Mail Ballot and TABOR Election Procedures May 8, 2018 Regular Election

Presented by Micki L. Mills, Paralegal

Mail Ballot Election Procedures • Follow the mail ballot procedures set forth in the Colorado Local Government Election Code, specifically Section 1-13.5-1101, et seq., C.R.S. • Do NOT use the procedures of the Mail Ballot Election Act within the Uniform Election Code of 1992 (Section 17.5-101, et seq., C.R.S.).

MAIL BALLOT PLAN • Mail Ballot Plan must be on file at the principal office of the special district or Designated Election Official (DEO) no later than 55 days before the election, March 14th • Not required to be filed with Secretary of State. • Include location(s) for delivery of voted ballots and where ballots can be obtained. Not required to be located within special district. Should be convenient to eligible electors.

ELECTION LISTS AND SUPPLIES •

Order list of all owners of taxable real and personal property from County Assessor

•

Order list of all registered voters residing within the special district from County Clerk

•

Lists must be ordered no later than 40 days prior to the election, March 29th

•

Need lists early to create list of eligible electors and for mailing TABOR Notice, if applicable

•

Order or arrange for printing of other election supplies: – – –

Ballots (DEO must have printed ballots by April 6th) Envelopes (mailing and return envelopes with voter affidavit) Secrecy sleeve with voting instructions

ELECTION JUDGES •

Appoint Election Judges – – – –

•

Ensure you have enough for the size of the election (minimum of 2) Last day to appoint election judges is April 23rd Can appoint earlier if required Mail each a certificate of appointment and an acceptance of the appointment form for their signature and return

Qualifications – Registered to vote in Colorado – Willing to serve and willing to attend training class – Not a candidate on the ballot and not an immediate family member of any candidate on the ballot

ELECTION JUDGES,

CONT.

•

Duties – Check voter eligibility – Issue new or replacement ballots – Receive voted ballots – Handle walk-ins – Count ballots and certify unofficial election results

•

Training – Earliest day to offer training is March 24th – SDA will produce Election Judge Training webinar

ELIGIBLE ELECTOR LIST Before a ballot can be mailed to a person, you must confirm they are an eligible elector of the special district. To determine who are the eligible electors: • • •

Compare the property owners list to the voter registration list. Remove any duplicate names. If the special district is located in multiple counties, compare all lists from each county and remove duplicate names. Remove any property owners who are not natural persons, such as corporations, partnerships, trusts, etc.

ELIGIBLE ELECTOR LIST, CONT. •

Remove any elector who was issued a UOCAVA ballot.

•

Remove any property owner that resides outside of the state.

•

Confirm the property owners who are natural persons and not listed on the voter registration list are registered to vote in Colorado. This can be done online through the Secretary of State’s website.

•

Only persons listed as an “active” voter shall be mailed a ballot. “Inactive” voters must request a ballot from the DEO.

ELIGIBLE ELECTOR LIST, CONT. •

Create Eligible Elector List/Poll Book, which should include: - Name and address of each elector - Ballot stub number issued to each elector - Date each ballot was mailed or delivered - Date each voted ballot is returned - Date any ballot is returned as undelivered

•

Review supplemental lists from County Clerk and County Assessor to be received by April 18th – Review for changes, additions or deletions – Make any revisions to Eligible Elector List/Poll Book – Mail ballots to additions

MAIL BALLOT PACKET • Mail ballot packets no earlier than 22 days before the election, April 16th, and no later than 15 days before the election, April 23rd • Mail ballot packets must include: - Ballot - Secrecy sleeve, with voter instructions - Return envelope, with voter affidavit

NOTICE OF MAIL BALLOT ELECTION Notice of Mail Ballot Election must be: •

Published in legal newspaper circulated within special district one time no later than 20 days before the election, April 18th

•

If special district is located in more than one county and if there is no newspaper of general circulation within the entire special district, then must publish in newspaper of general circulation in each county in which special district is located and in which there are 50 or more eligible electors of the special district

•

Posted in DEO’s office until after the election

•

Mailed or emailed to County Clerk of each county in which special district is located

WALK-IN LOCATION •

Mail ballot packets must be available at location designated in Mail Ballot Plan for: – “Inactive” electors – Eligible electors not on voter registration list or property owners list (i.e. spouse or civil union partner of a property owner) – Replacement ballots

•

Location open April 16th to May 7th, Monday through Friday, during normal business hours

•

Location open on Election Day, May 8th, from 7:00 a.m. to 7:00 p.m.

REQUEST FOR MAIL BALLOT An elector must complete Request for Mail Ballot form to obtain: • Replacement ballot • New ballot if not on Eligible Elector List/Poll Book

MAIL BALLOT LOG • Maintain daily Mail Ballot Log of number of ballots: – Received in return envelopes – Returned as undeliverable

• Record activity daily • Keep Log in secure location

COUNTING BALLOTS • Election Judges may begin counting voted ballots no earlier than 15 days prior to the election, April 23rd • Not necessary or recommended for small elections • May count ballots throughout Election Day • Do not need to wait until 7:00 p.m. to commence counting • Must preserve secrecy of count until after 7:00 p.m. on Election Day

ELECTION NIGHT • Election Judges certify unofficial election results and post at walk-in location • Election Judges issue Certificate of Election Returns • Designated Election Judge shall return all election supplies and materials to DEO • Make sure Election Judges have signed all necessary forms before leaving the walk-in/counting location

CANVASS BOARD •

DEO appoints Canvass Board, at least 15 days before the election, April 23rd – One special district Board member; and – One eligible elector (not a Board member)

•

To the fullest extent possible, no member of Canvass Board nor the member’s spouse or civil union partner shall have a direct interest in the election (i.e. NOT a candidate on the ballot)

•

Duty is to certify final election results after Election Day

CANVASS BOARD, CONT. •

Last day Canvass Board shall certify the final election results is May 22nd

•

Must wait to ensure all eligible UOCAVA ballots have been received up to the 8th day after the election, May 16th

•

File Canvass Board’s Certificate of Election Results with the Division of Local Government and post on special district’s website, if required

•

Make and transmit to each person elected a certificate of such person’s election

Taxpayer’s Bill of Rights (TABOR) General Information – TABOR elections can only be held at the November general election, November odd-year election or the special district’s regular election dates. – TABOR ballot issues are those subject to the TABOR restrictions, such as a tax increase, debt authorization, multi-fiscal year obligations, de-Brucing or de-Gallagherizing. – TABOR elections must be conducted as a mail ballot election.

TABOR NOTICE Form of TABOR Notice – Section 20(3)(b) of Article X, Colorado Constitution, provides specifically what must be included in the TABOR Notice. – The TABOR Notice shall begin with “All registered voters”, and ends at the conclusion of the summary of the pro/con comments. – Except for voter-approved additions, no other information, other than what is required by TABOR, shall be included within the Notice.

TABOR NOTICE, CONT. •

Must be mailed to each household where an active registered elector of the special district resides, no later than 30 days before the election, April 6th

•

DEOs of overlapping special districts conducting TABOR elections shall confer regarding the preparation and mailing of the TABOR Notices as a package, by agreement, no later than 40 days prior to the election, March 29th

•

Ensure all required information is included in the TABOR Notice, which is specific to the ballot issue(s) being submitted

•

Special district Board or designee shall provide the DEO with the fiscal financial information that must be included in the TABOR Notice

TABOR NOTICE, CONT. •

DEO shall summarize any pro and con comments to be included in the TABOR Notice. To be summarized and included in the TABOR Notice, the comment must: – be submitted by an eligible elector of the special district, no later than the end of business day on the Friday before the 45th day before the election, March 23rd – shall address the specific ballot issue – shall include a signature and address where signor is registered to vote – shall be filed with the special district DEO, not the County Clerk

TABOR NOTICE, CONT. •

If no comments are filed, the TABOR Notice shall include a statement where the summary would be printed “No comments were filed by the constitutional deadline.”

•

Each pro and con summary shall be no more than 500 words for each ballot issue.

•

No summary shall mention names of persons or private groups, nor any endorsements of or resolutions against the proposal.

•

Special districts are not required to solicit pro or con comments.

NOTICE OF ELECTION TO CREATE A FINANCIAL OBLIGATION For special districts submitting a ballot issue to create any debt or other financial obligation •

Notice must be posted on the special district’s website or, if no website, at the special district’s chief administrative office no later than 20 days before the election (April 18th).

•

Notice content is very specific and set forth in statute.

•

This Notice is in addition to all other notices and cannot substitute, replace or be combined with any other election notice.

Last Call for Questions…..

Micki L. Mills [email protected]