNTY CLERK & RECORDER
******************************************************
BE SURE TO ENCLOSE YOUR WRITTEN TIMETABLE
******************************************************
FOR SECRETARY OF STATE OFFICE USE ONLY
Date Received Date Approved Date Rejected
Reviewed by:
930912
COORDINATED ELECTIONS
NOVEMBER 2, 1993
TIMETABLE
For the Conduct of Coordinated Elections
July 27 Written plan submitted to governing body.
Sept 3 Election approved by governing body. (S.D. - Comm)
Aug 18 Submission of written plan to Secretary of State. (75 days prior)
Sept 3 LAST DAY for approval by Secretary of State. (15 days)
Oct 8-18 Notice of election to electorate.
Oct 22 Notice given to County Clerk/Assessor.
Oct 1 List of electors submitted to election official. (30 days prior)
Oct 8 Absentee opens.
Oct 8 Notice of close of registration. (25 days prior)
Oct 8-18 Ballots mailed. (15-25 days prior)
Oct 13 Supplemental list of electors submitted. (20 days prior)
Oct 28 Verification of ballots begins. (5 days prior)
Nov 2 ELECTION DAY.
Nov 4 Canvass dates. (7 days)
Nov 9 Certificates of election issued. (7 days)
930912
OE FOOT [eft
IG = F3 � =ttp of fort Jtup ton 4 to , ~ WELD'` !'q P.O. BOX 148 COUNTY OF WELD
130 S. McKINLEY AVENUE
4r
FT. LUPTON, CO 80621 (303)857-6694
COLON�DO
August 17 , 1993
Mary Ann Feuerstein
Weld county Clerk and Recorder
P. O. Box 459
Greeley, CO 80631
Dear Mrs . Feuerstein :
Enclosed is the signed Intergovernmental Agreement for Conduct of
Coordinated Elections . When you have executed them for the
County, please return a copy to me.
Thank you .
Sincerely,.4.444:1A--- A4-4"/
Barbara Rodgers CMC
City Clerk
930912
�_. ,OUNT.
RECEIVED
Memorandum of Intergovernmental Agreement AU6 16 14
for Conduct of Coordinated Elections
GREELEY,CO
The Town of Frederick , hereinafter referred to
as "Jurisdiction" , does hereby agree and contract with the Board of
County Commissioners of the County of Weld, hereinafter the
"Commissioners" and the Weld County Clerk and Recorder, hereinafter
referred to as "County Clerk" concerning the administration of the
November 2, 1993 coordinated mail ballot election conducted
pursuant to the Uniform Election Code of 1992 as amended by HB 93-
1255 and SB 93-135, (hereinafter "Code" ) , and the rules and
regulations promulgated thereunder, 8 C.C.R. 1505-1. This
Agreement is not intended to address or modify statutory provisions
regarding voter registration.
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 on November 2, 1993 , and
WHEREAS, the County Clerk has chosen to conduct the
November 2, 1993 election by mail, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated mail
ballot election coordinated by the County Clerk, and
WHEREAS, the County Clerk as the "coordinated election
official" pursuant to 8 C.C.R. 1505-1 SS 5. 1 . 4 and 5.2 . 1 has agreed
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 SS 1-7-
116 , 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 :
1 . The Jurisdiction encompasses territory within Weldd
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx County. This Agreement
shall be construed to apply only to that portion of the
Jurisdiction within Weld County.
2 . Term of Agreement
a. This Agreement is intended only to deal with the
conduct of the November 2, 1993 election.
3 . The Jurisdiction agrees to perform the following tasks
and activities:
a. Receive initiated petitions for local ballot issues
where authorized by law, pursuant to S 1-40-109(2) ,
C.R.S.
m e-N a g3o9i3-
b. Check signatures on initiated petitions and
determine and issue, where appropriate, a statement
of sufficiency, pursuant to S 1-40-118 ( 1) , C.R.S.
c. Defend against protests filed with the District
Court, pursuant to S 1-40-118, C.R.S.
d. Issue call for nominations for non-partisan
elections, where applicable, pursuant to S 1-5-204,
C.R.S. , and 8 C.C.R. 1505-1 S 5.5 . 1 .
e. Issue approval, where appropriate, of nominating
petitions, pursuant to S 1-4-903, C.R.S.
f. Receive candidate acceptance of nominations in
writing, pursuant to S 1-4-906, C.R.S.
g. Accept for filing notice of intention, petitions
for nomination, and affidavit of circulator,
pursuant to SS 1-4-804( 1) , 1-4-907, and 22-31-107,
C.R.S.
h. Verify signatures on nominating petitions and hear
any protests of the nominating petitions within
five days after the petitions are filed, pursuant
to SS 1-4-501( 1) , 1-4-908( 1) (3) , and 1-4-909,
C.R.S.
i. Establish order of names and questions for
Jurisdiction' s portion of the ballot, pursuant to
SS 1-5-406 and 1-5-407, C.R.S. , and 8 C.C.R. 1505-1
SS 5 .4 .2 and 5 .4 . 3 .
j . Certify ballot content, including a list of
candidates, ballot title, and text, to County Clerk
at least 55 days prior to election, pursuant to S
1-1-110(3) and 8 C.C.R. 1505-1 SS 5 . 4 . 1 and 5 .4 .2 .
k. Prepare for publication and timely provide to the
County Clerk text of notices or calls of election
of candidates or of measures and advise County
Clerk of number and place of any publication
required, if any, pursuant to 8 C.C.R. 1505-1 S 5.5
and the Jurisdiction' s requirements .
1. Accept written comments for and against ballot
issues pursuant to C.R.S. S 1-40-125(2) (e) and
8 C.C.R. 1505-1 S 5 .4.4 .2 and provide a copy of
comments filed in support with respect to Article
X, Section 20 of the Colorado Constitution ballot
issues to the proponents pursuant to 8 C.C.R. 1505-
1 S 5.4 .4 .3, no later than the Friday prior to the
30 days prior to the election. Accept summaries of
comments filed in support at least 28 days prior to
the election by 3 p.m. from the proponents pursuant
to 8 C.C.R. 1505-1 S 5.4 .4 .5. Prepare a summary of
C `2(10'19
comments in opposition and submit both summaries to
the County Clerk by close of business 25 days prior
to the election, pursuant to 8 C.C.R. 1505-1 §S
5 . 4 . 4 . 6 and 5 .4 .4 . 7 and § 1-7-116(4 ) .
m. Accept affidavits of intent to be write-in
candidate up to 26 days prior to the election and
provide a list of valid affidavits received to the
County Clerk pursuant to C.R.S. § 1-4-1102 .
n. Prepare Article X, Section 20, Colorado Constitu-
tion notices and submit them to the County Clerk at
least 25 days prior to the election. Prepare
text, identify number and place for publication of
measures and/or notice of election, if required,
and advise County Clerk pursuant to C.R.S . S 1-40-
124 and 8 C.C.R. 1505-1 § 5. 6 . 1.
o. Pay the sum of $.25 per registered elector eligible
to vote in the Jurisdiction's election as of the
final date of registration prior to the November 2,
1993 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 S
5.4 .2 . 2, within 30 days of billing, regardless of
whether or not the election is actually held.
p. 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.
r. Approval of this Agreement shall constitute
approval of the mail ballot plan attached as
Exhibit "A" .
s . By approval of this Agreement, any municipality is
resolving not to use the provisions of the
Municipal Election Code.
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 official
and as coordinated election official pursuant to
8 C.C.R. 1505-1 S 5 .2.
b. Obtain approval of the mail ballot plan Exhibit "A"
from the Secretary of State including all
C ')flna Ara
participating Jurisdictions, pursuant to 8 C.C.R.
1505-1 § 10 . 1.4 .
c. Circulate Article X, Section 20 of the Colorado
Constitution notice as needed by insertion in the
mail ballot pursuant to § 1-40-125(2 ) , C.R. S . and 8
C.C.R. 1505-1 § 5 . 6 . 1 . 1. and arrange for publica-
tion as directed by the Jurisdiction, pursuant to
paragraph 3 (1) and (n) of this Agreement.
d. Mail ballot packets pursuant to S 1-7 .5-107 (3) (a)
and 8 C.C.R. 1505-1 § 10. 7 between 25 and 15 days
prior to the date of election and provide replace-
ment ballots, pursuant to § 1-7 .5-107 (c) and (d) ,
C.R.S. , and 8 C.C.R. 1505-1 §S 10 . 10 . 1 (b) , 10. 11,
and 10 . 13, as appropriate.
e. Provide absentee ballots, pursuant to S 1-7 . 5-108,
C.R.S. , and 8 C.C.R. 1505-1 §S 10 .8 and 11, as
appropriate.
f. Give notice to Jurisdiction of the number of
registered electors within the Jurisdiction as of
the effective date of cutoff for registration and
bill Jurisdiction at the rate of $. 25 per
registered elector, with a $200 minimum, for the
services pursuant to this Agreement.
g. Designate a "contact" to act as a primary liaison
or contact between the Jurisdiction and the County
Clerk.
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
In the event that any provision in this Agreement
conflicts with the Code or any other statute or
valid prior resolution duly adopted by the
Jurisdiction, this Agreement shall be modified to
conform to such law or resolution, but no
subsequent resolution of the Jurisdiction nor of
the County shall impair the rights of the County
Clerk or the Jurisdiction hereunder without the
consent of the other party to this Agreement.
c. Liquidated damages provision
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
930919
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 paragraph 3-o
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: 353-3840, Extension 3100, fax number:
353-1964, address : P.O. Box 459, Greeley, CO
80632; and the Jurisdiction notice shall be given
to the Jurisdiction at phone: 303-833-2388
fax: 303-833-3817 , address:
P.O. Box 435 Frederick, CO 80530
DATED this 12th day of August , 1993 .
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OFF THE COUNTY OF WELD
-1121(144n Feuerstein Constance-L. Har ert, Chairman
APPROVED AS TO FORM: ATTEST:
Clerk to the Boa of County
�y� Co issioners
ounty Attorney Deputy Clerk t the otg
330912
!J Town of Freder.ck
ea- t1cv�dlV �Gt! 41/91-b,c
Jurisdictio
ATTEST:-7"CdfctuanIN-- I Attorney for Jurisdiction 482
i c��.� ,1
olections.gjb
930912
WRITTEN PLAN
For the Conduct of Coordinated Mail Ballot Election
Submitted by: MARY ANN FEUERSTEIN
Election Administrator for: WELD COUNTY. COLORADO
1. Legal name of jurisdiction: WELD COUNTY, COLORADO
STATE INITIATIVE ELECTION; ALL SCHOOL DISTRICTS
2. Type of jurisdiction: COUNTY GOVERNMENT - MUNICIPAL - SCHOOL DISTRICTS
SPECIAL DISTRICTS - JR. COLLEGE DISTRICT
3 . Description of election to be held:
X regular election
X special election on ballot issues
X School District Director
4 . Citation of statute authorizing election: 1-7 . 5-101 COLO ELECTION CODE
5. Estimated number of electors: 65, 000
6. Name of chief election administrator: MARY ANN FEUERSTEIN
7 . County Clerk and Recorder will :
only provide list of registered electors
X be responsible for the election
8. Number of places of deposit: 1
(If other than your office, list places and addresses on attached sheet. )
FOR EACH OF THE FOLLOWING, EXPLAIN WHAT YOU WILL DO:
9. If ballot packets are returned as undeliverable: Check in. maintain
ballots in file in secured, locked area in Election Dept.
10. Procedures/person(s) responsible for ensuring compliance with statutes and
rules: Regular sworn deputy clerks in Election Dept will issue, receive.
verify and account for all ballots.
11. Describe procedures to ensure ballot security:
Ballots will be kept locked in secured area prior to issue and upon
being voted and returned to Election Dept.
930912
For the Conduct of Coordinated Mail Ballot Election
Page 2
12 . Describe procedures for signature verification:
Return ballot envelopes will be verified against voter registration
including number of ballot mailed, date of return.
13 . Describe procedures to ensure secrecy of ballots:
Secrecy envelope will be provided with the official ballot mail out and
return envelope. At the time of processing for counting, the large stub
will be removed from the voted ballot before it is removed from the
secrecy envelope.
14 . Describe procedures to reconcile ballots (if other than recommended form) :
Recommended form will be used.
Date of Submission:
Election Administrator:
Signature:
Title: WELD COUNTY CLERK & RECORDER
******************************************************
BE SURE TO ENCLOSE YOUR WRITTEN TIMETABLE
******************************************************
FOR SECRETARY OF STATE OFFICE USE ONLY
Date Received Date Approved Date Rejected
Reviewed by:
930912
COORDINATED ELECTIONS
NOVEMBER 2, 1993
TIMETABLE
For the Conduct of Coordinated Elections
July 27 Written plan submitted to governing body.
Sept 3 Election approved by governing body. (S.D. - Comm)
Aug 18 Submission of written plan to Secretary of State. (75 days prior)
Sept 3 LAST DAY for approval by Secretary of State. (15 days)
Oct 8-18 Notice of election to electorate.
Oct 22 Notice given to County Clerk/Assessor.
Oct 1 List of electors submitted to election official. (30 days prior)
Oct 8 Absentee opens.
Oct 8 Notice of close of registration. (25 days prior)
Oct 8-18 Ballots mailed. (15-25 days prior)
Oct 13 Supplemental list of electors submitted. (20 days prior)
Oct 28 Verification of ballots begins. (5 days prior)
Nov 2 ELECTION DAY.
Nov 4 Canvass dates. (7 days)
Nov 9 Certificates of election issued. (7 days)
930912
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Ou)n OP I ' 1 t 11 i ICf r 1 , hereinafter referred to
as "Jurisdiction" , does hereby agree and contract with the Board of
County Commissioners of the County of Weld, hereinafter the
"Commissioners" and the Weld County Clerk and Recorder, hereinafter
referred to as "County Clerk" concerning the administration of the
November 2, 1993 coordinated mail ballot election conducted
pursuant to the Uniform Election Code of 1992 as amended by HB 93-
1255 and SB 93-135, (hereinafter "Code" ) , and the rules and
regulations promulgated thereunder, 8 C.C.R. 1505-1. This
Agreement is not intended to address or modify statutory provisions
regarding voter registration.
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 on November 2, 1993 , and
WHEREAS, the County Clerk has chosen to conduct the
November 2, 1993 election by mail, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated mail
ballot election coordinated by the County Clerk, and
WHEREAS, the County Clerk as the "coordinated election
official" pursuant to 8 C.C.R. 1505-1 SS 5. 1 .4 and 5 .2 . 1 has agreed
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 §S 1-7-
116, 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 :
1. The Jurisdiction encompasses territory within Weld -a-nd
County. This Agreement
shall be construed to apply only to that portion of the
Jurisdiction within Weld County.
2 . Term of Agreement
a. This Agreement is intended only to deal with the
conduct of the November 2, 1993 election.
3 . The Jurisdiction agrees to perform the following tasks
and activities:
a. Receive initiated petitions for local ballot issues
where authorized by law, pursuant to § 1-40-109(2) ,
C.R.S.
O16611, 9 'aq/)-
b. Check signatures on initiated petitions and
determine and issue, where appropriate, a statement
of sufficiency, pursuant to § 1-40-118( 1) , C.R.S.
c. Defend against protests filed with the District
Court, pursuant to S 1-40-118, C.R.S.
d. Issue call for nominations for non-partisan
elections, where applicable, pursuant to § 1-5-204,
C.R.S. , and 8 C.C.R. 1505-1 S 5.5. 1 .
e. Issue approval, where appropriate, of nominating
petitions, pursuant to § 1-4-903, C.R.S.
f. Receive candidate acceptance of nominations in
writing, pursuant to § 1-4-906, C.R.S.
g. Accept for filing notice of intention, petitions
for nomination, and affidavit of circulator,
pursuant to §S 1-4-804 ( 1) , 1-4-907, and 22-31-107,
C.R.S.
h. Verify signatures on nominating petitions and hear
any protests of the nominating petitions within
five days after the petitions are filed, pursuant
to SS 1-4-501( 1) , 1-4-908( 1) ( 3) , and 1-4-909,
C.R.S.
i . Establish order of names and questions for
Jurisdiction's portion of the ballot, pursuant to
SS 1-5-406 and 1-5-407, C.R.S. , and 8 C.C.R. 1505-1
SS 5.4 .2 and 5 .4 . 3 .
j . Certify ballot content, including a list of
candidates, ballot title, and text, to County Clerk
at least 55 days prior to election, pursuant to §
1-1-110(3) and 8 C.C.R. 1505-1 SS 5 .4 . 1 and 5 .4 . 2 .
k. Prepare for publication and timely provide to the
County Clerk text of notices or calls of election
of candidates or of measures and advise County
Clerk of number and place of any publication
required, if any, pursuant to 8 C.C.R. 1505-1 § 5 .5
and the Jurisdiction's requirements.
1 . Accept written comments for and against ballot
issues pursuant to C.R.S. § 1-40-125(2) (e) and
8 C.C.R. 1505-1 S 5 .4 .4 . 2 and provide a copy of
comments filed in support with respect to Article
X, Section 20 of the Colorado Constitution ballot
issues to the proponents pursuant to B C.C.R. 1505-
1 § 5 .4 .4 . 3, no later than the Friday prior to the
30 days prior to the election. Accept summaries of
comments filed in support at least 28 days prior to
the election by 3 p.m. from the proponents pursuant
to 8 C.C.R. 1505-1 § 5 .4 .4 .5. Prepare a summary of
930912
comments in opposition and submit both summaries to
the County Clerk by close of business 25 days prior
to the election, pursuant to 8 C.C.R. 1505-1 SS
5 .4 .4 . 6 and 5 .4 .4 . 7 and S 1-7-116(4) .
m. Accept affidavits of intent to be write-in
candidate up to 26 days prior to the election and
provide a list of valid affidavits received to the
County Clerk pursuant to C.R.S. S 1-4-1102 .
n. Prepare Article X, Section 20, Colorado Constitu-
tion notices and submit them to the County Clerk at
least 25 days prior to the election. Prepare
text, identify number and place for publication of
measures and/or notice of election, if required,
and advise County Clerk pursuant to C.R.S. S 1-40-
124 and 8 C.C.R. 1505-1 S 5. 6 . 1 .
o. Pay the sum of $ .25 per registered elector eligible
to vote in the Jurisdiction's election as of the
final date of registration prior to the November 2,
1993 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 S
5.4 .2 .2, within 30 days of billing, regardless of
whether or not the election is actually held.
p. 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.
r. Approval of this Agreement shall constitute
approval of the mail ballot plan attached as
Exhibit "A" .
s. By approval of this Agreement, any municipality is
resolving not to use the provisions of the
Municipal Election Code.
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 official
and as coordinated election official pursuant to
8 C.C.R. 1505-1 S 5.2 .
b. Obtain approval of the mail ballot plan Exhibit "A"
from the Secretary of State including all
930912
participating Jurisdictions, pursuant to 8 C.C.R.
1505-1 S 10 . 1 .4 .
c. Circulate Article X, Section 20 of the Colorado
Constitution notice as needed by insertion in the
mail ballot pursuant to S 1-40-125(2) , C.R.S. and 8
C.C.R. 1505-1 S 5 . 6 . 1 . 1. and arrange for publica-
tion as directed by the Jurisdiction, pursuant to
paragraph 3( 1) and (n) of this Agreement.
d. Mail ballot packets pursuant to $ 1-7 .5-107(3) (a)
and 8 C.C.R. 1505-1 S 10. 7 between 25 and 15 days
prior to the date of election and provide replace-
ment ballots, pursuant to S 1-7 .5-107(c) and (d) ,
C.R.S. , and 8 C.C.R. 1505-1 SS 10. 10. 1(b) , 10. 11,
and 10. 13, as appropriate.
e. Provide absentee ballots, pursuant to S 1-7 .5-108,
C.R.S. , and 8 C.C.R. 1505-1 SS 10 . 8 and 11, as
appropriate.
f. Give notice to Jurisdiction of the number of
registered electors within the Jurisdiction as of
the effective date of cutoff for registration and
bill Jurisdiction at the rate of $.25 per
registered elector, with a $200 minimum, for the
services pursuant to this Agreement.
g. Designate a "contact" to act as a primary liaison
or contact between the Jurisdiction and the County
Clerk.
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
In the event that any provision in this Agreement
conflicts with the Code or any other statute or
valid prior resolution duly adopted by the
Jurisdiction, this Agreement shall be modified to
conform to such law or resolution, but no
subsequent resolution of the Jurisdiction nor of
the County shall impair the rights of the County
Clerk or the Jurisdiction hereunder without the
consent of the other party to this Agreement.
c. Liquidated damages provision
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
930912
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 paragraph 3-o
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: 353-3840, Extension 3100, fax number:
353-1964 , address : P.O. Box 459, Greeley, CO
80632; and the Jurisdiction notice shall be given 1
to the Jurisdiction� at phone: 58744331 /`lar ,2b e 2J,4? /c2
f44: Sr/ , address ;
P.O BOX � jD� TY); / h;kc✓1 CO WOOL/3
DATED this (,45th day of A...15/,LS"1- , 1993 .
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
r nn ^euerstein Constance L. Harbert, Chairman
APPROVED AS TO FORM: ATTEST:
Clerk to the Board of County
Commissioners
Co3 ney uty Cler o the
930912
Juri ction
ATTEST: , ^_ /
Attorney for Jurisdiction ���^ ��//r/UJ
electione.gjb
V/
930912
WRITTEN PLAN
For the Conduct of Coordinated Mail Ballot Election
Submitted by: MARY ANN FEUERSTEIN
Election Administrator for: WELD COUNTY, COLORADO
1. Legal name of jurisdiction: WELD COUNTY, COLORADO
STATE INITIATIVE ELECTION; ALL SCHOOL DISTRICTS
2 . Type of jurisdiction: COUNTY GOVERNMENT - MUNICIPAL - SCHOOL DISTRICTS
SPECIAL DISTRICTS - JR. COLLEGE DISTRICT
3 . Description of election to be held:
X regular election
X special election on ballot issues
X School District Director
4 . Citation of statute authorizing election: 1-7 .5-101 COLO ELECTION CODE
5. Estimated number of electors: 65, 000
6. Name of chief election administrator: MARY ANN FEUERSTEIN
7 . County Clerk and Recorder will :
only provide list of registered electors
X be responsible for the election
8. Number of places of deposit: 1
(If other than your office, list places and addresses on attached sheet. )
FOR EACH OF THE FOLLOWING, EXPLAIN WHAT YOU WILL DO:
9. If ballot packets are returned as undeliverable: Check in, maintain
ballots in file in secured, locked area in Election Dept.
10. Procedures/person(s) responsible for ensuring compliance with statutes and
rules: Regular sworn deputy clerks in Election Dept will issue, receive,
verify and account for all ballots.
11. Describe procedures to ensure ballot security:
Ballots will be kept locked in secured area prior to issue and upon
being voted and returned to Election Dept.
930912
For the Conduct of Coordinated Mail Ballot Election
Page 2
12. Describe procedures for signature verification:
Return ballot envelopes will be verified against voter registration
including number of ballot mailed, date of return.
13. Describe procedures to ensure secrecy of ballots:
Secrecy envelope will be provided with the official ballot mail out and
return envelope. At the time of processing for counting. the large stub
will be removed from the voted ballot before it is removed from the
secrecy envelope.
14. Describe procedures to reconcile ballots (if other than recommended form) :
Recommended form will be used.
Date of Submission:
Election Administrator:
Signature:
Title: WELD COUNTY CLERK & RECORDER
******************************************************
BE SURE TO ENCLOSE YOUR WRITTEN TIMETABLE
******************************************************
FOR SECRETARY OF STATE OFFICE USE ONLY
Date Received Date Approved Date Rejected
Reviewed by:
930912
COORDINATED ELECTIONS
NOVEMBER 2, 1993
TIMETABLE
For the Conduct of Coordinated Elections
July 27 Written plan submitted to governing body.
Sept 3 Election approved by governing body. (S.D. - Comm)
Aug 18 Submission of written plan to Secretary of State. (75 days prior)
Sept 3 LAST DAY for approval by Secretary of State. (15 days)
Oct 8-18 Notice of election to electorate.
Oct 22 Notice given to County Clerk/Assessor.
Oct 1 List of electors submitted to election official. (30 days prior)
Oct 8 Absentee opens.
Oct 8 Notice of close of registration. (25 days prior)
Oct 8-18 Ballots mailed. (15-25 days prior)
Oct 13 Supplemental list of electors submitted. (20 days prior)
Oct 28 Verification of ballots begins. (5 days prior)
Nov 2 ELECTION DAY.
Nov 4 Canvass dates. (7 days)
Nov 9 Certificates of election issued. (7 days)
930912
Memorandum of Intergovernmental Agreement
�Ifor Conduct� 1 of Coordinated Elections
TOcv/v CI' /V Gt /v/O , hereinafter referred to
as "Jurisdiction" , does hereby agree and contract with the Board of
County Commissioners of the County of Weld, hereinafter the
"Commissioners" and the Weld County Clerk and Recorder, hereinafter
referred to as "County Clerk" concerning the administration of the
November 2, 1993 coordinated mail ballot election conducted
pursuant to the Uniform Election Code of 1992 as amended by HB 93-
1255 and SB 93-135, (hereinafter "Code" ) , and the rules and
regulations promulgated thereunder, 8 C.C.R. 1505-1 . This
Agreement is not intended to address or modify statutory provisions
regarding voter registration.
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 on November 2, 1993 , and
WHEREAS, the County Clerk has chosen to conduct the
November 2, 1993 election by mail, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated mail
ballot election coordinated by the County Clerk, and
WHEREAS, the County Clerk as the "coordinated election
official" pursuant to 8 C.C.R. 1505-1 SS 5. 1.4 and 5.2 . 1 has agreed
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 SS 1-7-
116, 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 :
1 . The Jurisdiction encompasses territory within Weld and
County. This Agreement
shall be construed to apply only to that portion of the
Jurisdiction within Weld County.
2 . Term of Agreement
a. This Agreement is intended only to deal with the
conduct of the November 2, 1993 election.
3 . The Jurisdiction agrees to perform the following tasks
and activities:
a. Receive initiated petitions for local ballot issues
where authorized by law, pursuant to S 1-40-109(2) ,
C.R.S.
b. Check signatures on initiated petitions and
determine and issue, where appropriate, a statement
of sufficiency, pursuant to § 1-40-118( 1) , C.R.S.
c. Defend against protests filed with the District
Court, pursuant to S 1-40-118, C.R.S.
d. Issue call for nominations for non-partisan
elections, where applicable, pursuant to § 1-5-204,
C.R.S. , and 8 C.C.R. 1505-1 S 5 .5 . 1 .
e. Issue approval, where appropriate, of nominating
petitions, pursuant to § 1-4-903, C.R.S.
f. Receive candidate acceptance of nominations in
writing, pursuant to S 1-4-906, C.R.S.
g. Accept for filing notice of intention, petitions
for nomination, and affidavit of circulator,
pursuant to SS 1-4-804( 1) , 1-4-907, and 22-31-107,
C.R.S.
h. Verify signatures on nominating petitions and hear
any protests of the nominating petitions within
five days after the petitions are filed, pursuant
to SS 1-4-501( 1) , 1-4-908( 1) (3) , and 1-4-909,
C.R.S.
i . Establish order of names and questions for
Jurisdiction's portion of the ballot, pursuant to
SS 1-5-406 and 1-5-407, C.R.S. , and 8 C.C.R. 1505-1
SS 5 .4 .2 and 5. 4 . 3 .
j . Certify ballot content, including a list of
candidates, ballot title, and text, to County Clerk
at least 55 days prior to election, pursuant to S
1-1-110(3) and 8 C.C.R. 1505-1 SS 5 .4 . 1 and 5 .4 .2 .
k. Prepare for publication and timely provide to the
County Clerk text of notices or calls of election
of candidates or of measures and advise County
Clerk of number and place of any publication
required, if any, pursuant to 8 C.C.R. 1505-1 S 5.5
and the Jurisdiction's requirements .
1 . Accept written comments for and against ballot
issues pursuant to C.R.S. S 1-40-125(2) (e) and
8 C.C.R. 1505-1 S 5 .4 .4 .2 and provide a copy of
comments filed in support with respect to Article
X, Section 20 of the Colorado Constitution ballot
issues to the proponents pursuant to 8 C.C.R. 1505-
1 S 5 .4 .4 . 3, no later than the Friday prior to the
30 days prior to the election. Accept summaries of
comments filed in support at least 28 days prior to
the election by 3 p.m. from the proponents pursuant
to 8 C.C.R. 1505-1 S 5. 4 .4 .5. Prepare a summary of
930912
comments in opposition and submit both summaries to
the County Clerk by close of business 25 days prior
to the election, pursuant to 8 C.C.R. 1505-1 SS
5 .4 .4 .6 and 5 .4 .4 . 7 and S 1-7-116 (4 ) .
m. Accept affidavits of intent to be write-in
candidate up to 26 days prior to the election and
provide a list of valid affidavits received to the
County Clerk pursuant to C.R.S. S 1-4-1102 .
n. Prepare Article X, Section 20, Colorado Constitu-
tion notices and submit them to the County Clerk at
least 25 days prior to the election. Prepare
text, identify number and place for publication of
measures and/or notice of election, if required,
and advise County Clerk pursuant to C.R.S. S 1-40-
124 and 8 C.C.R. 1505-1 S 5 .6 . 1.
o. Pay the sum of $ .25 per registered elector eligible
to vote in the Jurisdiction' s election as of the
final date of registration prior to the November 2,
1993 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 S
5.4 .2 .2, within 30 days of billing, regardless of
whether or not the election is actually held.
p. 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.
r. Approval of this Agreement shall constitute
approval of the mail ballot plan attached as
Exhibit "A" .
s . By approval of this Agreement, any municipality is
resolving not to use the provisions of the
Municipal Election Code.
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 official
and as coordinated election official pursuant to
8 C.C.R. 1505-1 S 5 .2 .
b. Obtain approval of the mail ballot plan Exhibit "A"
from the Secretary of State including all
930912
participating Jurisdictions, pursuant to 8 C.C.R.
1505-1 S 10. 1 .4 .
c. Circulate Article X, Section 20 of the Colorado
Constitution notice as needed by insertion in the
mail ballot pursuant .to S 1-40-125(2) , C.R.S. and 8
C.C.R. 1505-1 S 5 . 6 . 1 . 1 . and arrange for publica-
tion as directed by the Jurisdiction, pursuant to
paragraph 3(1) and (n) of this Agreement.
d. Mail ballot packets pursuant to S 1-7 .5-107(3) (a)
and 8 C.C.R. 1505-1 S 10. 7 between 25 and 15 days
prior to the date of election and provide replace-
ment ballots, pursuant to S 1-7 .5-107(c) and (d) ,
C.R.S. , and 8 C.C.R. 1505-1 SS 10 . 10. 1(b) , 10. 11,
and 10. 13, as appropriate.
e. Provide absentee ballots, pursuant to S 1-7 .5-108,
C.R.S. , and 8 C.C.R. 1505-1 SS 10. 8 and 11, as
appropriate.
f. Give notice to Jurisdiction of the number of
registered electors within the Jurisdiction as of
the effective date of cutoff for registration and
bill Jurisdiction at the rate of $.25 per
registered elector, with a $200 minimum, for the
services pursuant to this Agreement.
g. Designate a "contact" to act as a primary liaison
or contact between the Jurisdiction and the County
Clerk.
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
In the event that any provision in this Agreement
conflicts with the Code or any other statute or
valid prior resolution duly adopted by the
Jurisdiction, this Agreement shall be modified to
conform to such law or resolution, but no
subsequent resolution of the Jurisdiction nor of
the County shall impair the rights of the County
Clerk or the Jurisdiction hereunder without the
consent of the other party to this Agreement.
c. Liquidated damages provision
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
9;30912
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 paragraph 3-o
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: 353-3840, Extension 3100, fax number:
353-1964, address : P.O. Box 459, Greeley, CO
80632; and the Jurisdiction notice shall be given
to the Jurisdiction at phone: 197-,.23J ,
fax: / , address :
1,95" , /NCO//U 4.s 44, ✓ , re) ,o6 fro? .
DATED this c2 day of 24U _ Lems. , 1993 .
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
n OF TTHE COUNTY OF WELD‘71IZi 711 A o.�,e. r�1 C`/7
Ma A Feuers ein Constance L. Harbert, Chairman
APPROVED AS TO FORM: ATTEST: / �G/2h
Clerk to the Board of County
�-� Commissioners /
-2 _,
/
Cou y e uty Clerk o the B
930912
Tom, �/l/�.,....�
Jurisdiction
ATTEST:
Attorney for Jurisdiction
electione.gjb
930912
WRITTEN PLAN
For the Conduct of Coordinated Mail Ballot Election
Submitted by: MARY ANN FEUERSTEIN
Election Administrator for: WELD COUNTY, COLORADO
1. Legal name of jurisdiction: WELD COUNTY, COLORADO
STATE INITIATIVE ELECTION; ALL SCHOOL DISTRICTS
2 . Type of jurisdiction: COUNTY GOVERNMENT - MUNICIPAL - SCHOOL DISTRICTS
SPECIAL DISTRICTS - JR. COLLEGE DISTRICT
3 . Description of election to be held:
X regular election
X special election on ballot issues
X School District Director
4 . Citation of statute authorizing election: 1-7. 5-101 COLO ELECTION CODE
5. Estimated number of electors: 65, 000
6. Name of chief election administrator: MARY ANN FEUERSTEIN
7. County Clerk and Recorder will:
only provide list of registered electors
X be responsible for the election
8. Number of places of deposit: 1
(If other than your office, list places and addresses on attached sheet. )
FOR EACH OF THE FOLLOWING, EXPLAIN WHAT YOU WILL DO:
9. If ballot packets are returned as undeliverable: Check in, maintain
ballots in file in secured, locked area in Election Dept.
10. Procedures/person(s) responsible for ensuring compliance with statutes and
rules: Regular sworn deputy clerks in Election Dept will issue. receive.
verify and account for all ballots.
11. Describe procedures to ensure ballot security:
Ballots will be kept locked in secured area prior to issue and upon
being voted and returned to Election Dept.
930912
For the Conduct of Coordinated Mail Ballot Election
Page 2
12 . Describe procedures for signature verification:
Return ballot envelopes will be verified against voter registration
including number of ballot mailed, date of return.
13 . Describe procedures to ensure secrecy of ballots:
Secrecy envelope will be provided with the official ballot mail out and
return envelope. At the time of processing for counting, the large stub
will be removed from the voted ballot before it is removed from the
secrecy envelope.
14 . Describe procedures to reconcile ballots (if other than recommended form) :
Recommended form will be used.
Date of Submission:
Election Administrator:
Signature:
Title: WELD COUNTY CLERK & RECORDER
******************************************************
BE SURE TO ENCLOSE YOUR WRITTEN TIMETABLE
******************************************************
FOR SECRETARY OF STATE OFFICE USE ONLY
Date Received Date Approved Date Rejected
Reviewed by:
93u912
COORDINATED ELECTIONS
NOVEMBER 2, 1993
TIMETABLE
For the Conduct of Coordinated Elections
July 27 Written plan submitted to governing body.
Sept 3 Election approved by governing body. (S.D. - Comm)
Aug 18 Submission of written plan to Secretary of State. (75 days prior)
Sept 3 LAST DAY for approval by Secretary of State. (15 days)
Oct 8-18 Notice of election to electorate.
Oct 22 Notice given to County Clerk/Assessor.
Oct 1 List of electors submitted to election official. (30 days prior)
Oct 8 Absentee opens.
Oct 8 Notice of close of registration. (25 days prior)
Oct 8-18 Ballots mailed. (15-25 days prior)
Oct 13 Supplemental list of electors submitted. (20 days prior)
Oct 28 Verification of ballots begins. (5 days prior)
Nov 2 ELECTION DAY.
Nov 4 Canvass dates. (7 days)
Nov 9 Certificates of election issued. (7 days)
930912
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
THE TOWN OF PLATTEVILLE , hereinafter referred to
as "Jurisdiction" , does hereby agree and contract with the Board of
County Commissioners of the County of Weld, hereinafter the
"Commissioners" and the Weld County Clerk and Recorder, hereinafter
referred to as "County Clerk" concerning the administration of the
November 2, 1993 coordinated mail ballot election conducted
pursuant to the Uniform Election Code of 1992 as amended by HB 93-
1255 and SB 93-135, (hereinafter "Code" ) , and the rules and
regulations promulgated thereunder, 8 C.C.R. 1505-1 . This
Agreement is not intended to address or modify statutory provisions
regarding voter registration.
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 on November 2, 1993 , and
WHEREAS, the County Clerk has chosen to conduct the
November 2, 1993 election by mail, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated mail
ballot election coordinated by the County Clerk, and
WHEREAS, the County Clerk as the "coordinated election
official" pursuant to 8 C.C.R. 1505-1 SS 5 . 1.4 and 5 .2 . 1 has agreed
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 SS 1-7-
116, 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 :
1 . The Jurisdiction encompasses territory within Weld -and-
County. This Agreement
shall be construed to apply only to that portion of the
Jurisdiction within Weld County.
2 . Term of Agreement
a. This Agreement is intended only to deal with the
conduct of the November 2, 1993 election.
3 . The Jurisdiction agrees to perform the following tasks
and activities:
a. Receive initiated petitions for local ballot issues
where authorized by law, pursuant to S 1-40-109(2) ,
C.R.S.
b. Check signatures on initiated petitions and
determine and issue, where appropriate, a statement
of sufficiency, pursuant to § 1-40-118( 1) , C.R.S.
c. Defend against protests filed with the District
Court, pursuant to § 1-40-118, C.R.S.
d. Issue call for nominations for non-partisan
elections, where applicable, pursuant to § 1-5-204,
C.R.S. , and 8 C.C.R. 1505-1 S 5.5 . 1 .
e. Issue approval, where appropriate, of nominating
petitions, pursuant to § 1-4-903, C.R.S.
f. Receive candidate acceptance of nominations in
writing, pursuant to § 1-4-906, C.R.S.
g. Accept for filing notice of intention, petitions
for nomination, and affidavit of circulator,
pursuant to §§ 1-4-804 ( 1) , 1-4-907, and 22-31-107,
C.R.S.
h. Verify signatures on nominating petitions and hear
any protests of the nominating petitions within
five days after the petitions are filed, pursuant
to §S 1-4-501( 1) , 1-4-908( 1) (3) , and 1-4-909,
C.R.S.
i . Establish order of names and questions for
Jurisdiction's portion of the ballot, pursuant to
SS 1-5-406 and 1-5-407, C.R. S. , and 8 C.C.R. 1505-1
SS 5 .4 . 2 and 5.4 . 3 .
j . Certify ballot content, including a list of
candidates, ballot title, and text, to County Clerk
at least 55 days prior to election, pursuant to S
1-1-110(3) and 8 C.C.R. 1505-1 SS 5 . 4 . 1 and 5 .4 .2 .
k. Prepare for publication and timely provide to the
County Clerk text of notices or calls of election
of candidates or of measures and advise County
Clerk of number and place of any publication
required, if any, pursuant to 8 C.C.R. 1505-1 § 5.5
and the Jurisdiction's requirements.
1 . Accept written comments for and against ballot
issues pursuant to C.R.S. § 1-40-125(2) (e) and
8 C.C.R. 1505-1 S 5 .4 .4 .2 and provide a copy of
comments filed in support with respect to Article
X, Section 20 of the Colorado Constitution ballot
issues to the proponents pursuant to 8 C.C.R. 1505-
1 S 5.4 .4 .3, no later than the Friday prior to the
30 days prior to the election. Accept summaries of
comments filed in support at least 28 days prior to
the election by 3 p.m. from the proponents pursuant
to 8 C.C.R. 1505-1 § 5 .4 .4 .5. Prepare a summary of
930912
comments in opposition and submit both summaries to
the County Clerk by close of business 25 days prior
to the election, pursuant to 8 C.C.R. 1505-1 SS
5 .4 .4 . 6 and 5 .4 .4 .7 and S 1-7-116 (4 ) .
m. Accept affidavits of intent to be write-in
candidate up to 26 days prior to the election and
provide a list of valid affidavits received to the
County Clerk pursuant to C.R.S. S 1-4-1102 .
n. Prepare Article X, Section 20, Colorado Constitu-
tion notices and submit them to the County Clerk at
least 25 days prior to the election. Prepare
text, identify number and place for publication of
measures and/or notice of election, if required,
and advise County Clerk pursuant to C.R.S. S 1-40-
124 and 8 C.C.R. 1505-1 S 5 .6 . 1.
o. Pay the sum of $ .25 per registered elector eligible
to vote in the Jurisdiction' s election as of the
final date of registration prior to the Novembera2,
1993 election, with a $200 minimum, plus
ny
additional costs pursuant to 8 C.C.R. 1505-1 S
5.4 . 2 .2, within 30 days of billing, regardless of
whether or not the election is actually held.
p. 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.
r. Approval of this Agreement shall constitute
approval of the mail ballot plan attached as
Exhibit "A" .
s . By approval of this Agreement, any municipality is
resolving not to use the provisions of the
Municipal Election Code.
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 official
and as coordinated election official pursuant to
8 C.C.R. 1505-1 S 5 .2 .
b. Obtain approval of the mail ballot plan Exhibit "A"
from the Secretary of State including all
930912
participating Jurisdictions, pursuant to 8 C.C.R.
1505-1 S 10 . 1 .4 .
c. Circulate Article X, Section 20 of the Colorado
Constitution notice as needed by insertion in the
mail ballot pursuant to S 1-40-125(2) , C.R.S. and 8
C.C.R. 1505-1 S 5 .6 . 1 . 1 . and arrange for publica-
tion as directed by the Jurisdiction, pursuant to
paragraph 3(1) and (n) of this Agreement.
d. Mail ballot packets pursuant to S 1-7 .5-107(3) (a)
and 8 C.C.R. 1505-1 S 10. 7 between 25 and 15 days
prior to the date of election and provide replace-
ment ballots, pursuant to S 1-7 .5-107(c) and (d) ,
C.R.S. , and 8 C.C.R. 1505-1 SS 10. 10 . 1(b) , 10 . 11,
and 10. 13, as appropriate.
e. Provide absentee ballots, pursuant to S 1-7 . 5-108,
C.R.S. , and 8 C.C.R. 1505-1 SS 10. 8 and 11, as
appropriate.
f. Give notice to Jurisdiction of the number of
registered electors within the Jurisdiction as of
the effective date of cutoff for registration and
bill Jurisdiction at the rate of $.25 per
registered elector, with a $200 minimum, for the
services pursuant to this Agreement.
g. Designate a "contact" to act as a primary liaison
or contact between the Jurisdiction and the County
Clerk.
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
In the event that any provision in this Agreement
conflicts with the Code or any other statute or
valid prior resolution duly adopted by the
Jurisdiction, this Agreement shall be modified to
conform to such law or resolution, but no
subsequent resolution of the Jurisdiction nor of
the County shall impair the rights of the County
Clerk or the Jurisdiction hereunder without the
consent of the other party to this Agreement.
c. Liquidated damages provision
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
93O4i 9
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 paragraph 3-o
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: 353-3840, Extension 3100, fax number:
353-1964, address : P.O. Box 459, Greeley, CO
80632; and the Jurisdiction notice shall be given
to the Jurisdiction at phone: 785-2245
fax: 785-2144 call to have switched to tax , address:
411 Goodrich Avenue, Platteville, CO 80651
DATED this 24th day of August , 1993 .
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
Ain
41 AD 4 A/ .t lvt d l -171 %�Ql�!it� A/1 .A./ 1
Many Ain Feuetstein Constance L. Harbert, Chairman
APPROVED I AS TO FORM: ATTEST:
Clerk to the Board of County
Co ssioners
Cou Attorney I 1----Deputy Clerk o the Boa d—
930912
TOWN OF PLATTEVILLE, COLORADO
Jurisdiction
ATTEST:
OLeffOih&j
.l.Msons.gjb
930912
WRITTEN PLAN
For the Conduct of Coordinated Mail Ballot Election
Submitted by: MARY ANN FEUERSTEIN
Election Administrator for: WELD COUNTY. COLORADO
1. Legal name of jurisdiction: WELD COUNTY, COLORADO
STATE INITIATIVE ELECTION; ALL SCHOOL DISTRICTS
2 . Type of jurisdiction: COUNTY GOVERNMENT - MUNICIPAL - SCHOOL DISTRICTS
SPECIAL DISTRICTS - JR. COLLEGE DISTRICT
3 . Description of election to be held:
X regular election
X special election on ballot issues
X School District Director
4 . Citation of statute authorizing election: 1-7.5-101 COLO ELECTION CODE
5. Estimated number of electors: 65. 000
6. Name of chief election administrator: MARY ANN FEUERSTEIN
7. County Clerk and Recorder will :
only provide list of registered electors
X be responsible for the election
8. Number of places of deposit: 1
(If other than your office, list places and addresses on attached sheet. )
FOR EACH OF THE FOLLOWING, EXPLAIN WHAT YOU WILL DO:
9. If ballot packets are returned as undeliverable: Check in. maintain
ballots in file in secured, locked area in Election Dept.
10. Procedures/person(s) responsible for ensuring compliance with statutes and
rules: Regular sworn deputy clerks in Election Dent will issue, receive.
verify and account for all ballots.
11. Describe procedures to ensure ballot security:
Ballots will be kept locked in secured area prior to issue and upon
being voted and returned to Election Dept.
930912
For the Conduct of Coordinated Mail Ballot Election
Page 2
12 . Describe procedures for signature verification:
Return ballot envelopes will be verified against voter registration
including number of ballot mailed, date of return.
13 . Describe procedures to ensure secrecy of ballots:
Secrecy envelope will be provided with the official ballot mail out and
return envelope. At the time of processing for counting, the large stub
will be removed from the voted ballot before it is removed from the
secrecy envelope.
14 . Describe procedures to reconcile ballots (if other than recommended form) :
Recommended form will be used.
Date of Submission:
Election Administrator:
Signature:
Title: WELD COUNTY CLERK & RECORDER
******************************************************
BE SURE TO ENCLOSE YOUR WRITTEN TIMETABLE
******************************************************
FOR SECRETARY OF STATE OFFICE USE ONLY
Date Received Date Approved Date Rejected
Reviewed by:
930912
COORDINATED ELECTIONS
NOVEMBER 2, 1993
TIMETABLE
For the Conduct of Coordinated Elections
July 27 Written plan submitted to governing body.
Sept 3 Election approved by governing body. (S.D. - Comm)
Aug 18 Submission of written plan to Secretary of State. (75 days prior)
Sept 3 LAST DAY for approval by Secretary of State. (15 days)
Oct 8-18 Notice of election to electorate.
Oct 22 Notice given to County Clerk/Assessor.
Oct 1 List of electors submitted to election official. (30 days prior)
Oct 8 Absentee opens.
Oct 8 Notice of close of registration. (25 days prior)
Oct 8-18 Ballots mailed. (15-25 days prior)
Oct 13 Supplemental list of electors submitted. (20 days prior)
Oct 28 Verification of ballots begins. (5 days prior)
Nov 2 ELECTION DAY.
Nov 4 Canvass dates. (7 days)
Nov 9 Certificates of election issued. (7 days)
930912
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
tDistrict
Aims Community College/Aims Junior College) , hereinafter referred to
as "Jurisdiction" , does hereby agree and contract with the Board of
County Commissioners of the County of Weld, hereinafter the
"Commissioners" and the Weld County Clerk and Recorder, hereinafter
referred to as "County Clerk" concerning the administration of the
November 2 , 1993 coordinated mail ballot election conducted
pursuant to the Uniform Election Code of 1992 as amended by HB 93-
1255 and SB 93-135 , (hereinafter "Code" ) , and the rules and
regulations promulgated thereunder, 8 C.C.R. 1505-1 . This
Agreement is not intended to address or modify statutory provisions
regarding voter registration.
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 on November 2, 1993 , and
WHEREAS, the County Clerk has chosen to conduct the
November 2, 1993 election by mail, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated mail
ballot election coordinated by the County Clerk, and
WHEREAS, the County Clerk as the "coordinated election
official" pursuant to 8 C.C.R. 1505-1 SS 5 . 1 . 4 and 5 .2 . 1 has agreed
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 SS 1-7-
116, 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 :
1. The Jurisdiction encompasses territory within Weld and
Logan, Larimer, Adams, and Morgan County. This Agreement
shall be construed to apply only to that portion of the
Jurisdiction within Weld County.
2 . Term of Agreement
a. This Agreement is intended only to deal with the
conduct of the November 2 , 1993 election.
3 . The Jurisdiction agrees to perform the following tasks
and activities :
a. Receive initiated petitions for local ballot issues
where authorized by law, pursuant to S 1-40-109 ( 2) ,
C.R.S .
b. Check signatures on initiated petitions and
determine and issue, where appropriate, a statement
of sufficiency, pursuant to S 1-40-118( 1) , C.R. S.
c. Defend against protests filed with the District
Court, pursuant to § 1-40-118, C.R.S .
d. Issue call for nominations for non-partisan
elections , where applicable, pursuant to § 1-5-204 ,
C.R.S . , and 8 C.C.R. 1505-1 § 5 . 5 . 1 .
e. Issue approval, where appropriate, of nominating
petitions, pursuant to § 1-4-903, C.R.S .
f. Receive candidate acceptance of nominations in
writing, pursuant to S 1-4-906, C.R. S .
g. Accept for filing notice of intention, petitions
for nomination, and affidavit of circulator,
pursuant to §§ 1-4-804 ( 1) , 1-4-907 , and 22-31-107 ,
C.R.S .
h. Verify signatures on nominating petitions and hear
any protests of the nominating petitions within
five days after the petitions are filed, pursuant
to §§ 1-4-501( 1) , 1-4-908( 1) (3) , and 1-4-909,
C.R.S .
i . Establish order of names and questions for
Jurisdiction' s portion of the ballot, pursuant to
§§ 1-5-406 and 1-5-407 , C.R.S. , and 8 C.C.R. 1505-1
§§ 5 .4 . 2 and 5 . 4 . 3 .
j . Certify ballot content, including a list of
candidates, ballot title, and text, to County Clerk
at least 55 days prior to election, pursuant to §
1-1-110(3) and 8 C.C.R. 1505-1 §§ 5 .4 . 1 and 5 .4 .2 .
k. Prepare for publication and timely provide to the
County Clerk text of notices or calls of election
of candidates or of measures and advise County
Clerk of number and place of any publication
required, if any, pursuant to 8 C.C.R. 1505-1 S 5 .5
and the Jurisdiction' s requirements .
1 . Accept written comments for and against ballot
issues pursuant to C.R.S. S 1-40-125(2) (e) and
8 C.C.R. 1505-1 S 5 .4 .4 .2 and provide a copy of
comments filed in support with respect to Article
X, Section 20 of the Colorado Constitution ballot
issues to the proponents pursuant to 8 C.C.R. 1505-
1 § 5 .4 . 4 . 3, no later than the Friday prior to the
30 days prior to the election. Accept summaries of
comments filed in support at least 28 days prior to
the election by 3 p.m. from the proponents pursuant
to 8 C.C.R. 1505-1 § 5 .4 .4 .5 . Prepare a summary of
930912
comments in opposition and submit both summaries to
the County Clerk by close of business 25 days prior
to the election, pursuant to 8 C.C.R. 1505-1 if
5 .4 .4 . 6 and 5 . 4 . 4 . 7 and § 1-7-116 (4 ) .
m. Accept affidavits of intent to be write-in
candidate up to 26 days prior to the election and
provide a list of valid affidavits received to the
County Clerk pursuant to C.R. S . § 1-4-1102 .
n. Prepare Article X, Section 20, Colorado Constitu-
tion notices and submit them to the County Clerk at
least 25 days prior to the election. Prepare
text, identify number and place for publication of
measures and/or notice of election, if required,
and advise County Clerk pursuant to C.R. S . § 1-40-
124 and 8 C.C.R. 1505-1 § 5 . 6 . 1 .
o. Pay the sum of $ .25 per registered elector eligible
to vote in the Jurisdiction's election as of the
final date of registration prior to the November 2 ,
1993 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 §
5 .4 . 2 . 2 , within 30 days of billing, regardless of
whether or not the election is actually held.
P. 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.
r. Approval of this Agreement shall constitute
approval of the mail ballot plan attached as
Exhibit "A" .
s . By approval of this Agreement, any municipality is
resolving not to use the provisions of the
Municipal Election Code.
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 official
and as coordinated election official pursuant to
8 C.C.R. 1505-1 § 5 .2 .
b. Obtain approval of the mail ballot plan Exhibit "A"
from the Secretary of State including all
nnnr... Ira
participating Jurisdictions, pursuant to 8 C.C.R.
1505-1 § 10 . 1 . 4 .
c. Circulate Article X, Section 20 of the Colorado
Constitution notice as needed by insertion in the
mail ballot pursuant to § 1-40-125 (2 ) , C.R.S. and 8
C.C.R. 1505-1 § 5 . 6 . 1 . 1 . and arrange for publica-
tion as directed by the Jurisdiction, pursuant to
paragraph 3 ( 1) and (n) of this Agreement.
d. Mail ballot packets pursuant to § 1-7 .5-107 ( 3) (a)
and 8 C.C.R. 1505-1 S 10 . 7 between 25 and 15 days
prior to the date of election and provide replace-
ment ballots, pursuant to § 1-7 .5-107 (c) and (d) ,
C.R.S. , and 8 C.C.R. 1505-1 §§ 10 . 10 . 1 (b) , 10 . 11,
and 10 . 13, as appropriate.
e. Provide absentee ballots, pursuant to § 1-7 .5-108,
C.R.S. , and 8 C.C.R. 1505-1 §§ 10 . 8 and 11, as
appropriate.
f . Give notice to Jurisdiction of the number of
registered electors within the Jurisdiction as of
the effective date of cutoff for registration and
bill Jurisdiction at the rate of $ .25 per
registered elector, with a $200 minimum, for the
services pursuant to this Agreement.
g. Designate a "contact" to act as a primary liaison
or contact between the Jurisdiction and the County
Clerk.
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
In the event that any provision in this Agreement
conflicts with the Code or any other statute or
valid prior resolution duly adopted by the
Jurisdiction, this Agreement shall be modified to
conform to such law or resolution, but no
subsequent resolution of the Jurisdiction nor of
the County shall impair the rights of the County
Clerk or the Jurisdiction hereunder without the
consent of the other party to this Agreement.
c. Liquidated damages provision
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
930912
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 paragraph 3-0
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: 353-3840, Extension 3100, fax number:
353-1964 , address : P.O. Box 459 , Greeley, CO
80632 ; and the Jurisdiction notice shall be given
to the Jurisdiction at phone: 330-8008 ext 211 ,
fax: 330-5705 , address :
PO Box 69, 5401 West 20 Street, Greeley CO 80634
DATED this 1st day of September , 1993 .
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD% a y F(#�n Feuerstein Constance L. Harbert, Chairman
APPROVED AS TO FORM: ATTEST: / _ y./ ,M1,4
4
Clerk to the Bo4rd of County
Co issioner
Cou ttorne Cler
330912
Aims Community College/Aims Junior College
Jurisdiction District
ATTES : /;
/ z--) ec--- , _i___
Attorney for JurisdictionZricigzedie ,
/ li,f .0 Zell/
electione.gjb der ( 'C t?G/Z er i {
i'-C
!/
/
John R. Dent
Secretary, Board of Trustees
93091.2
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
BEEBE DRAW FARMS METROPOLITAN DISTRICT,
a quasi-municipal Colorado corporatiQrhereinafter referred to
as "Jurisdiction", does hereby agree and contract with the Board of
County Commissioners of the County of Weld, hereinafter the
"Commissioners" and the Weld County Clerk and Recorder, hereinafter
referred to as "County Clerk" concerning the administration of the
November 2, 1993 coordinated mail ballot election conducted
pursuant to the Uniform Election Code of 1992 as amended by HB 93-
1255 and SB 93-135, (hereinafter "Code") , and the rules and
regulations promulgated thereunder, 8 C.C.R. 1505-1. This
Agreement is not intended to address or modify statutory provisions
regarding voter registration.
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 on November 2, 1993 , and
WHEREAS, the County Clerk has chosen to conduct the
November 2, 1993 election by mail, and
WHEREAS, the Jurisdiction agrees to conduct a coordinated mail
ballot election coordinated by the County Clerk, and
WHEREAS, the County Clerk as the "coordinated election
official" pursuant to 8 C.C.R. 1505-1 SS 5 . 1.4 and 5.2 . 1 has agreed
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 SS 1-7-
116, 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 :
1. The Jurisdiction encompasses territory within Weld Anch
County. This Agreement
shall be construed to apply only to that portion of the
Jurisdiction within Weld County.
2 . Term of Agreement
a. This Agreement is intended only to deal with the
conduct of the November 2, 1993 election.
3. The Jurisdiction agrees to perform the following tasks
and activities:
a. Receive initiated petitions for local ballot issues
where authorized by law, pursuant to S 1-40-109(2) ,
C.R.S.
b. Check signatures on initiated petitions and
determine and issue, where appropriate, a statement
of sufficiency, pursuant to S 1-40-118( 1) , C.R.S.
c. Defend against protests filed with the District
Court, pursuant to S 1-40-118, C.R.S.
d. Issue call for nominations for non-partisan
elections, where applicable, pursuant to S 1-5-204,
C.R.S. , and 8 C.C.R. 1505-1 S 5 .5 . 1 .
e. Issue approval, where appropriate, of nominating
petitions, pursuant to S 1-4-903, C.R.S.
f. Receive candidate acceptance of nominations in
writing, pursuant to S 1-4-906, C.R.S.
g. Accept for filing notice of intention, petitions
for nomination, and affidavit of circulator,
pursuant to SS 1-4-804( 1) , 1-4-907, and 22-31-107,
C.R.S.
h. Verify signatures on nominating petitions and hear
any protests of the nominating petitions within
five days after the petitions are filed, pursuant
to SS 1-4-501( 1) , 1-4-908( 1) (3) , and 1-4-909,
C.R.S.
i. Establish order of names and questions for
Jurisdiction's portion of the ballot, pursuant to
SS 1-5-406 and 1-5-407, C.R.S. , and 8 C.C.R. 1505-1
SS 5 .4 .2 and 5 .4 . 3.
j . Certify ballot content, including a list of
candidates, ballot title, and text, to County Clerk
at least 55 days prior to election, pursuant to S
1-1-110(3) and 8 C.C.R. 1505-1 SS 5.4 . 1 and 5 .4.2.
k. Prepare for publication and timely provide to the
County Clerk text of notices or calls of election
of candidates or of measures and advise County
Clerk of number and place of any publication
required, if any, pursuant to 8 C.C.R. 1505-1 S 5.5
and the Jurisdiction' s requirements .
1 . Accept written comments for and against ballot
issues pursuant to C.R.S. S 1-40-125(2) (e) and
8 C.C.R. 1505-1 S 5 .4 .4 .2 and provide a copy of
comments filed in support with respect to Article
X, Section 20 of the Colorado Constitution ballot
issues to the proponents pursuant to 8 C.C.R. 1505-
1 S 5 .4 .4 .3, no later than the Friday prior to the
30 days prior to the election. Accept summaries of
comments filed in support at least 28 days prior to
the election by 3 p.m. from the proponents pursuant
to 8 C.C.R. 1505-1 S 5.4 .4 .5 . Prepare a summary of
9.'304
comments in opposition and submit both summaries to
the County Clerk by close of business 25 days prior
to the election, pursuant to 8 C.C.R. 1505-1 SS
5 .4 .4 .6 and 5.4 .4 . 7 and S 1-7-116 (4) .
m. Accept affidavits of intent to be write-in
candidate up to 26 days prior to the election and
provide a list of valid affidavits received to the
County Clerk pursuant to C.R.S. S 1-4-1102 .
n. Prepare Article X, Section 20, Colorado Constitu-
tion notices and submit them to the County Clerk at
least 25 days prior to the election. Prepare
text, identify number and place for publication of
measures and/or notice of election, if required,
and advise County Clerk pursuant to C.R.S. S 1-40-
124 and 8 C.C.R. 1505-1 S 5 . 6 . 1 .
o. Pay the sum of $ .25 per registered elector eligible
to vote in the Jurisdiction' s election as of the
final date of registration prior to the November 2,
1993 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 S
5.4 .2 .2, within 30 days of billing, regardless of
whether or not the election is actually held.
p. 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.
r. Approval of this Agreement shall constitute
approval of the mail ballot plan attached as
Exhibit "A" .
s . By approval of this Agreement, any municipality is
resolving not to use the provisions of the
Municipal Election Code.
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 official
and as coordinated election official pursuant to
8 C.C.R. 1505-1 S 5 .2 .
b. Obtain approval of the mail ballot plan Exhibit "A"
from the Secretary of State including all
930912
participating Jurisdictions, pursuant to 8 C.C.R.
1505-1 S 10 . 1 .4 .
c. Circulate Article X, Section 20 of the Colorado
Constitution notice as needed by insertion in the
mail ballot pursuant to S 1-40-125(2 ) , C.R.S. and 8
C.C.R. 1505-1 S 5.6 . 1. 1 . and arrange for publica-
tion as directed by the Jurisdiction, pursuant to
paragraph 3(1) and (n) of this Agreement.
d. Mail ballot packets pursuant to S 1-7 .5-107(3) (a)
and 8 C.C.R. 1505-1 S 10.7 between 25 and 15 days
prior to the date of election and provide replace-
ment ballots, pursuant to S 1-7 .5-107(c) and (d) ,
C.R.S. , and 8 C.C.R. 1505-1 SS 10. 10. 1(b) , 10 . 11,
and 10. 13, as appropriate.
e. Provide absentee ballots, pursuant to S 1-7 .5-108,
C.R.S. , and 8 C.C.R. 1505-1 SS 10. 8 and 11, as
appropriate.
f. Give notice to Jurisdiction of the number of
registered electors within the Jurisdiction as of
the effective date of cutoff for registration and
bill Jurisdiction at the rate of $.25 per
registered elector, with a $200 minimum, for the
services pursuant to this Agreement.
g. Designate a "contact" to act as a primary liaison
or contact between the Jurisdiction and the County
Clerk.
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
In the event that any provision in this Agreement
conflicts with the Code or any other statute or
valid prior resolution duly adopted by the
Jurisdiction, this Agreement shall be modified to
conform to such law or resolution, but no
subsequent resolution of the Jurisdiction nor of
the County shall impair the rights of the County
Clerk or the Jurisdiction hereunder without the
consent of the other party to this Agreement.
c. Liquidated damages provision
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
930912
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 paragraph 3-o
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: 353-3840, Extension 3100, fax number:
353-1964, address : P.O. Box 459, Greeley, CO
80632; and the Jurisdiction notice shall be given
to the Jurisdiction at phone: 986-1551
fax: 986-1755 , address:
390 Union Boulevard. Suite 400. nenver, rolnrarin
80228 , Attention: Micki L. Wadhams.
DATED this / day of 5 N n-6,,,IA L F, r� , 1993.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
(1,22;Zony—
Ma Ai F uers ei ^ 0 M Constance L. ar ert, Chairman
APPROVED AS TO FORM: ATTEST: d !_y0 M
Clerk to the Board of County
Commissioners , //
Count Aetorney eputy Clerk to the Board
930912
BEEBE DRAW FARMS METROPOLITAN DISTRICT
J risdictio
J:mes W. Fell, Chairman
ATTE /
Attorney for Jurisdiction Secretary
Paul R. Cockrel
Collins & Cockrel, P.C.
eloctions.gjb
9309419
WRITTEN PLAN
For the Conduct of Coordinated Mail Ballot Election
Submitted by: MARY ANN FEUERSTEIN
Election Administrator for: WELD COUNTY. COLORADO
1. Legal name of jurisdiction: WELD COUNTY, COLORADO
STATE INITIATIVE ELECTION; ALL SCHOOL DISTRICTS
2 . Type of jurisdiction: COUNTY GOVERNMENT - MUNICIPAL - SCHOOL DISTRICTS
SPECIAL DISTRICTS - JR. COLLEGE DISTRICT
3 . Description of election to be held:
X regular election
X special election on ballot issues
X School District Director
4. Citation of statute authorizing election: 1-7.5-101 COLO ELECTION CODE
5. Estimated number of electors: 65.000
6. Name of chief election administrator: MARY ANN FEUERSTEIN
7 . County Clerk and Recorder will:
only provide list of registered electors
X be responsible for the election
8. Number of places of deposit: 1
(If other than your office, list places and addresses on attached sheet. )
FOR EACH OF THE FOLLOWING, EXPLAIN WHAT YOU WILL DO:
9. If ballot packets are returned as undeliverable: Check in. maintain
ballots in file in secured, locked area in Election Dept.
10. Procedures/person(s) responsible for ensuring compliance with statutes and
rules: Regular sworn deputy clerks in Election Dent will issue, receive.
verify and account for all ballots.
11. Describe procedures to ensure ballot security:
Ballots will be kept locked in secured area prior to issue and upon
being voted and returned to Election Dept.
930912
For the Conduct of Coordinated Mail Ballot Election
Page 2
12 . Describe procedures for signature verification:
Return ballot envelopes will be verified against voter registration
including number of ballot mailed, date of return.
13. Describe procedures to ensure secrecy of ballots:
Secrecy envelope will be provided with the official ballot mail out and
return envelope. At the time of processing for counting. the large stub
will be removed from the voted ballot before it is removed from the
secrecy envelope.
14 . Describe procedures to reconcile ballots (if other than recommended form) :
Recommended form will be used.
Date of Submission:
Election Administrator:
Signature:
Title: WELD COUNTY CLERK & RECORDER
******************************************************
BE SURE TO ENCLOSE YOUR WRITTEN TIMETABLE
******************************************************
FOR SECRETARY OF STATE OFFICE USE ONLY
Date Received Date Approved Date Rejected
Reviewed by:
930912
COORDINATED ELECTIONS
NOVEMBER 2, 1993
TIMETABLE
For the Conduct of Coordinated Elections
July 27 Written plan submitted to governing body.
Sept 3 Election approved by governing body. (S.D. - Comm)
Aug 18 Submission of written plan to Secretary of State. (75 days prior)
Sept 3 LAST DAY for approval by Secretary of State. (15 days)
Oct 8-18 Notice of election to electorate.
Oct 22 Notice given to County Clerk/Assessor.
Oct 1 List of electors submitted to election official. (30 days prior)
Oct 8 Absentee opens.
Oct 8 Notice of close of registration. (25 days prior)
Oct 8-18 Ballots mailed. (15-25 days prior)
Oct 13 Supplemental list of electors submitted. (20 days prior)
Oct 28 Verification of ballots begins. (5 days prior)
Nov 2 ELECTION DAY.
Nov 4 Canvass dates. (7 days)
Nov 9 Certificates of election issued. (7 days)
930912
AUG 9 ' 93 16: 01 PAGE . 002
•
Memorandum of Intergovernmental Agreement
for Conduct of Coordinated Elections
Milliken Fire Protection District , hereinafter referred to
as "Jurisdiction", does hereby agree and contract with the Board of
County Commissioners of the county of Weld, hereinafter the
"commissioners" and the Weld County Clerk and Recorder, hereinafter
referred to as "county Clerk" concerning the administration of the
November 2, 1993 coordinated mail ballot election conducted
pursuant to the Uniform Election Code of 1992 as amended by HE 93-
1255 and SH 93-135, (hereinafter "Code") , and the rules and
regulations promulgated thereunder, 8 C.C.R. 1505-1: This
Agreement is not intended to address or modify statutory provisions
regarding voter registration.
•
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 on November 2, 1993 ; and
WHEREAS, the County Clerk has chosen to conduct the
November 2, 1993 election by mail, and
• WHEREAS, the Jurisdiction agrees to conduct a coordinated mail
ballot election coordinated by the County Clerk, and
WHEREAS; the County Clerk as the "coordinated election
official" pursuant to 8 C.C.R. 1505-1 SS 5.1.4 and 5.2.1 has agreed
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 SS 1-7-
116, 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:
t Tt.a .T,.riaAintinn enrnmpaacao territory within Weld £'YRd-
County. This Agreement
shall be construed to apply only to that portion of the
Jurisdiction within Weld County.
2. Term of Agreement
a.. This Agreement is intended, only to deal with the
conduct of the November 2, 1993 election.
3. The Jurisdiction agrees to perform the following tasks
and activities:
a. Receive initiated petitions for local ballot issues
where authorized by law, pursuant to S 1-40-109(2) ,
• C.R.B.
•
O,e o 0 H o q369/3--
AUG 9 ' 93 16: 02 PAGE . 003
b. Check signatures on initiated petitions and
determine and issue, where appropriate, a statement
of sufficiency, pursuant to S 1-40-118(1) , C.R.S.
c. Defend against protests filed with the District
Court, pursuant to S 1-40-118, C.R.S.
d. Issue call for nominations for. non-partisan
elections, where applicable, pursuant to S 1-5-204,
C.R.S. , and 8 C.C.A. 1505-1 S 5.5.1.
e. Issue approval, where appropriate, of nominating
petitions, pursuant to S 1-4-903, C.R.S.
f. .Receive candidate acceptance of nominations in
writing, pursuant to S 1-4-906, C.R.S.
g. Accept for filing notice of intention, petitions
for nomination, and affidavit of circulator,
pursuant to SS 1-4-8.04(1) , 1-4-907, and 22-31-107,
C.R.S.
h. Verify signatures on nominating petitions and hear
any protests of the nominating petitions within
_ five days after the petitions are filed, pursuant
to $5 1-4-501(1) , 1-4-908(1) (3) , and 1-4-909,
C.R.S.
i. Establish order of names and questions for
Jurisdiction's portion of the ballot, pursuant to
SS 1-5-406 and 1-5-407, C.R.S. , and 8 C.C.R. 1505-1
SS 5.4.2 and 5.4.3.
j . ' Certify ballot content, including a list of
candidates, ballot title, and text, to County Clerk
at least 55 days prior to election, pursuant to S
1-1-110(3) and 8 C.C.R. 1505-1 SS 5.4.1 and 5.4.2.
k. Prepare for publication and timely provide to the
County Clerk text of notices or calls of election
of candidates or of measures and advise County
Clerk of number and place of any publication
required, if any, pursuant to 8 C.C.R. 1505-1. S 5.5
and the Jurisdiction's requirements.
1. . Accept written comments for and against ballot
issues pursuant to C.R.S. S 1-40-125(2) (e) and
8 C.C.R. 1505-1 S 5.4 .4.2 and provide 'a copy of
comments filed in support with respect to Article
X, Section 20 of the Colorado Constitution ballot
issues to the proponents pursuant to 8 C.C.R. 1505-
1 $ 5.4.4.3, no later than the Friday prior to the
30 days prior to the election. Accept. summaries of
comments filed in support at least 28 days prior to
the election by 3 p.m. from the proponents pursuant
to 8 C.C.R. 1505-1 S 5.4.4.5. Prepare a summary of
930912
AUG 9 ' 93 16:03 PAGE . 004
comments in opposition and submit both summaries to
the County Clerk by close of business 25 days prior
to the election, pursuant to 8 C.C.R. 1505-1 55
5.4 .4.6 and 5.4.4 .7 and $ 1-7-116(4) .
m. Accept affidavits of intent to be write-in
candidate up to 26 days prior to the election and
provide a list of valid affidavits received to the
County Clerk pursuant to C.R.S. S 1.4-1102.
n. Prepare Article X, Section 20, Colorado Constitu-
tion notices and submit them to the County Clerk at
least 25 days prior to the election. Prepare
text, identify number and place for publication of
measures and/or notice of election, if required,
and advise County Clerk pursuant to C.R.S. S 1-40-
124 and 8 C.C.R. 1505-1 5 5.6.1.
o. Pay the sum of $.25 per registered elector eligible
to vote in the Jurisdiction's election as of the
final date of registration prior to the November 2,
1993 election, with a $200 minimum, plus any
additional costs pursuant to 8 C.C.R. 1505-1 S
5.4.2.2, within 30 days of billing, regardless of
whether or not the election is actually held.
p. 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.
r. Approval of this Agreement shall constitute
approval of the mail ballot plan attached as
Exhibit "A" .
s. By approval of this Agreement, any municipality is
resolving not to use the provisions of the
Municipal Election Code.
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 official
and as coordinated election official pursuant to
8 C.C.A. 1505-1 5 5.2.
b. Obtain approval of the mail ballot plan Exhibit "A"
from the Secretary of State including all
93091E
AUG 9 ' 93 16: 03 PRGE . 005
•
participating Jurisdictions, pursuant to 8 C.C.R.
• 1505-1 S 10.1.4.
c. Circulate Article X, Section 20 of the Colorado
Constitution notice as needed by insertion in the
mail ballot pursuant to S 1-40-125(2) , C.R.S. and 8
C.C.R. 1505-1 S 5.6 .1.1. and arrange for publica-
tion as directed by the Jurisdiction, pursuant to
paragraph 3(1) and (n) of this Agreement.
d. Mail ballot packets pursuant to S 1-7.5-107(3) (a)
and 8 C.C.R. 1505-1 S 10.7 between 25 and 15 days
prior to the date of election and provide replace-
ment ballots, pursuant to S 1-7.5-107(c) and (d) .
C.R.S., and 8 C.C.R. 1505-1 SS 10.10.1(b) , 10. 11,
and 10.13, as appropriate.
e. Provide absentee ballots, pursuant. to S 1-7.5-108,
C.R.S. , and . 8 C.C.R. 1505-1 SS 10.8 and 11, as
appropriate.
f. Give notice to Jurisdiction of the number of
registered electors within the Jurisdiction as of
the effective date of Cutoff for registration and
bill Jurisdiction at the rate of $.25 per
registered elector, with a $200 minimum, for the
services pursuant to this Agreement.
g. Designate a "contact" to act as a primary liaison
or contact between the Jurisdiction and the County
Clerk.
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
In the event that any provision in this Agreement
conflicts with the Code or any other statute or
valid prior resolution duly adopted by the
Jurisdiction, this Agreement shall be modified to
conform to such law or resolution, but no
subsequent resolution of the Jurisdiction nor of
the County shall impair the rights of the County
Clerk or the Jurisdiction .hereunder without the
consent of the other party to this Agreement.
c. Liquidated damages provision
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
930912
AUG 9 ' 93 16: 04 PRGE . 006
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 paragraph 3-O.
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: 353-3840, Extension 3100, fax number:
333-1964, address: P.O. Box 459, Greeley, CO
80632; and the Jurisdiction notice shall be given
to the Jurisdiction at phone: 587-4333 (Bob Onorato) ,
fax: 772-6105 (Richard.Lyone, II) , address:
P.O. Box 41, Milliken, Colorado 80543 •
DATED this day of Sep-lets/Jur' , 1993.
WELD COUNTY CLERK & RECORDER BOARD OF COUNTY COMMISSIONERS
OF TUE COUNTY OP WELD"11)
Ct ,�.n .,ls7.i- . i-il ���i2a�w , dY/
Ma • At� Feuer tein Constance L. Harbert, Chairman
APPROVED AS TO FORM: ATTEST; ,1 __j' / ✓ 4 %2
Clerk to the Boar of County
:7;2 / • .
s
Cozen A. to et' he
•
•
•
930912
RUG 9 ' 93 16: 04 PAGE . 007
2.116t41-210
Juriadictibrf C
ATTEST:
1f- .
Attorney for Jur' fiction
•
• wt.etions.g
jL •�-
r
H • S.'fz S K
•
!31101�
•
•
•
•
•
•
930912
AUG 9 ' 93 19: 05 PRGE . 000
. 1 .
COORDINATED ELECTIONS
NOVEMBER 2, 1993
TIMETABLE
For the Conduct of Coordinated Elections
July 27 Written plan submitted to governing body.
Sept 3 Election approved by governing body. (S.D. - Comm)
Aug 18 Submission of written plan to Secretary of State. (75 days prior)
Sept 3 LAST DAY for approval by Secretary of State. (15 days)
Oct 8-18 Notice of election to electorate.
Oct 22 Notice given to County Clerk/Assessor.
Oct 1 List of electors submitted to election official. (30 days prior)
Oct 8 Absentee opens.
Oct 8 Notice of close of registration. (25 days prior)
Oct 8-18 Ballots, mailed. (15-25 days prior)
Oct 13 Sttpplemental list of electors submitted. (20 days prior)
Oct 28 Verification of ballots begins. (5 days prior)
Nov 2 ELECTION DAY.
Nov 4 Canvass dates. (7 days)
Nov .9 Certificates of election issued. (7 days)
•
•
•
930912
AUG 9 ' 93 18: 05 PAGE . 009
WRITTEN PLAN
For the Conduct of Coordinated Mail Ballot. Election
Submitted by: MARY ANN FEVERSTEIN
Election Administrator for: WELD COUNTY. COLORADO
1. Legal name of. jurisdiction: WELD cpUNTY. COLORADO
,STATE INITIATIVE ELECTION; ALL SCHOOL DISTRICTS
2. Type of jurisdiction: COUNTY GOVERNMENT - MUNICIPAL - SCHOOL DISTRICTS
SPECIAL DISTRICTS - JR. COLLEGE DISTRICT
3. Description of election to be held:
X regular election
X special election on ballot issues
X School District Director
4. Citation of statute authorizing election: 1-7.5-101 COLO ELECTION CODE
5. Estimated number of electors: 65,000
6. Name of chief election administrator: MARY ANN .FEUERSTEIN
7. County Clerk and Recorder will:
only provide list of registered electors
x be responsible for the election
8. Number of places of deposit: 1
(If other than your office, list places and addresses on attached sheet.)
FOR EACH OP TUE FOLLOWING, EXPLAIN WHAT YOU WILL DO:
9. If ballot packets are returned as undeliverable: Check in, maintain
ballots in file in secured. locked area in Electio Dept.
10. Procedures/person(s) responsible for ensuring compliance with statutes ar
rules: Regular sworn deputy clerks in Election Dept will issue. receivE
verify and account for all ballots.
11. Describe procedures to ensure ballot security:
' Ballets will be kept locked in secured area prior to issue and upon
_Wang voted and returned to Election Dept.
9:111419
AUG 9 ' 93 16: 06 PAGE . 010
For the Conduct of Coordinated Mail Ballot Election
Page 2
12. Describe procedures for signature verification:
Ret will be verified against voter reaistr tion
includina number of ballot mailed. date of return.
13. Describe procedures to ensure secrecy of ballots:
Secrsct snvelone will he provided with the official ballot mail out and
return envelope, At the time of processing for countinc. -the large stub
will be removed from the voted ballot before it is removed from. the
secrecy envelope.
14. Describe procedures to reconcile ballots (if other than recommended form)
Recommended form will be used.
•
Date of Submission:
Election Administrator:
Signature:
Title: WELD COUNTY CUM( & RECORDER
****************aye*********************e.**************
BE SURE TO ENCLOSE YOUR WRITTEN TIMETABLE
FOR SECRETARY OF STATE OFFICE USE ONLY
Date Received Date Approved Date Rejected
Reviewed by:
•
930912
GRANT, BERNARD
WALLACE H.GRANT 515 KIMBARK STREET
DANIEL F.BERNARD LYONS & GADDIS POST OFFICE BOX 978
RICHARD N.LYONS,II LONOMONT,CO 80502.0978
JEFFREY J.KAHN A PROFESSIONAL CORPORATION 303-7769900
H.WILLIAM SIMS,IR. ATTORNEYS AND COUNSELORS METRO 571-5506
JOHN W.OADDIS FAX 772-6105
SUZAN D.FRITCHEL
STEVEN L.SNYDER
BRADLEY A.HALL August 17, 1993
7111
AUG 1 9 1993
Lee Morrison, Esq.
Assistant Weld County Attorney `i-� COUNTY
P. O. Box 1948 "''IEY'S CF FILE
Greeley, Colorado 80632
Re: Election Agreement
Dear Lee:
Enclosed is the Intergovernmental Agreement regarding the upcoming election. The
Agreement has been executed by my client, the Milliken Fire Protection District.
As I understand the Election Law, the District must submit the proposed ballot
language the first week of September.
If you have any questions, please feel free to contact me.
Very truly yours,
GRANT, BERNARD, LYONS & GADDIS,
a Pr 'onal Corporation
By
R rd N. Lyons, II
RNL:jlm
Enclosure
cc: Milliken Fire Protection District
930912
AUG 9 ' 93 16: 06 PAGE . 011
•
JURISDICTIONS PARTICIPATING IN WELD COUNTY COORDINATED ELECTION 7/30/93
STATUTE AUTHORIZING ELECTION: 1.7.5-101 COLORADO ELECTION CODE
NAME OF 'ENTITY .REOUESTING ELECTION NAME OF ADMINISTRATOR FOR ENTITY
201.0.91_=_
AIMS COMMUNITY COLLEGE DR. GEORGE CONGER
WELD RE-1 (CILCREST) DR. CLIFFORD BROOKHART
ST VRAIN VALLEY RE-1J (LONGMON'T) DR. FRED PIERCE
EATON RE-2 DR. BILL POWELL
THOMPSON RE-2J (LOVELAND) MR. DONALD SAUL
WELD RE-33 (KEENESBURC) DR. DENNIS DISARIO •
WINDSOR RE-4 MR. BRIAN LESSMAN
JOHNSTOWN-MILLIKEN RE-5J MR. FRED PALMER •
GREELEY 6 " .MR. JOHN PACHECO
PLATTE VALLEY RE-7 (KERSEY) MR. GLEN HANSON
FORT LUPTON RE-8 MR. BRENT MUTSCH.
AULT-HIGHLAND RE-9 • DR. RONALD J. VAN DONSELAAR
BRIGGSDALE RE-10J MR. EDWARD SCHELNAAS
PRAIRIE RE-11J (NEW RATHER) MR. ROBERT W. EATMAN
PAWNEE RE-12 (GROVER) DR. LARRY MORTENSEN
WELDONA RE-20J • MS. M. KIM VANDERHEIDEN
BRIGHTON RE-27J MR. JOHN MEYER •
WIGGINS RE-50J MR. DON STRATMAN
bUNICIPALITIZS:
•
BRIGHTON MARIANNE THOMAS
DACONO. NANCY ELLIOTT
FORT LUPTON . BARB ROGERS
FREDERICK JACQUELINE K: BARNETT
KEENESBURG CHERYL JESSE&
LONGMONT VALERIE SKITT
MILLIKEN MARGARET WAKEMAN.
WINDSOR P. JEANNE NAZARENUS
•
. SPECIAL DISTRICTS: '
•
. BEEBE DRAW. METRO DISTRICT MICKEY WADHAMS '
•
•
•
•
•
•
** TOTAL PAGE . 011 **
930912
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