This article is third in a series discussing the Designated Election Official’s duties and responsibilities in connection with the upcoming regular biennial special district elections on May 4, 2010. This article highlights the duties and deadlines coming up in April including, election notices, polling place and mail ballot procedures, and voter lists.
NOTICES
BALLOT ISSUE (TABOR) NOTICE – APRIL 2
If your district is holding an election on a “ballot issue,” (for example, a question to increase taxes, issue debt, or alter spending/revenue limitations), April 2 is the deadline to mail your ballot issue notice to each address of one or more active registered electors of the district who reside both inside and outside of the county(ies) in which the district is located.
GENERAL OBLIGATION DEBT NOTICE – APRIL 14
If the district is submitting a ballot issue to the electors concerning the creation of debt or other financial obligations, the district must post a notice containing certain financial information on the district’s website or, if the district does not maintain a website, at the district’s chief administrative office, by April 14, 2010.
MAILED NOTICE OF ELECTION – APRIL 19
The DEO may mail a voter notification card or letter containing elector name and address, polling locations, and other information to each household of electors by no later than April 19, 2010. This mailed notice is optional. The information contained in this notice may also be included in the ballot issue (TABOR) notice, if applicable, mailed to electors.
NOTICE OF POLLING PLACE – APRIL 22
Conspicuously post Notice of Polling Place at each polling place no later than April 22, 2010. (See section 1-5-106, C.R.S. for details about this sign.)
PUBLISHED AND POSTED NOTICE OF ELECTION – APRIL 14 AND APRIL 23
Publish notice of mail ballot election one time no later than April 14, 2010.
Publish notice of election one time no later than April 23, 2010. Conspicuously post notice in DEO’s office (leave posted until May 6, 2010), and mail copy to county clerk and recorder.
COUNTY LISTS
PERMANENT MAIL-IN VOTERS LIST (NEW!)
Certain metropolitan districts must send a mail-in ballot to any registered electors of the metropolitan district and who have applied to the county clerk and recorder for permanent mail in voter (“PMIV”) status. While it’s possible that the county might generate a separate PMIV list, many county clerks have indicated that PMIV information will be displayed on the registered voter list routinely provided to special districts as discussed below.
REGISTERED ELECTORS LIST – APRIL 2 AND APRIL 14
The County Clerk and Recorder must certify the initial list of registered electors of the district by April 2, 2010. The registration list contains the names and addresses of all eligible electors residing within the district at the close of business on the fortieth (40th) day preceding the election (March 25, 2010).
The DEO may also request a supplemental list of registered electors to be provided no later than April 14, 2010 (20 days prior to the election). This supplemental list indicates those electors who have registered since the initial list was provided. However, remember that for non-owner residents to qualify as eligible electors, they must have resided within the boundaries of the district since at least April 4, 2010 (30 days prior to the election), even though the deadline to register to vote is April 5, 2010 (29 days prior).
PROPERTY OWNERS LIST – APRIL 2 AND APRIL 14
The County Assessor must certify and deliver an initial list of the names and addresses of the recorded owners of taxable real and personal property within the district by no later than April 2, 2010.
The DEO may also request a supplemental list of property owners to be provided no later than April 14, 2010 (20 days prior to the election). This supplemental list contains the names and addresses of all recorded owners who have become owners no later than April 4, 2010 (30 days prior to the election) and after the initial list of property owners was provided.
Be aware that neither list will be 100% up-to-date as of Election Day. You may encounter persons who claim eligibility to vote, but appear on neither the registered elector list nor the property owner list. In that circumstance, the individual should be permitted to vote, provided they complete the voter self-affirmation pursuant to section 32-1-806, C.R.S.
BALLOT PREPARATION – APRIL 2
The DEO must have official printed ballots in their possession at least thirty (30) days before the election (April 2, 2010).
POLLING PLACE ELECTIONS
POLLING PLACES – APRIL 9
DEO designates the polling places no later than April 9, 2010; polling places may not be changed after April 9, 2010.
Conspicuously post Notice of Polling Place at each polling place no later than April 22, 2010. (See section 1-5-106, C.R.S. for details about this sign.)
MAIL-IN (ABSENTEE) VOTERS – APRIL 27 AND APRIL 30
At the close of business on April 27, 2010 is the deadline for an elector to apply to the DEO for a mail-in ballot if they want the ballot to be mailed out to them.
Friday, April 30, 2010 is the last day for an elector to apply to the DEO for a mail-in ballot if they are willing to come pick it up.
MAIL BALLOT ELECTIONS
MAILING MAIL BALLOT PACKETS – APRIL 12-16
Between April 12-16, the DEO must mail a mail ballot packet to each active eligible elector, including qualified property owners who reside outside the district. Mail ballot packets must also be available at the DEO’s office, or in the place designated in the district’s mail ballot plan, beginning April 12 for electors who are “inactive” on the county’s registration list or electors who do not appear on either the registered voter list or property owners list but are eligible to vote.
MAIL BALLOT ELECTION NOTICE – APRIL 14
Publish notice of mail ballot election one time no later than April 14, 2010.
MAIL BALLOT HANDLING – APRIL 19 AND 27
Election judges may receive mail ballots and prepare for tabulation and may begin counting on April 19, 2010. Must take precautions to maintain secrecy of count until after 7 p.m. on election day.
Last day to request a replacement mail ballot by mail is April 27, 2010.
FAIR CAMPAIGN PRACTICES ACT FILINGS – APRIL 13 AND 30, AND JUNE 3
Deadlines for special district Candidate Committees and Issues Committees to file their Reports of Contributions and Expenditures with the Secretary of State (“SOS”) are April 13, 2010, April 30, 2010, and June 3, 2010. The SOS requires all reports to be filed electronically. See the Campaign Finance section of the SOS-Elections Division website at http://www.elections.colorado.gov/Default.aspx?PageMenuID=1247 for more details about the Fair Campaign Practices Act.
ELECTION JUDGES AND OTHER ASSISTANCE
CANVASS BOARD APPOINTMENTS – APRIL 19
DEO must appoint no later than April 19, 2010 at least two eligible electors to serve (along with the DEO) as the district canvass board and to assist in the official survey of returns for the election: at least one appointee must be a member of the district board of directors (preferably with no direct interest in the election) and at least one appointee must be an elector that is not a district board member.
DELIVERY TO SUPPLY JUDGES – MAY 3
The DEO must deliver the registration records, property owner lists, ballots and all necessary supplies to the supply judge by May 3, 2010.
CAVEAT AND RESOURCES
This article and the other elections-related articles in previous or subsequent issues of the SDA Newsletter do not, and cannot, cover every statutory and rule-based detail. Conducting an election is a highly technical, highly detailed, and often expensive undertaking. Please seek out training, as needed, and consult with the district’s attorney to ensure legal compliance and avoid an election contest.
Samples of many of the forms, certificates, and other elections documents and materials may be obtained from the DLG’s Special Districts Elections webpage at http://www.dola.state.co.us/dlg/ta/special_districts/elections/formsdocs.html