This is the fourth and final article in a series discussing the Designated Election Official’s responsibilities in connection with the regular biennial special district elections on May 4, 2010. This article highlights the duties and deadlines coming up in May and June including, election judge support, canvass of the results, reporting election results, storage and retention of election materials, and the changing of the guard at that first, post-election board meeting.
Hallelujah, it’s almost over.
Election Judges
Training – By May 3
Persons serving as election judges must receive training about their tasks prior to Election Day. If you have not yet done so, make sure your judges view the training available on SDA’s website at www.sdaco.org/resources. Be sure to select the training presentation and written materials applicable to your style of election: polling place or mail ballot.
Election Supplies and Retention
Supplies and Supply Judges – May 3
The DEO designates one election judge per polling place as the “supply judge.” The supply judge is responsible for receiving the supplies and equipment from the DEO, delivering it to the polling place, and returning all supplies, equipment, and ballots to the DEO once the election is completed. The Supply Judge must be paid no less than $4.00 for returning these things to the DEO.
The DEO must deliver the registration records, property owner lists, ballots and all necessary supplies (ballots, ballot boxes and seals, voting booths, etc.), to the supply judge by May 3, 2010. Remember to provide a list of the names of any certified watchers, as well as the names of any valid write-in candidates.
In addition, it is a good idea to provide various office supplies for the polling place such as pens, scissors, tape, staplers, clips, rubber bands, large envelopes for spoiled ballots and ballot stubs, and a container in which to seal voted ballots after counting. Are you providing meals for your election judges?
Election Day Procedures
If you have any questions about Election Day itself, please review the Election Judge Training available on SDA’s website at www.sdaco.org/resources.
Storage and Preservation of Elections Records
The DEO must retain all election materials (voted ballots, tally sheets, ballot stubs, spoiled ballots, registered voter and property owner lists, voter self affirmations, poll books, etc.) for at least 25 months after the election (i.e., June 4, 2012) or until the time has expired for any election contest proceeding, whichever is later.
Provisional Ballots
After the election, the DEO (or designee) must attempt to verify any provisional ballots. After the provisional ballots have been verified, then they are counted by the Provisional Ballot Board made up of two or more election judges. See Election Rule 26 issued by the Secretary of State for more information on verifying provisional ballots. http://www.sos.state.co.us/pubs/rule_making/8_ccr_1505-1/Rule26.pdf The verification and counting of the provisional ballots, if any, must be completed prior to the time when the Canvass Board meets to prepare and certify the Official Abstract of Votes Cast.
Reporting the Results
Posted Notice of Election until May 6
Leave up the notice of election which is conspicuously posted in DEO’s office until May 6, 2010.
Unofficial Abstract of Votes – May 4
Post at the polling place the Unofficial Abstract of Votes Cast for at least 48 hours after the election.
Canvass of Returns and Official Abstract of Votes – May 11
Back in April, the DEO appointed at least two eligible electors to serve (along with the DEO) as the district canvass board to assist in the official survey of returns for the election.
The Canvass Board must meet to survey the returns and certify the Official Abstract of Votes Cast no later than May 11, 2010. The Canvass Board members must take an oath prior to assuming their duties.
Immediately after the Official Abstract has been prepared and certified, the DEO notifies the candidates of their election to office.
Certify Election Results – June 3, 2010
The results of the district’s election must be certified to the Division of Local Government by no later than June 3, 2010. Use DLG Form B-75 available online at: http://www.dola.state.co.us/dlg/ta/special_districts/elections/formsdocs...
Transparency Notice
Although not specifically required by statute, the district may wish to update its notice to electors created pursuant to section 32-1-809, C.R.S. (sometimes referred to as a “Transparency Notice”), particularly if the notice is in a format such as a website posting which can be modified inexpensively.
File Debt-Authorization Election Results – June 18, 2010
If the district had a ballot issue election to incur general obligation indebtedness, the results must be certified (by certified mail) to the applicable board of county commissioners or municipality no later than June 18, 2010, and provide a copy to the Colorado Division of Securities.
Recount
If the Official Abstract of Votes Cast indicates that a recount is required for any office (see section 1-10.5-101, C.R.S., for a discussion of when the vote margin necessitates a recount), the DEO must order the recount no later than May 28, and the recount must be completed by June 11, 2010.
Passing the Torch
Notice to Candidates
Immediately after the Official Abstract has been prepared and certified, the DEO notifies the candidates of their election to office.
Oath of Office and Bond – by June 3
Each director, within 30 days after his/her election must appear before an officer authorized to administer oaths and take an oath of office.
The oath is then filed with the clerk of the district court and with the DLG.
At the time of filing the oath, a surety bond in an amount of not less than $1,000 must also be filed.
Certificate of Election
After the oath and bond are filed, the DEO makes a formal certificate of election for each person who was elected and delivers the certificate to that person.
Commencement of Term
The newly-elected directors’ term of office commences at the next board meeting of the board following the election, but not later than 30 days following the survey of returns, assuming that the oath has been administered and the bond posted.
Caveat and Resources
This article and the other elections-related articles in previous 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 legal counsel 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...