HomeMy WebLinkAbout20192966.tiffRESOLUTION
RE: APPROVE FIVE (5) FORMS OF MEMORANDUM OF INTERGOVERNMENTAL
AGREEMENT FOR CONDUCT OF COORDINATED ELECTIONS AND AUTHORIZE
CHAIR TO SIGN ANY NECESSARY DOCUMENTS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with five (5) Forms of Memorandum of
Intergovernmental Agreement for Conduct of Coordinated Elections between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Clerk and Recorder's Office, and various Municipalities, Special Districts, School Districts,
Title 37 entities, and Library Districts, with terms and conditions being as stated in said forms, and
WHEREAS, after review, the Board deems it advisable to approve said forms, copies of
which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the five (5) Forms of Memorandum of Intergovernmental Agreement for
Conduct of Coordinated Elections between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Clerk and Recorder's Office,
and the various Municipalities, Special Districts, School Districts, Title 37 entities, and Library
Districts, be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign any necessary agreements consistent with said forms.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of July, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: detelL) •.a1.1o•4
Weld County Clerk to the Board
oun y Attorney
Date of signature:
EXCUSED
Barbara Kirkmeyer, Chair
V I iApio
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Mike Freeman, Pro -Tern
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2019-2966
CR0031
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Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
[ENTITY], hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of
County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the
Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the
administration of the November [ELECTION DATE], [YEAR], Coordinated Election conducted
pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and
regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to
address or modify statutory provisions regarding voter registration, nor to address or modify the
County Clerk's duties thereunder.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via mail ballot on November [ELECTION DATE], [YEAR]; and
WHEREAS, the Jurisdiction agrees to conduct a Coordinated Election with the County Clerk
acting as the Coordinated Election Official; and
WHEREAS, the County Clerk is the "Coordinated Election Official," pursuant to C.R.S. §1-7-
116, and is to perform certain election services in consideration of performances by the Jurisdiction
of the obligations herein below set forth; and
WHEREAS, such agreements are authorized by statute at C.R.S. §§1-1-111(3), 1-7-116, and
29-1-203, et seq.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows:
1. The Jurisdiction encompasses territory within Weld County and
County. This Agreement shall be construed to apply only to that portion of the Jurisdiction
within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November [ELECTION DATE], [YEAR], Coordinated Election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk or designated election official for
initiatives, referenda, and referred measures under the provisions of C.R.S. §§31-11-
101 through 31-11-118.
b. To do all tasks required by law of designated election officials concerning nomination
of candidates by petition, including, but not limited to: issue approval as to form, where
appropriate, of nominating petition; determine candidate eligibility; receive candidate
acceptance of nominations; accept notice of intent, petitions for nomination, and
affidavits of circulators; verify signatures on nominating petitions; and hear any
protests of the nominating petitions, as said tasks are set forth in any applicable
provisions of Title 1, Article IV, Parts 8 and 9, and C.R.S. §1-4-501, C.R.S., and those
portions of the Colorado Municipal Election Code of 1965, Article X of Title 31. as
adopted by reference pursuant to C.R.S. §1-4-805. 2019-2966
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Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
c. Establish order of names and questions for Jurisdiction's portion of the ballot and
submit to the County Clerk in final form. The ballot content, including a list of
candidates, ballot title, and text, must be certified to the County Clerk no later than 60
days before the election, pursuant to C.R.S. §1-5-203(3)(a).
d. Accept written comments for and against ballot issues pursuant to C.R.S. §§ 1-7-901
and Article 10, Section 20(3)(b)(v). Comments to be accepted must be filed by noon
on the Friday before the 45th day before the election. Preparation of summaries of
written comments shall be done by the Jurisdiction but only to the extent required
pursuant to C.R.S. §1-7-903(3). The full text of any required ballot issue notices must
be transmitted to and received by the County Clerk no later than 43 days prior to the
election pursuant to C.R.S. §1-7-904. No portion of this Subsection 3(d) shall require
the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues.
e. Collect, prepare, and submit all information required to give notice pursuant to
Colorado Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. Such
information must be received by the County Clerk no less than 43 days prior to the
election to give the County Clerk sufficient time to circulate the information to voters.
f. Accept affidavits of intent to accept write-in candidacy up until close of business on
the 64th day before the election, provide a list of valid affidavits received and forward
them to the County Clerk pursuant to C.R.S. §1-4-1102(2).
g.
Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election
as of November [ELECTION DATE], [YEAR], with a $200 minimum, within 30 days of
billing, regardless of whether or not the election is actually held. If the Jurisdiction
cancels the election before its Section 20, Article X, the Taxpayer's Bill of Rights,
notices are due to the County, and prior to the County Clerk incurring any expenses
for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses
under this Subsection 3(g) (h). The Jurisdiction shall also be responsible for costs of
recounts pursuant to C.R.S. §§1-10.5-107, 1-10.5-104, or 1-11-215, except for costs
collected from an "interested party" pursuant to C.R.S. §1-10.5-106 which shall be
collected by the entity conducting the recount.
h. Designate an "election official" 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.
By approval of this Agreement, any municipality thereby resolves to not use the
provisions of the Colorado Municipal Election Code, except as otherwise set forth
herein or as its use is specifically authorized by the Code.
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Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
].
Mail ballot issue notices pursuant to C.R.S. §1-7-906(2) for active registered electors
who do not reside within the county or counties where the political subdivision is
located.
k. Carry out all action necessary for cancellation of an election including notice pursuant
to C.R.S. §1-5-208, and pay any costs incurred by the County Clerk within 30 days of
receipt of an invoice setting forth the costs of the canceled election pursuant to
C.R.S. §1-5-208(5).
Jurisdiction shall verify as being accurate the list of registered elector's names and
addresses previously forwarded to the Jurisdiction by the Weld County Clerk and
Recorder's Office. By signing this Agreement, Jurisdiction represents that the list of
registered elector's names and addresses has been reviewed by the Jurisdiction and
is accurate. The Jurisdiction will promptly notify [DESIGNATED ELECTION
EMPLOYEE], the Weld County [EMPLOYEE TITLE] (see contact information in 5(h)),
of any changes to the information contained in said list.
m. By September [DATE], Jurisdiction shall notify all candidates to call the Election Office
at 970-304-6525, ext. 3109, to leave a voice mail on how to pronounce the candidate's
name and the office the candidate is seeking.
4. The County Clerk Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the Coordinated
Election Official for the conduct of the election for the Jurisdiction for all matters in the
Code which require action by the Coordinated Election Official.
b. Circulate the Taxpayer's Bill of Rights notice pursuant to Colorado Constitution Article
X, Section 20.
c. Circulate general Ballot Issues notices pursuant to C.R.S. §§ 1-7-905 and 1-7-906(1),
and publish and post notice, as directed in C.R.S. §1-5-205.
d. Designate the statutory required number of drop boxes during the election cycle.
Designate not less than the statutory requirement of voter service and polling centers
for early voting and election day.
e. After Election Day, bill Jurisdiction for number of registered electors within the
Jurisdiction as of Election Day; identify the members of the Board of Canvassers eligible
for receiving a fee; and bill the Jurisdiction for the fees.
f. Designate an employee of the Weld County Clerk and Recorder's Office, Election
Division to act as a primary liaison or contact between the County Clerk and the
Jurisdiction (see contact information in 5(h)).
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Memorandum of Intergovernmental Agreement
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g. The County Clerk shall appoint and train election judges and this power shall be
delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by
law.
h. 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 such appointments, and shall notify the County Clerk in
writing of such 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. The County Clerk shall perform all recounts
required by the Code.
5. Additional Provisions
a. Time of the Essence.
Time is of the essence in this Agreement. The statutory time frames of the Code shall
apply to the completion of the tasks required by this Agreement.
b. Conflict of Agreement with Law.
This Agreement shall be interpreted to be consistent with the Code, provisions of Title 31
applicable to the conduct of elections, and the Colorado Election Rules contained in
8 C.C.R. 1505-1. Should there be an irreconcilable conflict betweenthe statutes, this
Agreement and the Colorado Election Rules, the statutes shall first prevail, then this
Agreement and lastly the Colorado Election Rules.
c. Right of Termination.
If Jurisdiction fails to accomplish its obligations, County is relieved of any further
obligation under this agreement. Jurisdiction is fully responsible for any actions that
result from its failure to meet its obligations.
d. Liquidated Damages.
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 damage, not as a penalty,
refund all payments made, pursuant to Subsection 3(g) 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.
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Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
e. No Waiver of Privileges or Immunities.
No term or condition of this Agreement shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections or other
provisions, of the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as
applicable now or hereafter amended, or any other applicable privileges or immunities
held by the parties to this Agreement.
f. No Third Party Beneficiary Enforcement.
It is expressly understood and agreed that the enforcement of the terms and conditions
of this Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in this Agreement shall give or allow
any claim or right of action whatsoever by any other person not included in this
Agreement. It is the express intention of the undersigned parties that any entity other
than the undersigned parties receiving services or benefits under this Agreement shall
be an incidental beneficiary only.
g.
Entire Agreement, Modification, Waiver of Breach.
This Agreement contains the entire Agreement and understanding between the parties
to this Agreement and supersedes any other agreements concerning the subject matter
of this transaction, whether oral or written. No modification, amendment, novation,
renewal, or other alteration of or to this Agreement and any attached exhibits shall be
deemed valid or of any force or effect whatsoever, unless mutually agreed upon in
writing by the undersigned parties. No breach of any term, provision, or clause of this
Agreement shall be deemed waived or excused, unless such waiver or consent shall be
in writing and signed by the party claimed to have waived or consented. Any consent by
any party hereto, or waiver of, a breach by any other party, whether express or implied,
shall not constitute a consent to, waiver of, or excuse for any other, or subsequent,
breach.
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Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
h. Notice provided for in this Agreement shall be given by the Jurisdiction to the primary
liaison designated according to section 4.f. above:
[NAME]
[PHONE NUMBER]
[FAX NUMBER]
[EMAIL ADDRESS]
[MAIL ADDRESS]
Notice provided for in this Agreement shall be given to the Jurisdiction election official
referred to in Subsection 3(h) of this Agreement by phone:
Designated Election Official for Jurisdiction:
Phone:
After hour phone number:
Additional Contact Information:
Fax:
E-mail:
Address:
DATED this
day of , [YEAR].
WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Carly Koppes, Clerk and Recorder [CHAIR NAME], Chair
APPROVED AS TO FORM: ATTEST:
Clerk to the Board of County Commissioners
County Attorney Deputy Clerk to the Board
[ENTITY]
APPROVED AS TO FORM: ATTEST:
Attorney for Jurisdiction (Signature)
Designated Election Official for Jurisdiction
(Signature)
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Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
[ENTITY], hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of
County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the
Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the
administration of the November [ELECTION DATE], [YEAR], Coordinated Election conducted
pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and
regulations promulgated thereunder, found at 8 C.C.R. 1505-1, and Title 32, C.R.S. This Agreement
is not intended to address or modify statutory provisions regarding voter registration, nor to address
or modify the County Clerk's duties thereunder.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via mail ballot on November [ELECTION DATE], [YEAR]; and
WHEREAS, the Jurisdiction agrees to conduct a Coordinated Election with the County Clerk
acting as the Coordinated Election Official; and
WHEREAS, the County Clerk is the "Coordinated Election Official," pursuant to C.R.S. § 1-7-
116, C.R.S., and is to perform certain election services in consideration of performances by the
Jurisdiction of the obligations herein below set forth; and
WHEREAS, such agreements are authorized by statute at C.R.S. §§ 1-1-111(3), 1-7-116, and
29-1-203, et seq.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows:
1. The Jurisdiction is a special district which encompasses territory within Weld County and
County. This Agreement shall be construed to
apply only to that portion of the Jurisdiction within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November [ELECTION DATE], [YEAR], Coordinated Election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. To do all tasks required by law of designated election officials concerning self -
nomination and acceptance forms or letters as set forth in 1-13.5-303, C.R.S., any
applicable provisions of Title 1, Article IV, Parts 8 and 9, C.R.S., and § 1-4-501, C.R.S.
b. Establish order of names and questions for Jurisdiction's portion of the ballot and submit
to the County Clerk in final form. The ballot content, including a list of candidates, ballot
title, and text, must be certified to the County Clerk no later than 60 days before the
election, pursuant to § 1-5-203(3)(a), C.R.S.
c. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and Article
10, Section 20(3)(b)(v), C.R.S. Comments to be accepted must be filed by noon on the
Friday before the 45th day before the election. Preparation of summaries of written
comments shall be done by the Jurisdiction but only to the extent required pursuant to
§ 1-7-903(3), C.R.S. The full text of any required ballot issue notices must be transmitted
to and received by the County Clerk no later than 43 days prior to the election pursuant
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Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
to § 1-7-904, C.R.S. No portion of this Subsection 3(c) shall require the County Clerk to
prepare summaries regarding the Jurisdiction's ballot issues.
d. Collect, prepare, and submit all information required to give notice pursuant to Colorado
Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. Such information
must be received by the County Clerk no less than 43 days prior to the election to give
the County Clerk sufficient time to circulate the information to voters. Special Districts
shall be solely responsible for circulating the notice required to property owners that
reside out of Weld County pursuant to Colorado Constitution Section 20, Article 10(3)(b),
the Taxpayer's Bill of Rights.
e. Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election
as of November [ELECTION DATE], [YEAR], with a $200 minimum, within 30 days
of billing, regardless of whether or not the election is actually held. If the Jurisdiction
cancels the election before its Section 20, Article X, the Taxpayer's Bill of Rights, notices
are due to the County, and prior to the County Clerk incurring any expenses for the
printing of the ballots, the Jurisdiction shall not be obligated for any expenses under this
Subsection 3(e). The Jurisdiction shall also be responsible for costs of recounts
pursuant to §§ 1-10.5-107, 1-10.5-104, or 1-11-215 C.R.S., except for costs collected
from an "interested party" pursuant to § 1-10.5-106 which shall be collected by the entity
conducting the recount.
f. Designate an "election official" 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.
g.
Mail ballot issue notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the county or counties where the political subdivision is located.
h. Carry out all action necessary for cancellation of an election including notice pursuant
to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of
receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5-
208(5), C.R.S.
i. In order to ensure property owners are accurately represented in special district
elections, Weld County will provide Jurisdiction with a list of registered UOCAVA voters.
Jurisdiction shall compare said list of registered UOCAVA voters with the district's list of
property owners and provide Weld County with a list of property owners that are eligible
to vote within the special district but who are not registered voters within the special
district by September [DATE]. Jurisdiction must provide the voter's ID number on the
list of property owners returned to Weld County. Weld County will mail such UOCAVA
property owner(s) a ballot by September [DATE].
J•
In order to ensure that property owners are accurately represented in special district
elections, Weld County will provide Jurisdiction with a list of the voters registered within
the special district. Jurisdiction shall compare said list of registered voters with the
district's list of property owners and provide Weld County with a list of property owners
that are eligible to vote within the special district but who are not registered voters within
the special district by September [DATE]. Jurisdiction must provide the voter's ID
number on the list of property owners returned to Weld County. Weld County will mail
such property owner(s) a ballot by October [DATE]. Weld County will charge the $1.25
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Memorandum of Intergovernmental Agreement
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for each property owner ballot mailed in addition to any charges specified in above
Section 3(e).
k. Jurisdiction shall verify as being accurate the list of registered elector's names and
addresses previously forwarded to the Jurisdiction by the Weld County Clerk and
Recorder's Office. By signing this Agreement, Jurisdiction certifies that the list of
registered elector's names and addresses has been reviewed by the Jurisdiction and is
accurate. The Jurisdiction will promptly notify [DESIGNATED ELECTION
EMPLOYEE], the Weld County [EMPLOYEE TITLE] (see contact information in
5(h)), of any changes to the information contained in said list.
I. By September [DATE], Jurisdiction shall notify all candidates to call the Election Office
at 970-304-6525 ext. 3109 to leave a voice mail on how to pronounce the candidate's
name for the audio ballot.
4. The County Clerk Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the Coordinated
Election Official for the conduct of the election for the Jurisdiction for all matters in the
Code which require action by the Coordinated Election Official.
b. Circulate the Taxpayer's Bill of Rights notice pursuant to Colorado Constitution Article
X, Section 20 to only those active eligible electors residing within the special district.
Jurisdiction shall be solely responsible for circulating Taxpayer's Bill of Rights notice
required to property owners that reside out of Weld County.
c. Circulate general Ballot Issues notices pursuant to §§ 1-7-905 and 1-7-906(1), C.R.S.
and publish and post notice, as directed in § 1-5-205, C.R.S.
d. Designate the statutory required number of drop boxes during the election cycle.
Designate not less than the statutory requirement of voter service and polling centers
for early voting and election day.
e. After Election Day, bill Jurisdiction for number of registered electors within the
Jurisdiction as of Election Day; identify the members of the Board of Canvassers eligible
for receiving a fee; and bill the Jurisdiction for the fees.
f. Designate an employee of the Weld County Clerk and Recorder's Office, Election
Division to act as a primary liaison or contact between the County Clerk and the
Jurisdiction (see contact information in 5(h)).
g. The County Clerk shall appoint and train election judges and this power shall be
delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by
law.
h. 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
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Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible
elector to assist, it shall make such appointments, and shall notify the County Clerk in
writing of such 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. The County Clerk shall perform all recounts
required by the Code.
5. Additional Provisions
a. Time of the Essence.
Time is of the essence in this Agreement. The statutory time frames of the Code shall
apply to the completion of the tasks required by this Agreement.
b. Conflict of Agreement with Law.
This Agreement shall be interpreted to be consistent with the Code, Title 32, C.R.S.,
and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an
irreconcilable conflict between the statutes, this Agreement and the Colorado Election
Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado
Election Rules.
c. Right of Termination.
If Jurisdiction fails to accomplish its obligations, County is relieved of any further
obligation under this agreement. Jurisdiction is fully responsible for any actions that
result from its failure to meet its obligations.
d. Liquidated Damages.
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 damage, not as a penalty,
refund all payments made, pursuant to Subsection 3(e) 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.
e. No Waiver of Privileges or Immunities.
No term or condition of this Agreement shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections or other
provisions, of the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as
applicable now or hereafter amended, or any other applicable privileges or immunities
held by the parties to this Agreement.
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Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
f. No Third Party Beneficiary Enforcement.
It is expressly understood and agreed that the enforcement of the terms and conditions
of this Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in this Agreement shall give or allow
any claim or right of action whatsoever by any other person not included in this
Agreement. It is the express intention of the undersigned parties that any entity other
than the undersigned parties receiving services or benefits under this Agreement shall
be an incidental beneficiary only.
g.
Entire Agreement, Modification, Waiver of Breach.
This Agreement contains the entire Agreement and understanding between the parties
to this Agreement and supersedes any other agreements concerning the subject matter
of this transaction, whether oral or written. No modification, amendment, novation,
renewal, or other alteration of or to this Agreement and any attached exhibits shall be
deemed valid or of any force or effect whatsoever, unless mutually agreed upon in
writing by the undersigned parties. No breach of any term, provision, or clause of this
Agreement shall be deemed waived or excused, unless such waiver or consent shall be
in writing and signed by the party claimed to have waived or consented. Any consent by
any party hereto, or waiver of, a breach by any other party, whether express or implied,
shall not constitute a consent to, waiver of, or excuse for any other, or subsequent,
breach.
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Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
h. Notice provided for in this Agreement shall be given by the Jurisdiction to the primary
liaison designated according to section 4.f. above:
[NAME]
[PHONE NUMBER]
[FAX NUMBER]
[EMAIL ADDRESS]
[MAIL ADDRESS]
Notice provided for in this Agreement shall be given to the Jurisdiction election official
referred to in 3(f) of this Agreement by phone:
Designated Election Official for Jurisdiction:
Phone:
After hour phone number:
Additional Contact Information:
Fax:
E-mail:
Address:
DATED this
day of , [YEAR].
WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Carly Koppes, Clerk and Recorder [CHAIR NAME], Chair
APPROVED AS TO FORM: ATTEST:
Clerk to the Board of County Commissioners
County Attorney Deputy Clerk to the Board
[ENTITY]
APPROVED AS TO FORM: ATTEST:
Attorney for Jurisdiction (Signature)
Designated Election Official for Jurisdiction
(Signature)
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Memorandum of Intergovernmental Agreement
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[ENTITY], hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of
County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the
Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the
administration of the November [ELECTION DATE], [YEAR], Coordinated Election conducted
pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and
regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to
address or modify statutory provisions regarding voter registration, nor to address or modify the
County Clerk's duties thereunder.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via mail ballot on November [ELECTION DATE], [YEAR]; and
WHEREAS, the Jurisdiction agrees to conduct a Coordinated Election with the County Clerk
acting as the Coordinated Election Official; and
WHEREAS, the County Clerk is the "Coordinated Election Official," pursuant to § 1-7-116,
C.R.S., and is to perform certain election services in consideration of performances by the Jurisdiction
of the obligations herein below set forth; and
WHEREAS, such agreements are authorized by statute at §§ 1-1-111(3), 1-7-116, 22-30-
104(2), 22-31-103, and 29-1-203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows:
1. The Jurisdiction encompasses territory within Weld County and
County. This Agreement shall be construed to apply only to that portion of the Jurisdiction
within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November [ELECTION DATE], [YEAR], Coordinated Election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk or designated election official for initiatives,
referenda, and referred measures under the provisions of §§ 31-11-101 through 31-11-
118 and 22-30-104(4), C.R.S.
b. To do all tasks required by law of designated election officials concerning nomination of
candidates by petition, including, but not limited to: issue approval as to form, where
appropriate, of nominating petition; determine candidate eligibility; receive candidate
acceptance of nominations; accept notice of intent, petitions for nomination, and
affidavits of circulators; verify signatures on nominating petitions; and hear any protests
of the nominating petitions, as said tasks are set forth in any applicable provisions of
Title 1, Article IV, Parts 8 and 9, and §§ 1-4-501, 22-31-103, and 22-31-107, C.R.S.
c. Establish order of names and questions for Jurisdiction's portion of the ballot and submit
to the County Clerk in final form. The ballot content, including a list of candidates, ballot
title, and text, must be certified to the County Clerk no later than 60 days before the
election, pursuant to § 1-5-203(3)(a), C.R.S.
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d. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and Article
10, Section 20(3)(b)(v), C.R.S. Comments to be accepted must be filed by noon on the
Friday before the 45th day before the election. Preparation of summaries of written
comments shall be done by the Jurisdiction but only to the extent required pursuant to §
1-7-903(3), C.R.S. The full text of any required ballot issue notices must be transmitted
to and received by the County Clerk no later than 43 days prior to the election pursuant
to § 1-7-904, C.R.S. No portion of this Subsection 3(d) shall require the County Clerk to
prepare summaries regarding the Jurisdiction's ballot issues.
e. Collect, prepare, and submit all information required to give notice pursuant to Colorado
Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. Such information
must be received by the County Clerk no less than 43 days prior to the election to give
the County Clerk sufficient time to circulate the information to voters.
f. Accept affidavits of intent to accept write-in candidacy up until close of business on the
64th day before the election, and provide a list of valid affidavits received and forward
them to the County Clerk pursuant to § 1-4-1102(2), C.R.S.
g -
Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election
as of November [ELECTION DATE], [YEAR], with a $200 minimum, within 30 days of
billing, regardless of whether or not the election is actually held. If the Jurisdiction
cancels the election before its Section 20, Article X, the Taxpayer's Bill of Rights, notices
are due to the County, and prior to the County Clerk incurring any expenses for the
printing of the ballots, the Jurisdiction shall not be obligated for any expenses under this
Subsection 3(g). The Jurisdiction shall also be responsible for costs of recounts
pursuant to §§ 1-10.5-107, 1-10.5-104, or 1-11-215 C.R.S., except for costs collected
from an "interested party" pursuant to § 1-10.5-106 which shall be collected by the entity
conducting the recount.
h. Designate an "election official" who shall act as the primary liaison between the
Jurisdiction and the County Clerk and who will have primary responsibility for the
conduct of election procedures to be handled by the Jurisdiction hereunder.
i. Mail ballot issue notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the county or counties where the political subdivision is located.
Carry out all action necessary for cancelation of an election including notice pursuant to
§ 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of
receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5-
208(5), C.R.S.
k. Jurisdiction shall verify as being accurate the list of registered elector's names and
addresses previously forwarded to the Jurisdiction by the Weld County Clerk and
Recorder's Office. By signing this Agreement, Jurisdiction represents that the list of
registered elector's names and addresses has been reviewed by the Jurisdiction and is
accurate. The Jurisdiction will promptly notify [DESIGNATED ELECTION EMPLOYEE],
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Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
the Weld County [EMPLOYEE TITLE] (see contact information in 5(h)), of any changes
to the information contained in said list.
I. By September [DATE], Jurisdiction shall notify all candidates to call the Election Office
at 970-304-6525 ext. 3109 to leave a voice mail containing the candidate's name
pronunciation and the office the candidate is seeking.
4. The County Clerk Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the Coordinated
Election Official for the conduct of the election for the Jurisdiction for all matters in the
Code which require action by the Coordinated Election Official.
b. Circulate the Taxpayer's Bill of Rights notice pursuant to Colorado Constitution Article
X, Section 20.
c. Circulate general Ballot Issues notices pursuant to §§ 1-7-905 and 1-7-906(1), C.R.S.
and publish and post notice, as directed in § 1-5-205, C.R.S.
d. Designate the statutory required number of drop boxes during the election cycle.
Designate not less than the statutory requirement of voter service and polling centers
for early voting and election day.
e. After Election Day, bill Jurisdiction for number of registered electors within the
Jurisdiction as of Election Day; identify the members of the Board of Canvassers eligible
for receiving a fee; and bill the Jurisdiction for the fees.
f. Designate an employee of the Weld County Clerk and Recorder's Office, Election
Division to act as a primary liaison or contact between the County Clerk and the
Jurisdiction (see contact information in 5(h)).
9.
The County Clerk shall appoint and train election judges and this power shall be
delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by
law.
h. 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 such appointments, and shall notify the County Clerk in
writing of such 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. The County Clerk shall perform all recounts
required by the Code.
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5. Additional Provisions
a. Time of the Essence.
Time is of the essence in this Agreement. The statutory time frames of the Code shall
apply to the completion of the tasks required by this Agreement.
b. Conflict of Agreement with Law.
This Agreement shall be interpreted to be consistent with the Code, provisions of Titles
31 and 22 applicable to the conduct of elections, and the Colorado Election Rules
contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the
statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail,
then this Agreement and lastly the Colorado Election Rules.
c. Right of Termination.
If Jurisdiction fails to accomplish its obligations, County is relieved of any further
obligation under this agreement. Jurisdiction is fully responsible for any actions that
result from its failure to meet its obligations.
d. Liquidated Damages.
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 damage, not as a penalty,
refund all payments made, pursuant to Subsection 3(g) 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.
e. No Waiver of Privileges or Immunities.
No term or condition of this Agreement shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections or other
provisions, of the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as
applicable now or hereafter amended, or any other applicable privileges or immunities
held by the parties to this Agreement.
f. No Third Party Beneficiary Enforcement.
It is expressly understood and agreed that the enforcement of the terms and conditions
of this Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in this Agreement shall give or allow
any claim or right of action whatsoever by any other person not included in this
Agreement. It is the express intention of the undersigned parties that any entity other
than the undersigned parties receiving services or benefits under this Agreement shall
be an incidental beneficiary only.
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Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
Entire Agreement, Modification, Waiver of Breach.
This Agreement contains the entire Agreement and understanding between the parties
to this Agreement and supersedes any other agreements concerning the subject matter
of this transaction, whether oral or written. No modification, amendment, novation,
renewal, or other alteration of or to this Agreement and any attached exhibits shall be
deemed valid or of any force or effect whatsoever, unless mutually agreed upon in
writing by the undersigned parties. No breach of any term, provision, or clause of this
Agreement shall be deemed waived or excused, unless such waiver or consent shall be
in writing and signed by the party claimed to have waived or consented. Any consent by
any party hereto, or waiver of, a breach by any other party, whether express or implied,
shall not constitute a consent to, waiver of, or excuse for any other, or subsequent,
breach.
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Memorandum of Intergovernmental Agreement
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h. Notice provided for in this Agreement shall be given by the Jurisdiction to the primary
liaison designated according to section 4.f. above:
[NAME]
[PHONE NUMBER]
[FAX NUMBER]
[EMAIL ADDRESS]
[MAIL ADDRESS]
Notice provided for in this Agreement shall be given to the Jurisdiction election official
referred to in Subsection 3(h) of this Agreement by phone:
Designated Election Official for Jurisdiction:
Phone:
After hour phone number:
Additional Contact Information:
Fax:
E-mail:
Address:
DATED this
day of [YEAR].
WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Carly Koppes, Clerk and Recorder [CHAIR NAME], Chair
APPROVED AS TO FORM: ATTEST:
Clerk to the Board of County Commissioners
County Attorney Deputy Clerk to the Board
[ENTITY]
APPROVED AS TO FORM: ATTEST:
Attorney for Jurisdiction (Signature)
Designated Election Official for Jurisdiction
(Signature)
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Memorandum of Intergovernmental Agreement
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[ENTITY], hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of
County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the
Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the
administration of the November [ELECTION DATE], [YEAR], Coordinated Election conducted
pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and
regulations promulgated thereunder, found at 8 C.C.R. 1505-1, and Title 37, C.R.S. This Agreement
is not intended to address or modify statutory provisions regarding voter registration, nor to address
or modify the County Clerk's duties thereunder.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via mail ballot on November [ELECTION DATE], [YEAR]; and
WHEREAS, the Jurisdiction agrees to conduct a Coordinated Election with the County Clerk
acting as the Coordinated Election Official; and
WHEREAS, the County Clerk is the "Coordinated Election Official," pursuant to § 1-7-116,
C.R.S., and is to perform certain election services in consideration of performances by the Jurisdiction
of the obligations herein below set forth; and
WHEREAS, such agreements are authorized by statute at §§ 1-1-111(3), 1-7-116, 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 is a special district which encompasses territory within Weld County and
County. This Agreement shall be
construed to apply only to that portion of the Jurisdiction within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November [ELECTION DATE], [YEAR], Coordinated Election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. To do all tasks required by law of designated election officials concerning self -
nomination and acceptance forms or letters as set forth in 1-13.5-303, C.R.S., any
applicable provisions of Title 1, Article IV, Parts 8 and 9, C.R.S., and § 1-4-501, C.R.S.
b. Establish order of names and questions for Jurisdiction's portion of the ballot and submit
to the County Clerk in final form. The ballot content, including a list of candidates, ballot
title, and text, must be certified to the County Clerk no later than 60 days before the
election, pursuant to § 1-5-203(3)(a), C.R.S.
c. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and Article
10, Section 20(3)(b)(v), C.R.S. Comments to be accepted must be filed by noon on the
Friday before the 45th day before the election. Preparation of summaries of written
comments shall be done by the Jurisdiction but only to the extent required pursuant to
§ 1-7-903(3), C.R.S. The full text of any required ballot issue notices must be transmitted
to and received by the County Clerk no later than 43 days prior to the election pursuant
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Memorandum of Intergovernmental Agreement
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to § 1-7-904, C.R.S. No portion of this Subsection 3(c) shall require the County Clerk to
prepare summaries regarding the Jurisdiction's ballot issues.
d. Collect, prepare, and submit all information required to give notice pursuant to Colorado
Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. Such information
must be received by the County Clerk no less than 43 days prior to the election to give
the County Clerk sufficient time to circulate the information to voters. Special Districts
shall be solely responsible for circulating the notice required to property owners and
personal property owners that reside out of Weld County pursuant to Colorado
Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights.
e. Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election
as of November [ELECTION DATE], [YEAR], with a $200 minimum, within 30 days
of billing, regardless of whether or not the election is actually held. If the Jurisdiction
cancels the election before its Section 20, Article X, the Taxpayer's Bill of Rights, notices
are due to the County, and prior to the County Clerk incurring any expenses for the
printing of the ballots, the Jurisdiction shall not be obligated for any expenses under this
Subsection 3(e). The Jurisdiction shall also be responsible for costs of recounts
pursuant to §§ 1-10.5-107, 1-10.5-104, or 1-11-215 C.R.S., except for costs collected
from an "interested party" pursuant to § 1-10.5-106 which shall be collected by the entity
conducting the recount.
f. Designate an "election official" 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.
g.
Mail ballot issue notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the county or counties where the political subdivision is located.
h. Carry out all action necessary for cancellation of an election including notice pursuant
to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of
receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5-
208(5), C.R.S.
In order to ensure property owners and personal property owners are accurately
represented in special district elections, Weld County will provide Jurisdiction with a list
of registered UOCAVA voters. Jurisdiction shall compare said list of registered UOCAVA
voters with the district's list of property owners and personal property owners and
provide Weld County with a list of property owners and personal property owners that
are eligible to vote within the special district but who are not registered voters within the
special district by September [DATE]. Jurisdiction must provide the voter's ID number
on the list of property owners returned to Weld County. Weld County will mail such
UOCAVA property owner(s) a ballot by September [DATE].
In order to ensure that property owners and personal property owners are accurately
represented in special district elections, Weld County will provide Jurisdiction with a list
of the voters registered within the special district. Jurisdiction shall compare said list of
registered voters with the district's list of property owners and personal property owners
and provide Weld County with a list of property owners and personal property owners
that are eligible to vote within the special district but who are not registered voters within
the special district by September [DATE]. Jurisdiction must provide the voter's ID
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Memorandum of Intergovernmental Agreement
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number on the list of property owners returned to Weld County. Weld County will mail
such property owner(s) a ballot by October [DATE]. Weld County will charge the $1.25
for each property owner ballot mailed in addition to any charges specified in above
Section 3(e).
k. Jurisdiction shall verify as being accurate the list of registered elector's names and
addresses previously forwarded to the Jurisdiction by the Weld County Clerk and
Recorder's Office. By signing this Agreement, Jurisdiction certifies that the list of
registered elector's names and addresses has been reviewed by the Jurisdiction and is
accurate. The Jurisdiction will promptly notify [DESIGNATED ELECTION
EMPLOYEE], the Weld County [EMPLOYEE TITLE] (see contact information in
5(h)), of any changes to the information contained in said list.
I. By September [DATE], Jurisdiction shall notify all candidates to call the Election Office
at 970-304-6525 ext. 3109 to leave a voice mail on how to pronounce the candidate's
name for the audio ballot.
4. The County Clerk Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the Coordinated
Election Official for the conduct of the election for the Jurisdiction for all matters in the
Code which require action by the Coordinated Election Official.
b. Circulate the Taxpayer's Bill of Rights notice pursuant to Colorado Constitution Article
X, Section 20 to only those active eligible electors residing within the special district.
Jurisdiction shall be solely responsible for circulating Taxpayer's Bill of Rights notice
required to property owners and personal property owners that reside out of Weld
County.
c. Circulate general Ballot Issues notices pursuant to §§ 1-7-905 and 1-7-906(1), C.R.S.
and publish and post notice, as directed in § 1-5-205, C.R.S.
d. Designate the statutory required number of drop boxes during the election cycle.
Designate not less than the statutory requirement of voter service and polling centers
for early voting and election day.
e. After Election Day, bill Jurisdiction for number of registered electors within the
Jurisdiction as of Election Day; identify the members of the Board of Canvassers eligible
for receiving a fee; and bill the Jurisdiction for the fees.
f. Designate an employee of the Weld County Clerk and Recorder's Office, Election
Division to act as a primary liaison or contact between the County Clerk and the
Jurisdiction (see contact information in 5(h)).
g.
The County Clerk shall appoint and train election judges and this power shall be
delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by
law.
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Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
h. 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 such appointments, and shall notify the County Clerk in
writing of such 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. The County Clerk shall perform all recounts
required by the Code.
5. Additional Provisions
a. Time of the Essence.
Time is of the essence in this Agreement. The statutory time frames of the Code shall
apply to the completion of the tasks required by this Agreement.
b. Conflict of Agreement with Law.
This Agreement shall be interpreted to be consistent with the Code, Title 32, C.R.S.,
and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an
irreconcilable conflict between the statutes, this Agreement and the Colorado Election
Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado
Election Rules.
c. Right of Termination.
If Jurisdiction fails to accomplish its obligations, County is relieved of any further
obligation under this agreement. Jurisdiction is fully responsible for any actions that
result from its failure to meet its obligations.
d. Liquidated Damages.
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 damage, not as a penalty,
refund all payments made, pursuant to Subsection 3(e) 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.
e. No Waiver of Privileges or Immunities.
No term or condition of this Agreement shall be construed or interpreted as a waiver,
expressed or implied, of any of the immunities, rights, benefits, protections or other
provisions, of the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as
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Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
applicable now or hereafter amended, or any other applicable privileges or immunities
held by the parties to this Agreement.
f. No Third Party Beneficiary Enforcement.
It is expressly understood and agreed that the enforcement of the terms and conditions
of this Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in this Agreement shall give or allow
any claim or right of action whatsoever by any other person not included in this
Agreement. It is the express intention of the undersigned parties that any entity other
than the undersigned parties receiving services or benefits under this Agreement shall
be an incidental beneficiary only.
g.
Entire Agreement, Modification, Waiver of Breach.
This Agreement contains the entire Agreement and understanding between the parties
to this Agreement and supersedes any other agreements concerning the subject matter
of this transaction, whether oral or written. No modification, amendment, novation,
renewal, or other alteration of or to this Agreement and any attached exhibits shall be
deemed valid or of any force or effect whatsoever, unless mutually agreed upon in
writing by the undersigned parties. No breach of any term, provision, or clause of this
Agreement shall be deemed waived or excused, unless such waiver or consent shall be
in writing and signed by the party claimed to have waived or consented. Any consent by
any party hereto, or waiver of, a breach by any other party, whether expressed or
implied, shall not constitute a consent to, waiver of, or excuse for any other, or
subsequent, breach.
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Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
h. Notice provided for in this Agreement shall be given by the Jurisdiction to the primary
liaison designated according to section 4.f. above:
[NAME]
[PHONE NUMBER]
[FAX NUMBER]
[EMAIL ADDRESS]
[MAIL ADDRESS]
Notice provided for in this Agreement shall be given to the Jurisdiction election official
referred to in 3(f) of this Agreement by phone:
Designated Election Official for Jurisdiction:
Phone:
After hour phone number:
Additional Contact Information:
Fax:
E-mail:
Address:
DATED this
day of , [YEAR].
WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Carly Koppes, Clerk and Recorder [CHAIR NAME], Chair
APPROVED AS TO FORM: ATTEST:
Clerk to the Board of County Commissioners
County Attorney Deputy Clerk to the Board
[ENTITY]
APPROVED AS TO FORM: ATTEST:
Attorney for Jurisdiction (Signature)
Designated Election Official for Jurisdiction
(Signature)
6 of 6
ubragbt5%rids
Memorandum of Intergovernmental Agreement
For Conduct of Coordinated Elections
[ENTITY], hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of
County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the
Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the
administration of the November [ELECTION DATE], [YEAR],Coordinated Election conducted
pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and
regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to
address or modify statutory provisions regarding voter registration, nor to address or modify the
County Clerk's duties thereunder.
WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority
or to have certain items placed on the ballot at an election pursuant to its statutory authority, such
election to occur via mail ballot on November [ELECTION DATE], [YEAR]; and
WHEREAS, the Jurisdiction agrees to conduct a Coordinated Election with the County Clerk
acting as the Coordinated Election Official; and
WHEREAS, the County Clerk is the "Coordinated Election Official," pursuant to § 1-7-116,
C.R.S., and is to perform certain election services in consideration of performances by the Jurisdiction
of the obligations herein below set forth; and
WHEREAS, pursuant to 24-90-112, or 24-90-112.5, the District wishes to issue a Bond or Tax
Levy for the purpose of constructing a new facility, and
WHEREAS, such agreements are authorized by statute at §§ 1-1-111(3), 1-7-116, 22-30-
104(2), 22-31-103, and 29-1-203, et seq., C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows:
1. The Jurisdiction encompasses territory within Weld County and
County. This Agreement shall be construed to apply only to that portion of the Jurisdiction
within Weld County.
2. Term of Agreement: This Agreement is intended only to deal with the conduct of the
November [ELECTION DATE], [YEAR]„ Coordinated Election.
3. The Jurisdiction agrees to perform the following tasks and activities:
a. Conduct all procedures required of the clerk or designated election official for initiatives,
referenda, and referred measures under the provisions of §§ 31-11-101 through 31-11-
118 and 22-30-104(4), C.R.S.
b. To do all tasks required by law of designated election officials concerning nomination of
candidates by petition, including, but not limited to: issue approval as to form, where
appropriate, of nominating petition; determine candidate eligibility; receive candidate
acceptance of nominations; accept notice of intent, petitions for nomination, and
affidavits of circulators; verify signatures on nominating petitions; and hear any protests
of the nominating petitions, as said tasks are set forth in any applicable provisions of
Title 1, Article IV, Parts 8 and 9, and §§ 1-4-501, 22-31-103, and 22-31-107, C.R.S.
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Memorandum of Intergovernmental Agreement
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c. Establish order of names and questions for Jurisdiction's portion of the ballot and submit
to the County Clerk in final form. The ballot content, including a list of candidates, ballot
title, and text, must be certified to the County Clerk no later than 60 days before the
election, pursuant to § 1-5-203(3)(a), C.R.S.
d. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and Article
10, Section 20(3)(b)(v), C.R.S. Comments to be accepted must be filed by noon on the
Friday before the 45th day before the election. Preparation of summaries of written
comments shall be done by the Jurisdiction but only to the extent required pursuant to §
1-7-903(3), C.R.S. The full text of any required ballot issue notices must be transmitted
to and received by the County Clerk no later than 43 days prior to the election pursuant
to § 1-7-904, C.R.S. No portion of this Subsection 3(d) shall require the County Clerk to
prepare summaries regarding the Jurisdiction's ballot issues.
e. Collect, prepare, and submit all information required to give notice pursuant to Colorado
Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. Such information
must be received by the County Clerk no less than 43 days prior to the election to give
the County Clerk sufficient time to circulate the information to voters.
f. Accept affidavits of intent to accept write-in candidacy up until close of business on the
64th day before the election, and provide a list of valid affidavits received and forward
them to the County Clerk pursuant to § 1-4-1102(2), C.R.S.
g.
Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election
as of November [ELECTION DATE], [YEAR], with a $200 minimum, within 30 days
of billing, regardless of whether or not the election is actually held. If the Jurisdiction
cancels the election before its Section 20, Article X, the Taxpayer's Bill of Rights, notices
are due to the County, and prior to the County Clerk incurring any expenses for the
printing of the ballots, the Jurisdiction shall not be obligated for any expenses under this
Subsection 3(g) (h). The Jurisdiction shall also be responsible for costs of recounts
pursuant to §§ 1-10.5-107, 1-10.5-104, or 1-11-215 C.R.S., except for costs collected
from an "interested party" pursuant to § 1-10.5-106 which shall be collected by the entity
conducting the recount.
h. Designate an "election official" who shall act as the primary liaison between the
Jurisdiction and the County Clerk and who will have primary responsibility for the
conduct of election procedures to be handled by the Jurisdiction hereunder.
i. Mail ballot issue notices pursuant to § 1-7-906(2) for active registered electors who do
not reside within the county or counties where the political subdivision is located.
Carry out all action necessary for cancelation of an election including notice pursuant to
§ 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of
receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5-
208(5), C.R.S.
k. Jurisdiction shall verify as being accurate the list of registered elector's names and
addresses previously forwarded to the Jurisdiction by the Weld County Clerk and
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Recorder's Office. By signing this Agreement, Jurisdiction represents that the list of
registered elector's names and addresses has been reviewed by the Jurisdiction and is
accurate. The Jurisdiction will promptly notify [DESIGNATED ELECTION
EMPLOYEE], the Weld County [EMPLOYEE TITLE] (see contact information in
5(h)), of any changes to the information contained in said list.
I. By September [DATE], Jurisdiction shall notify all candidates to call the Election Office
at 970-304-6525 ext. 3109 to leave a voice mail containing the candidates name
pronunciation and the office the candidate is seeking.
m. Jurisdiction is responsible for compliance with 24-90-101 et seq. This includes meeting
any timing deadlines, and providing sufficient time for the Board of County
Commissioners to complete any required action.
4. The County Clerk Agrees to perform the following tasks and activities:
a. Except as otherwise expressly provided for in this Agreement, to act as the Coordinated
Election Official for the conduct of the election for the Jurisdiction for all matters in the
Code which require action by the Coordinated Election Official.
b. Circulate the Taxpayer's Bill of Rights notice pursuant to Colorado Constitution Article
X, Section 20.
c. Circulate general Ballot Issues notices pursuant to §§ 1-7-905 and 1-7-906(1), C.R.S.
and publish and post notice, as directed in § 1-5-205, C.R.S.
d. Designate the statutory required number of drop boxes during the election cycle.
Designate not less than the statutory requirement of voter service and polling centers
for early voting and election day.
e. After Election Day, bill Jurisdiction for number of registered electors within the
Jurisdiction as of Election Day; identify the members of the Board of Canvassers eligible
for receiving a fee; and bill the Jurisdiction for the fees.
f. Designate an employee of the Weld County Clerk and Recorder's Office, Election
Division to act as a primary liaison or contact between the County Clerk and the
Jurisdiction (see contact information in 5(h)).
g. The County Clerk shall appoint and train election judges and this power shall be
delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by
law.
h. 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 such appointments, and shall notify the County Clerk in
writing of such appointments not later than 15 days prior to the election. The County
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Clerk shall receive and canvass all votes, and shall certify the results in the time and
manner provided and required by the Code. The County Clerk shall perform all recounts
required by the Code.
5. Additional Provisions
a. Time of the Essence.
Time is of the essence in this Agreement. The statutory time frames of the Code shall
apply to the completion of the tasks required by this Agreement.
b. Conflict of Agreement with Law.
This Agreement shall be interpreted to be consistent with the Code, provisions of Titles
31 and 22 applicable to the conduct of elections, and the Colorado Election Rules
contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the
statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail,
then this Agreement and lastly the Colorado Election Rules.
c. Right of Termination
If Jurisdiction fails to accomplish its obligations, County is relieved of any further
obligation under this agreement. Jurisdiction is fully responsible for any actions
that result from its failure to meet its obligations.
d. Liquidated Damages.
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 damage, not as a penalty,
refund all payments made, pursuant to Subsection 3(g) 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.
e. No Waiver of Privileges or Immunities.
No term or condition of this Agreement shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections or other
provisions, of the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as
applicable now or hereafter amended, or any other applicable privileges or immunities
held by the parties to this Agreement.
f. No Third Party Beneficiary Enforcement.
It is expressly understood and agreed that the enforcement of the terms and conditions
of this Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in this Agreement shall give or allow
any claim or right of action whatsoever by any other person not included in this
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Agreement. It is the express intention of the undersigned parties that any entity other
than the undersigned parties receiving services or benefits under this Agreement shall
be an incidental beneficiary only.
Entire Agreement, Modification, Waiver of Breach.
This Agreement contains the entire Agreement and understanding between the parties
to this Agreement and supersedes any other agreements concerning the subject matter
of this transaction, whether oral or written. No modification, amendment, novation,
renewal, or other alteration of or to this Agreement and any attached exhibits shall be
deemed valid or of any force or effect whatsoever, unless mutually agreed upon in
writing by the undersigned parties. No breach of any term, provision, or clause of this
Agreement shall be deemed waived or excused, unless such waiver or consent shall be
in writing and signed by the party claimed to have waived or consented. Any consent by
any party hereto, or waiver of, a breach by any other party, whether express or implied,
shall not constitute a consent to, waiver of, or excuse for any other, or subsequent,
breach.
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h. Notice provided for in this Agreement shall be given by the Jurisdiction to the primary
liaison designated according to section 4.f. above:
[NAME]
[PHONE NUMBER]
[FAX NUMBER]
[EMAIL ADDRESS]
[MAIL ADDRESS]
Notice provided for in this Agreement shall be given to the Jurisdiction election official
referred to in Subsection 3(h) of this Agreement by phone:
Designated Election Official for Jurisdiction:
Phone:
After hour phone number:
Additional Contact Information:
Fax:
E-mail:
Address:
DATED this
day of , [YEAR].
WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD COUNTY
Carly Koppes, Clerk and Recorder [CHAIR NAME], Chair
APPROVED AS TO FORM: ATTEST:
Clerk to the Board of County Commissioners
County Attorney Deputy Clerk to the Board
[ENTITY]
APPROVED AS TO FORM: ATTEST:
Attorney for Jurisdiction (Signature)
Designated Election Official for Jurisdiction
(Signature)
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