So You Are Having an Election – Now What? May 8, 2018 Regular Election Presented by Micki L. Mills, Paralegal

MAIL BALLOT PLAN Mail Ballot Plan must be on file at the principal office of the special district or Designated Election Official (“DEO”) on 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.

UNIFORM AND OVERSEAS CITIZENS ABSENTEE VOTING ACT (UOCAVA) Required for both polling place and mail ballot elections. Special districts must mail ballots to eligible electors of the special district and designated as a “covered voter” under UOCAVA no later MARCH 23rd. Request list of UOCAVA voters that reside in your special district from the County Clerk of each county your special district is located. For a mail ballot election, UOCAVA ballots must only be sent to resident UOCAVA voters.

UNIFORM AND OVERSEAS CITIZENS ABSENTEE VOTING ACT (UOCAVA), cont. For polling place elections, UOCAVA ballots must also be mailed to non-resident property owner electors of your special district. Obtain list of all taxable real and personal property owners within your special district from the County Assessor of each county your special district is located. Request a list of the statewide UOCAVA voter list from the County Clerk.

UNIFORM AND OVERSEAS CITIZENS ABSENTEE VOTING ACT (UOCAVA), cont. Determine who your non-resident property owners are and compare that list with the statewide UOCAVA voter list. Only “active” UOCAVA voters shall be sent a ballot. Follow the requested ballot delivery method for each UOCAVA voter (mailed vs. electronic vs. fax transmission).

MAIL BALLOT ELECTION LISTS AND SUPPLIES Order list of all owners of taxable real and personal property from County Assessor(s) as soon as possible. Order list of all registered voters residing within the special district from County Clerk(s) as soon as possible. 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 – must be printed by APRIL 6th Envelopes (mailing and return envelopes with voter affidavit) Secrecy sleeve with voting instructions

POLLING PLACE ELECTION LISTS AND BALLOTS Order list of all owners of taxable real and personal property from County Assessor(s) and list of all registered voters residing within the special district from County Clerk(s) for use at polling place. Lists must be ordered no later than MARCH 29th DEO may order the initial lists to be received 30 days prior to the election, with supplement lists provided 20 days prior, or the complete lists provided as of the 6th day prior to the election. Order or arrange for printing of official ballots for polling place and for absentee voting – need by APRIL 6th

POLLING PLACE ELECTION SUPPLIES Order or arrange for printing of other election supplies: Absentee voter envelopes (mailing and return envelopes with voter affidavit) and secrecy sleeves with voting instructions. Order enough for all of the special district’s Permanent Absent Voters (PAVs), in addition to any new applicants. Polling Place sign(s) (one for each polling place) Poll Book(s) Obtain enough ballot boxes, seals, voting booths or voting machines

PERMANENT ABSENTEE VOTERS (“PAV”) Each special district is required to maintain its own PAV list. Application for Absentee Voter Ballot form should include the option of applying to be a PAV for your special district. Each eligible elector must apply directly with the special district, not with the County Clerk. Those eligible electors on the PAV list shall be mailed an absentee voter ballot for each polling place election conducted by the special district, or as otherwise requested by the elector.

PERMANENT ABSENTEE VOTERS, cont. Before each polling place election, review the list and confirm those persons on the list should still be on the list. An elector’s name shall be deleted from the PAV list if: - The eligible elector notified the DEO that (s)he no longer wishes to vote by absentee voter ballot; or - The absentee voter ballot sent to the elector is returned to the DEO as undeliverable; or - The elector has been deemed “inactive”; or - The person is no longer eligible to vote in the special district.

PAV AND ABSENTEE VOTERS Mail an absentee voter ballot to each PAV and any other absentee voter within 72 hours of receiving the printed ballots. Once a new application for an absentee voter ballot is received, confirm such person is an eligible elector before mailing a ballot. Mail the absentee voter ballot to the elector within 72 hours after receiving the application, if received after ballots have been printed. Last day to request an absentee voter ballot is MAY 1st

POLLING PLACE LOCATIONS Designate enough polling place locations for the convenience of the electors. Polling place shall be ADA compliant. Emergency polling place locations are exempt from such requirement. DEOs of overlapping special districts conducting polling place elections must meet and, if practical, designate polling place location that permits electors in overlapping area to vote in one location.

SHARING POLLING PLACE LOCATIONS Special districts should share polling place location(s) whenever possible. They can also share Election Judges and/or Counting Judges Convenience for electors and cost sharing for special districts IGA may be required Elections are still held separately within polling place location

TABOR NOTICE Must be mailed to each household where an active registered elector of the special district resides, no later than 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 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 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 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. Special districts are not required to solicit pro or con comments.

ELECTION JUDGES Registered to vote in Colorado Appoint Election Judges Ensure you have enough for the size of the election (minimum of 2 for mail ballot elections and 2 per polling place location) Last day to appoint election judges is APRIL 23rd Can appoint earlier if required for mail ballot elections For polling place elections, can appoint Counting Judges, which is very beneficial in large elections 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, which will be posted on website in April.

MAIL BALLOT 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 from the property owners list. 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. 

MAIL BALLOT ELIGIBLE ELECTOR LIST, CONT. Remove any elector who was issued a UOCAVA ballot. Confirm the property owners who are natural persons and not listed on the voter registration list are registered to vote in the 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.

MAIL BALLOT ELIGIBLE ELECTOR LIST, CONT. Create 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(s) and County Assessor(s) to be received by APRIL 18th Review for changes, additions or deletions Make any revisions to Eligible Electors List/Poll Book Mail ballots to additions

MAIL BALLOT PACKET Mail ballot packets no earlier than APRIL 16th and no later than APRIL 23rd Mail ballot packets must include: - Ballot issued to the elector - Secrecy sleeve, with voter instructions - Return envelope, with voter affidavit

NOTICE OF ELECTION Notice of Election must be: Published in legal newspaper circulated within special district one time no later than APRIL 18th Posted in DEO’s office Mailed or emailed to County Clerk of each county in which special district is located For Polling Place election, post Polling Place sign in a conspicuous location that can be seen from the outside of the polling place location no later than APRIL 18th

MAIL BALLOT ELECTION – 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 MAIL OR ABSENTEE BALLOTS Election Judges may begin counting voted mail ballots and absentee ballots no earlier than 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 DAY Polling place and mail ballot walk-in locations open from 7:00 a.m. to 7:00 p.m. In polling place elections, if appointed Counting Judges, they may count ballots throughout the day If no Counting Judges, then must commence count after 7:00 p.m. Ensure secrecy of count until after 7:00 p.m. Watchers may be present Only allowed if appointed Provide Election Judges with list of appointed watchers Designate an Election Judge to whom watcher shall direct any questions

ELECTION NIGHT Election Judges certify unofficial election results and post at polling place or 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 polling place or walk-in location

CANVASS BOARD DEO appoints Canvass Board, no later than 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

Questions?

Micki L. Mills mmills@cccfirm.com