HomeMy WebLinkAboutresolution.council.093-19 RESOLUTION # 93
(Series of 2019)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
CALLING FOR AND ESTABLISHING A DATE FOR THE CITY OF ASPEN TO
COORDINATE WITH PITKIN COUNTY FOR THE 2019 GENERAL ELECTION TO
BE CONDUCTED ON NOVEMBER 5, 2019 AND AUTHORIZING THE CITY CLERK
TO EXECUTE THE INTERGOVERNMENTAL AGREEMENT CONCERNING THE
2019 GENERAL ELECTION.
WHEREAS, there has been submitted to the City Council an intergovernmental
agreement for the 2019 General Election, between the City of Aspen "Political
Subdivision" and Pitkin County Clerk and Recorder, a true and accurate copy of which is
attached hereto as Exhibit"A"; and
WHEREAS, the City Council desires to place before the Aspen electorate certain
ballot questions; and
WHEREAS, the City Council may add such additional questions to the ballot as it
may hereafter deem appropriate,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO,
Section 1:
The City of Aspen shall coordinate with the General Election established for Tuesday,
November 5, 2019 for the purposes of submitting ballot questions regarding retaining excess
funds collected from the tobacco tax and any other questions to be determined by the City
Council at a future date.
Section 2:
Pursuant to Ordinance No. 31, Series of 1996, the coordinated election shall be conducted in
accordance with the Uniform Election Code of 1992, as amended. The City Clerk shall take
all steps necessary to negotiate with the Pitkin Clerk and Recorder for the preparation of an
intergovernmental agreement in accordance with Section 1-7-116, C.R.S., concerning the
conduct of the November 5, 2019 Coordinated General Election according to law. The City
Clerk shall be authorized to execute the intergovernmental agreement concerning the 2019
general election.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall'
be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on
the 12th day of August 2019.
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Torre, Mayor
I, Linda Manning, duly appointed and acting City Clerk do certify that the foregoing
is a true and accurate copy of that resolution adopted by the City Council of the City of
Aspen, Colorado, at a meeting held, August 12, 2019.
Manning, City Clerk
UCT OF
ti 2019 COORDINATED ELECTION
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is entered into between
the Pitkin County Clerk and Recorder (hereinafter referred to as "Clerk") and
(hereinafter referred to as "Political Subdivision").
This agreement must be signed and delivered to the Clerk by August 27, 2019, 4:30
p.m., no later than 70 days prior to the Election.
1. PURPOSE
The Clerk & Political Subdivision agree to schedule a Coordinated Election on
November 5, 2019, (hereinafter referred to as "Election"). This Agreement sets forth the
responsibilities between the Clerk and Political Subdivision for the preparation and conduct of
the Election.
The parties agree as follows:
II. APPLICABLE LAW
The Election is to be held under the provisions of Title I of the Colorado Revised Statute
(C.R.S.), and the Secretary of State Election Rules. If any Political Subdivision encompasses
territory in more than one county, this Agreement applies only to the portion of the Political
Subdivision within Pitkin County.
M. DESIGNATION OF OFFICIALS
A. Clerk's Designated Election Official
The Clerk designates the following person as the Designated Election Official, i.e.
contact person, to act as the Clerk's primary liaison with the Political Subdivision for all
purposes relating to the Election. The Contact Officer acts under the authority of the Cleric.
DEO Name: Elizabeth Granado
Mailing Address: 530 E. Main Street Suite 104 Aspen, CO 81611
Phone Number: 970-429-2711
Fax Number: 970-445-3007
Email Address: Elizabeth. ranado itkincaunt .com
B. Political Subdivision's Designated Election Official
The Political Subdivision designates the following person as the Designated Election
Official ("DEO") for purposes of the 2019 Coordinated Election. The DEO is the primary liaison
between the Political Subdivision and the Clerk.
DEO Name:
Mailing Add
Phone Num1:
&k- Peen, C0 ZUi I
Fax Number:
Email Address: Ci C�j� ~COJA4
Alternate DEO: The Political Subdivision designates CG •( d , phone
an alternate DEO if the primary DEO is unavailable For unforeseen
circumstances.
IV, DUTIES OF THE CLERK: Election Preparation
The Clerk must:
i. Provide Political Subdivision with an address library report which lists all
residential street addresses situated within the Political Subdivision's
boundaries according to Colorado's statewide voter registration database
("SCORE")
ii. Manage and update all voter registration records.
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iii. Supply, deliver, and set up all voting equipment and other items necessary
to conduct the Election.
iv. Appoint eligible electors as election judges, arrange for their
compensation and provide all training to election judges in advance of the
Election.
v. IncIude on the ballot all content timely certified by Political Subdivision.
vi. Contract and arrange for payment for printing of ballots, ballot envelopes,
and other printed materials reasonably necessary to conduct the Election.
vii. Publish notice of polling center locations no later than 20 days before the
Election in compliance with C.R.S.
viii. Perform all required acceptance testing, hardware diagnostic testing and
logic and accuracy testing of voting equipment.and its components.
ix. Designate the proper number of voter service and polling centers
(VSPCs), early voting centers and mail ballots drop off locations, ensuring
the VSPCs are accessible to electors with disabilities.
V. DUTIES OF THE CLERK: Election Conduct
The Clerk must:
i. Provide for the security and processing of all mail ballots by receiving,
verifying voter signatures, and counting ballots.
ii. Issue mail ballots to and accept voted mail ballots from military and
overseas voters in compliance with deadlines and delivery methods under
state and federal law.
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iii. Provide for the security and reconciliation of official ballots supplied for
or cast at the VSPCs and mail ballot processing center.
iv. Provide provisional ballots for use by electors and process them in
accordance with C.R.S,
Y. Prepare and conduct the Canvass of Votes within the time required by law.
vi. Certify and provide official results to all political subdivisions
participating in the Election.
vii. Conduct any post -election audit as required by state or federal law.
viii. Conduct any mandatory or permissive recount.
ix. Preserve all election records relating to the Election for at least twenty-
five months, as required by C.R.S.
VI. DUTIES OF POLITICAL SUBDIVISION: Election Preparation
The Political Subdivision must:
i. Determine whether a ballot issue, ballot question, candidate contest or
candidate is eligible or properly certified for the ballot.
ii. Verify and certify to the Clerk the address library report the Clerk
provides is accurate and complete by August 27, 2019, 4:30 p.m., 70 days
before the Election. Political Subdivision will notify the Clerk of any
address ranges or street names in the address library report that are
inaccurate, incomplete, or omitted in its certification.
NOTE: If certification is not provided by August 27, 2019, the
Political Subdivision may not participate in the Election, or alternatively,
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the Clerk, in her discretion, may build the Election on the assumption that
the address library report is complete and accurate.
iii. Deliver to the Clerk a certified copy of the ordinance or resolution
authorizing the Political Subdivision to participate in the EIection
according to the terms of this Agreement by August 27, 2019, 4:30 p.m.,
70 days before the Election, and identifying person(s) authorized to
execute this Agreement.
iv. Provide a certified copy to the Clerk of all ballot content in the format
provided for in Section V11.
v. Post or publish any legal notices required of the Political Subdivision not
expressly agreed to be the responsibility of the Clerk in this Agreement.
VII. ADDITIONAL DUTIES FOR SPECIAL DISTRICT ELECTIONS:
The Special Districts must:
i. Certify the Iist of property owners eligible to vote for special district
elections under section 31-2-806 C.R.S. by September 13.4:30 p.m.
ii. Notify eligible property owners within the Political Subdivision of the
option to contact the Clerk for a property owner mail ballot. Clerk will
provide a draft of property owner affidavit to DEO for mailing.
VIII. DUTIES OF POLITICAL SUBDIVISION: Ballot Content
The Political Subdivision must:
i. Certify and email ballot content to the Clerk no later than September 6,
2019, 4:30 p.m., 60 days before the election.
ii. Use the exact language and order ballot content is to appear on the printed
official and sample ballots for the Election for all certified ballot content.
iii. Limit ballot content to 200 words, including title, unless the Clerk
provides written consent in advance.
iv. Submit and Format Ballot Content in the following format;
1. Microsoft Word '97 or later
2. Font Type: Arial
3. Font Size- 8 point
4. Justification: Left
5. Spacing: Single
6. All Margins: 0.5 inches
7. Language: English
8. Ballot Title: Bold and lower case
9. Audio File Type: Wave Sound, file extension.wav
NOTE: The Political Subdivision's certified content will be final upon
receipt by the Clerk. The Clerk will not be responsible for making any changes
after Political Subdivision's certification of its ballot content. if changes are
requested, the Clerk, in her discretion, may allow changes and charge the Political
Subdivision accordingly.
v. Designate an agent to appear in person to proofread and approve ballot
content certified by Political Subdivision as it appears on ballot artwork
before printing within one business day after Clerk notification. The
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Political Subdivision designates the following as their agent to approve
ballot artwork:
Name:
Phone Number:
_Q�Q' Z��ZJC3
Cell Phone Number:
Fax Number: Q
Email Address: 6 a? V ,coV
NOTE: Changes will be made to ballot artwork only if ballot artwork does ''I/
not match the certified ballot content provided by the Political Subdivision.
IX. BALLOT ISSUE NOTICE "TABOR NOTICE"): Political Subdivision duties
The Political Subdivision will:
i. Ensure timely preparation, accuracy, and legal sufficiency of any TABOR
notice content.
ii. Provide a local office address and telephone number in its TABOR notice.
iii. Email pro and con statements and required fiscal information to the Clerk
by September 23, 2019, 4:30 p.m., no later than 43 days to the Election.
iv. Submit pro and con statements in the following format:
1. Microsoft Word '97 or later
2. Font Type: Arial
3. Font Size: 8 point
4. Justification: Left
5. Spacing: Single
6. All Margins: 0.5 inches
7. Language: English
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v. Designate an agent to proofread and approve via email Political
Subdivision's TABOR notice content before printing within four hours
after receiving TABOR notice artwork from the Clerk. The Political
Subdivision designates the following as their agent to approve TABOR
notice artwork:
Name:
Phone Number:
Cell Phone Number:
Fax Number: f*
Email Address: I
vi. Mail its TABOR notice content to all property owners within the Political
Subdivision who are eligible to vote on the ballot issue, except for electors
to whom the Clerk mails the combined TABOR notice.
vii. Pay the prorated amount of the total cost to produce and mail the complete
TABOR notice, based on the total number of registered voters residing
within the Political Subdivision as reflected by the voter registration
records as of the voter registration deadline for the Election, and by the
columnar length in inches, rounded to the nearest quarter inch, the
Political Subdivision issues occupy in the TABOR notice.
X. BALLOT ISSUE NOTICE "TABOR NOTICE"): Clerk's duties
The Clerk will:
i. Prepare and mail a combined TABOR notice no less than 30 days prior to
the Election.
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ii. Mail TABOR notice to eligible electors at each address in Pitkin County
where one or more registered voters of the Political Subdivision and of
any other participating political subdivision resides.
iii. Determine the least cost method for mailing the TABOR notice.
iv. Refer inquiries concerning the substance of ballot issues and ballot
questions or Political Subdivision operations to the Political Subdivision
DEO named in this Agreement.
XI. ELECTION COSTS
i. The Clerk will keep accurate accounts of all costs incurred to conduct the
Election, including, but not limited to, costs for supplies, printing, ballot
mailing, TABOR, election notices, temporary labor, compensation of
election judges, and other expenses attributable to conducting the Election
on behalf of the Political Subdivision.
ii. The Clerk will determine the cost allocation for each Political Subdivision
participating in the Election. The cost is determined on the basis of the
total number of registered voters within each Political Subdivision and the
amount of space, in inches, the Political Subdivision uses on the ballot or
ballot issue notice.
iii. The Clerk will charge and allocate to the Political Subdivision its share of
expenses incurred by the Clerk to remedy, resolve, or reconcile the
Political Subdivision's failure or omission to timely perform any of its
obligations under the Agreement, without regard to whether the Political
Subdivision rescinds its intent to participate in the Election.
iv. There will be a minimum charge for participation in the Election of $1000,
and in no event will any district pay less than $1000.
V. The Clerk will submit to the Political Subdivision an invoice, within 90
days of the Election, for their pro rata share of costs incurred in
participating in the Election.
vi. The Political Subdivision must reimburse the Clerk for Election costs as
allocated within 30 days of receiving the invoice of its pro rata costs.
vii. In the event of a recount, mandatory or permissive, of a candidate contest,
ballot issue, or ballot question certified by the Political Subdivision, the
Clerk will charge expenses reasonably incurred to conduct any such
recount or ballot contest to the Political Subdivision. if more than one
Political Subdivision participating in the Election is involved in any such
recount or election contest, the costs will be prorated between the Political
Subdivision and other participating entities.
XII. CANCELLATION OF THE ELECTION:
i. if the Political Subdivision opts to cancel its Election, the Political
Subdivision must notify the Clerk immediately.
ii. The Political Subdivision must pay the Clerk all amounts due, including
production and mailing costs incurred before and after the Clerk received
cancellation notice.
iii. The Political Subdivision must provide notice of publication of the
cancellation of its Election. A copy of the publicized notice must be
posted in the office of the Clerk, office of the D.E.O., and if the Political
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Subdivision is a special district in the office of the Division of Local
Government.
iv. The Political Subdivision cannot cancel its participation in the Election
after October 11, 2019, 4:30 p.m., 25 days prior to the Election
XIII. ADDITIONAL TERMS:
i. In the event a court of competent jurisdiction finds the Election for the
Political Subdivision was void or otherwise defective as the sole result of
the failure of the Clerk to perform in accordance with this Agreement or
federal and state Election laws, the Political Subdivision will be entitled to
recover expenses or losses cause by such breach or failure up to the
maximum amount paid by the Political Subdivision to the Clerk. This will
be the exclusive remedy for breach available to the Political Subdivision.
The Clerk will not be held liable for any expenses, damages, or losses in
excess of the amounts paid by Political Subdivision under this Agreement.
ii. If requested by Clerk, Political Subdivision shall designate eligible
electors of Pitkin County to participate in ballot counting, recounts, testing
and auditing of voting equipment used in the Election, and the canvass,
and to serve as election judges and on various boards and panels convened
to oversee the Election. In the event Clerk does not request the Political
Subdivision to designate eligible electors under this section, all election
judges, boards and panels will be comprised of registered electors
affiliated with the major political parties and nominated by the county
chairpersons thereof; provided, however, that Clerk reserves the right to
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appoint unaffiliated electors or electors affiliated with minor political
parties if the county chairpersons of the major political parties are unable
of fail to nominate a sufficient number of registered electors affiliated with
the major political parties.
iii. No portion of this Agreement creates a cause of action to anyone who is
not a party to this Agreement.
iv. This Agreement does not waive any privileges or immunities otherwise
possessed or enjoyed by the parties, their agents, representatives, or
employees, unless expressly stated.
V. Any proposed Political Subdivision not identified by a tax code in the
Pitkin County Assessor records must provide the Clerk with a certified
legal description, map and locator, identifying all "high/low" ranges for
street addresses within the proposed Political Subdivision by 180 days
before the Election. If the locator data is not provided by 180 days the
proposed Political Subdivision will not participate in the Election.
vi. Statutory requirements under the Election Code, TABOR, and Secretary
of State Election Rules apply to the completion of any duties or tasks
required under this Agreement.
vii. The Clerk agrees to perform the services specified in this Agreement in
consideration of the Political Subdivision's timely payment of costs and
performance of its other obligations as set forth.
viii. The Political Subdivision warrants it has sufficient funds available in its
approved budget to pay all amounts due to the Clerk.
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ix. The Agreement is effective as of the day of signing.
Signed this — day of , 2019.
JdnY K. Vos Caudill - Date
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