RESOLUTION NO. 02-05

A RESOLUTION AUTHORIZING A MAIL BALLOT ELECTION

IN THE CITY OF GRAND JUNCTION FOR THE

APRIL 5, 2005 REGULAR MUNICIPAL ELECTION, APPROVING THE WRITTEN PLAN FOR THE CONDUCT OF A MAIL BALLOT ELECTION AND AUTHORIZING THE CITY CLERK TO SIGN THE INTERGOVERNMENTAL AGREEMENT WITH MESA COUNTY CLERK AND RECORDER

RECITALS.

 The City of Grand Junction has adopted the "Colorado Municipal Election Code" for the conduct of municipal elections. Pursuant to 1-7.5-104 C.R.S., the governing body may authorize that the municipal election be conducted by mail ballot. Section 105 of the Mail Ballot Election Code requires that the designated election official “shall notify the secretary of state no later than fifty-five days prior to the election. The notification shall include a proposed plan for the conducting the mail ballot election,…”

The City Council for the City of Grand Junction has authorized the municipal elections to be conducted by mail ballot since 1999. Voter turnout increased significantly with mail ballot elections.

 Mesa County Election Division is willing to conduct a mail ballot election on behalf of the City of Grand Junction provided the Council approve the Intergovernmental Agreement being proposed.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION THAT:

1. The City Clerk, as the designated election official for the City of Grand Junction, is hereby authorized to conduct the April 5, 2005 regular municipal election by mail ballot pursuant to 1-7.5-101 et. seq, C.R.S.

2. The Written Plan proposed by the City Clerk is hereby approved.

3. The City Clerk is authorized to sign the Intergovernmental Agreement with the Mesa County Clerk and Recorder to contract for the conduct of the municipal election by mail ballot.

Approved this 5^th day of January, 2005.

        /s/ Bruce Hill        

        President of the Council

ATTEST:

/s/ Stephanie Tuin      

City Clerk

WRITTEN PLAN FOR THE CONDUCT OF A

MAIL BALLOT ELECTION

SUBMITTED BY: Stephanie Tuin, MMC, City Clerk

ELECTION ADMINISTRATOR FOR: City of Grand Junction

1.  LEGAL NAME OF JURISDICTION: City of Grand Junction

2.  TYPE OF JURISDICTION: A Home Rule Municipality

3.  DESCRIPTION OF ELECTION TO BE HELD: Regular Municipal Election to be held on Tuesday, April 5, 2005

4.  AUTHORITY TO HOLD THIS ELECTION: 31-10-101 et seq., C.R.S. and Article II, Secs. 3 through 25, City of Grand Junction Charter

5.  ESTIMATED NUMBER OF ELECTORS: 33,086 registered voters (27,201 active and 5,885 inactive), no property owners other than registered voters are qualified to vote in this election.

6.  NAME OF CHIEF ELECTION ADMINISTRATOR: Stephanie Tuin, City Clerk

7.  COUNTY CLERK AND RECORDER WILL: (1) Assist in candidate nomination petition verification (completed in January), (2) Appoint and train all election judges and deputy clerks, (3) Prepare and mail ballot packets, including absentee ballots, (4) Receive and process all returned ballots, and (5) Count and tabulate the votes. The City Clerk has by Intergovernmental Agreement delegated and transferred to the County Clerk all power, authority and duties of a designated election official for this municipal election. In summary, the City Clerk will work with the candidates for election and certify the ballot to the County Clerk. At that point, the County Clerk will take over responsibility for the election. The City Clerk will retain responsibility for working with the candidates on Fair Campaign Practices Act filings and candidates will still file all reports with the City Clerk. The City Clerk will resume responsibility for the election, once the votes have been tabulated.

8.  NUMBER OF PLACES OF DEPOSIT: Four – see list attached as Exhibit “A”

9.  IF BALLOT PACKETS ARE RETURNED AS UNDELIVERABLE: Undeliverable ballots will be tallied/recorded on the DAILY RECONCILIATION OF MAIL BALLOTS (see Exhibit “B”), entered as “REJECTED-UNDELIVERABLE” on the ballot distribution database, alphabetically slotted into trays marked “Undeliverable”, and secured in a locked area accessible only by clerks/election judges/deputy clerks. These ballots will not be remailed, but may be reissued to any addressee appearing in person at the Mesa County Elections Office, upon presentation of proper identification of registered elector and address.

10.  HOW POSTAGE WILL BE HANDLED FOR BALLOT PACKETS RETURNED AS UNDELIVERABLE: Ballots will be mailed in accordance with both USPS and state statutory requirements, each envelope bearing “RETURN SERVICE REQUESTED”. This will guarantee return of “undeliverable” envelopes to the Mesa County Elections Office. If a new address is identified by the yellow USPS label, the Elections Office will comply with 1-2-605(5) C.R.S.

11.  PROCEDURES TO BE FOLLOWED TO ENSURE COMPLIANCE WITH STATUTES AND RULES INCLUDING NAMES OF THOSE RESPONSIBLE:

a)  Planning and procedural meetings will be held involving the County Clerk, the Elections Director, the Election Division staff, the City Clerk, and City Clerk staff. Title 1, Article 7.5 C.R.S. and the Secretary of State's Rules and Regulations will be reviewed and explained for implementation and administration of the State’s mail ballot process. The State Statutes and the rules and regulations will be administered under the direct supervision of Bob Bartelsmeyer, Elections Director, and Stephanie Tuin, the City Clerk. County Election Division staff Sheila Reiner and Pam Hawkins will oversee temporary staff.

b)  Coordination and printing of any TABOR NOTICE will be supervised by Shelia Reiner and Bob Bartelsmeyer in accordance with Article X, Section 20(3)(b), with a mailing date no later than March 4, 2005.

c)  Absentee mail ballot applications will be processed for mail distribution on the date required by law and in accordance with the appropriate regulations. Pam Hawkins will process and issue absentee ballots.

d)  Mail ballot packages, including absentee ballots, will be prepared in accordance with the mail ballot election law and under the supervision of County Clerk Janice Ward and City Clerk Stephanie Tuin.

e)  Mail ballot packages for each eligible voter will be prepared and mailed no later than March 21, 2005 to all “active voters” that did not request absentee ballots. The ballot distribution system is fully automated for issue, receipt and tracking of ballots. Sheila Reiner will oversee this process.

f)  Each business day, ballot envelopes received or returned to the Elections Office will be date-stamped and tallied for recordkeeping. Each envelope will then be preliminarily verified (first verification) for completion of necessary information (including name, date of birth, address, signature) and voter eligibility. The automated pollbook will be updated daily for each ballot received, indicating by code either accepted, rejected or undeliverable. Accepted ballot envelopes will be deposited into a “dated” and sealed ballot box. Rejected or undeliverable ballot envelopes will be filed alphabetically in trays in a locked room in a secured facility. Daily receipt, coding and securing of ballots will include those collected from each of the four designated drop off locations (see Exhibit “C” – BRANCH OFFICE MAIL BALLOT ACCOUNTING). Responsible persons for this process will be Sheila Reiner and Pam Hawkins, employees of the County Elections Division Office.

g)  The official verification of ballots may begin on Saturday, March 26, 2005. Ballot boxes representing each day’s receipt of accepted ballots shall be opened, the envelopes slit, and the ballot stub number in each envelope checked against the ballot number issued. If acceptable, the ballot stub shall be removed, then the secrecy envelope removed and the ballot shall be placed in a transfer case. In the event a ballot is returned without a secrecy envelope, secrecies will be readily available for the election judge to enclose the ballot before removing it from the envelope. All transfer cases will be sealed, numbers recorded and stored in a secured facility. Sheila Reiner and Pam Hawkins will oversee this aspect of the election.

h)  The Mesa County Elections Division designated “distribution site” at the old Mesa County Courthouse will be open for issue of ballots to “inactive voters”, or the reissue of ballots to those who have spoiled, lost, moved, or for some reason did not receive a ballot for the period of Thursday, March 31, 2005, Friday, April 1, 2005 and Monday, April 4, 2005, from 7:30 a.m. to 5:30 p.m. daily, Saturday, April 2, 2005 from 10 a.m. to noon and Tuesday, April 5, 2005 7:00 a.m. to 7:00 p.m. Prior to March 31, 2005, these requests will be handled by deputized election judges in the regular Elections Office area.

Anytime that a replacement ballot is issued, or a ballot is issued to an “inactive voter”, a REQUEST FOR BALLOT/REPLACEMENT BALLOT (see Exhibit “D”) sworn statement must be completed, with signatures gathered either in person at the County Elections Office or through the mail. Reissue ballots, or ballots issued to “inactive voters” through the mail will have a mark on their return envelope (next to their signature affirmation) that will immediately alert the election judge that a completed sworn statement must be included with the voted ballot.

12.  DESCRIBE PROCEDURES TO ENSURE BALLOT SECURITY:

a)  Ballot packages are prepared and stored in secured facilities by Election Division staff. Ballot packages are delivered to the mail handler where Election Division staff use equipment to seal the ballot packages. The packages are then processed in accordance with USPS regulations and state statutory provisions.

b)  Ballots, including pre-distribution and non-issued, will be kept in locked rooms on secured premises at all times. All election materials, ballots, ballot boxes, transfer cases and computers will be monitored during utilization by election judges and deputy clerks and placed under locked security each night. The area used for ballot processing adjoins the existing Elections Office, and Mesa County provides regular security. Only four keys to the critical ballot and materials areas exist, and those are held by election supervisors. All empty ballot boxes and transfer cases will be witnessed before and during both sealings (first and second verifications), including the recording of seal numbers.

c)  Ballots will be coded according to district for reporting purposes. There is only a single ballot type for this election so no coding is necessary for the ballot itself.

d)  At each drop off site (see Exhibit “A”) there will be a locked ballot box. Each day any ballot boxes containing returned ballots will be delivered to the Mesa County Elections Office by sworn election staff.

e)  All employees and election judges will be sworn in, affirming their adherence to the election statutes, rules and procedures. Observers (or watchers) will need to present completed forms, and the secured area is not accessible to the cleaning staff during the period of March 11^th through April 5th. A sworn law enforcement officer will provide security services at the courthouse when ballots are ready for tabulation, and a security officer will be on the courthouse premises throughout the evening until all ballots have been counted and stored in the vault.

13.  DESCRIBE THE PROCEDURES FOR SIGNATURE VERIFICATION: The very day each ballot envelope is received (initial verification), it will be verified for name, address, date of birth, and signature. If a signature cannot be read, the voter’s original signature will be retrieved from microfilm for verification. If any of the foregoing information does not correspond to the ballot issue record or if all information is not provided, the ballot will be rejected for discrepancies. The rejection will be coded on the automated pollbook and the envelope placed in alphabetical order in the “REJECTED” tray, which will be stored in the adjoining, secured facility. Periodic checks of signatures on record will be performed to ensure the integrity of the mail ballot election in the City of Grand Junction.

14.  DESCRIBE THE PROCEDURES TO ENSURE SECRECY OF BALLOTS: A secrecy envelope will be enclosed with each ballot mailed to all active voters on or before March 21, 2005. Voter instructions will specifically ask voters to place the voted ballot in a secrecy envelope when returning the ballot. Ballots initially received are left in sealed envelopes until the final verification. At the time of final verification, when ballot stubs are removed, each election judge will have secrecy envelopes to slip around any ballot (while it’s still in the envelope) in the event the voter did not place his/her voted ballot in the secrecy envelope. Ballots rejected with the stub still attached will be alphabetized and locked away nightly. Every deputy clerk and election judge will be thoroughly trained on the vital importance and necessity of ballot security.

15.  DESCRIBE THE PROCEDURE TO RECONCILE BALLOTS ISSUED, BALLOTS RECEIVED, DEFECTIVE BALLOTS AND SUBSTITUTE BALLOTS:

Reconciliation will occur daily for every ballot issued and every ballot received using forms substantially like the DAILY RECONCILIATION FORM (see Exhibit “B”) and the DAILY RUNNING TOTAL (See Exhibit “E”). Reconciliation will be automated as well as manual, and each day’s current status will be available by 9 am the following morning. A form substantially like the FINAL DISPOSITION OF MAIL BALLOT ELECTION (see Exhibit “F”) will reflect the number of ballots issued and reissued, less the number of ballots accepted, less the number rejected, less the number undeliverable, less the number of ballots returned after the deadline and/or never returned, which will equal the total number of ballots issued. Additionally, a STATEMENT OF BALLOTS (see Exhibit “G”) will be placed in each sealed transfer case to assure verification with tabulation and the canvass board. Many safeguards have been built into the procedures; and yet the ability to immediately explain and /or access any ballot discrepancy will exist. Computer printouts will be compared daily to written copies to ensure tracking accuracy. The Elections Division of Mesa County is hereby authorized to use other forms to capture the same information as included on the example forms attached to this plan, as they deem appropriate.

DATE OF SUBMISSION:

ELECTION OFFICIAL SIGNATURE:              

TITLE:                      

TIMETABLE ENCLOSED

TIMETABLE

For the conduct of a Mail Ballot Election

Please indicate dates by which each item will be completed

1/5/05  Written Plan submitted to governing body.  Rule 12.3.2      Rule 12.3.3

1/5/05  Election approved by governing body.  Rule 12.3.3b

no later than

2/09/05  Submission of written plan to Secretary of  1-7.5-105(1)

 State (55 days prior to election)  Rule 12.3.2

   Rule 12.3.3b

2/22/05  Last date for approval by Secretary of  1-7.5-105(2)

 State (15 days after receipt in Secretary    

 of State’s office)          

2/24/05  Notice of election to County Clerk & Recorder  Rule 12.3.1a

   Rule 12.3.3b

NA  Notice of election to County Assessor  Rule 12.3.3b          

2/24/05  Registration records ordered by designated  1-5-303(1)

 election official from County Clerk and Recorder

 (at least 40 days prior to election)

3/7/05  List of electors submitted to election official  1-7.5-107(2)(a)

 (at least 30 days prior to election)      

3/7/05  Close of registration (29 days prior)  1-1-114

   Rule 12.3.3    

3/11/05

through

3/21/05  Ballots mailed (not sooner than 25 days and  1-7.5-7(3)(a)

 no later than 15 days prior)  Rule 12.3.3

3/11/05  Ballots available at election official’s office  1-7.5-107(3)(c)

 (no sooner than 25 days prior)

3/16/05  Supplemental list of electors submitted  1-7.5-107(2)(b)

 (at least 20 days prior)          

3/16/05  Notice of election to electorate (at least  1-5-205(2)

 20 days prior) with copy to County Clerk  1-7.5-107(2.5)    Rule 12.3.3

3/26/05  Verification of ballot numbers to pollbook  1-7.5-107.5

 (may begin at any time during the 10 days before)  

4/5/05  Election day  City Charter, §3

   Rule 12.3.3

4/7/05  Canvass dates/certification issued  City Charter, §25

 (canvass no later than 2 days after the election)  Rule 12.12

Exhibit “A”

PLACES TO DEPOSIT MAIL BALLOTS

City Clerk’s Office

City Hall

250 N. 5^th Street

Grand Junction, Co. 81501

Mesa County Elections Office

Old Mesa County Courthouse

544 Rood Avenue

Grand Junction, Co. 81501

Mesa County Clerk’s Office (Motor Vehicle Division)

Mesa Mall

2424 Hwy 6 & 50, #414

Grand Junction, Co. 81505

Orchard Mesa County Clerk's Branch

Intermountain Veteran's Memorial Park

2775 Hwy 50

Grand Junction, Co. 81503

EXHIBIT “B”

CITY OF GRAND JUNCTION

 JUDGES DAILY RECONCILIATION OF MAIL BALLOTS

, 200_ ELECTION

____________

(Date)

 1.  Total number of ballots received            

 Information on return envelope verified  Yes    No    

 2.  Less number ballots rejected in first verification

  -insufficient information on return verification envelope      

 3.  Less number ballots rejected in second verification

  -ballot number does not match poll book          

 4.  Equals total number ballots approved for final          

 1-2-3 = 4

 Spoiled ____   Undeliverable ____ Rejected Ballots:   Incomplete _______ 2nd Rejected:

  Signature   _______   No Stub ______

Damaged _______  Unmatched ______

  Total rejected ballots _______ Total 2^nd Rejected _____

Hand count  ___________  Judge's Int    _______

 Electronic count ___________  Judge's Int    _______

 Seal Number  ___________  Judges Signature

     _________________________

     _________________________

 Seal Number  _________  Judge's Signature

 Date of reseal  ___________  _________________________

EXHIBIT “C"

BRANCH OFFICE MAIL BALLOT ACCOUNTING

April 5, 2005 Regular Municipal Election

Branch Location:             Date        

Seal Number:     Judge’s signature:          

Total ballots received      

Received by          

EXHIBIT “D"

Request for Ballot        Original ballot number    

April 5, 2005            Replacement number    

Date      

I         , registered elector of the City of Grand Junction

at                          

 Residence Address      City/Town      Zip

Request a ballot for the April 5, 2005 Regular Municipal Election for the following reason(s) (circle as applicable):

 I was not issued a ballot due to eligibility (Voter record shown as inactive)

 REQUEST FOR REPLACEMENT BALLOT

 I have not as of this date received the ballot packet mailed to me

 The ballot I received was destroyed or marked incorrectly

I have not voted a ballot issued for this election and I do not intend to vote except by voting this replacement ballot.

The original ballot issued me will not be cast and if the original and the replacement ballot are cast, neither will be counted in this election.

I understand that this sworn statement must be included in the return verification envelope with the marked ballot and must be received by 7:00 p.m. on Election Day for this replacement ballot to be counted.

SIGN  HERE                Date of Birth      

STATE OF COLORADO, COUNTY OF MESA, SS:

SUBSCRIBED AND SWORN BEFORE ME THIS     DAY OF    , 2005.

             Clerk/Deputy/Notary

 (Seal)                        

               My Commission expires

EXHIBIT “E”

 CITY OF GRAND JUNCTION

 DAILY RUNNING TOTAL

 _______________, 200__ ELECTION

Received Date

Daily:

   Number of Original Mailings                

   Number of spoiled Ballots                

   Number of ballots reissued / issued late              

   Number of ballots received                

   Number of ballots approved for final count            

 Total:

 1.  Number of Original Mailings      

 2.  Number of ballots reissued / issued late      

 3.  Number of ballots spoiled      

 Total ballots issued  1+2-3=      

 Total of ballots received                  

   Total rejected ballots                  

   Total Spoiled:                    

   Total Undeliverable:                  

   Total of ballots approved for final count              

EXHIBIT “F”

 CITY OF GRAND JUNCTION

 FINAL DISPOSITION OF MAIL BALLOT ELECTION

______________, 200__ ELECTION

ISSUED:        

REISSUED:        

 ACCEPTED:        

 REJECTED:        

 SPOILED        

 INCOMPLETE        

 DAMAGED        

 SIGNATURE        

 UNMATCHED        

 NO STUB        

 UNDELIVERABLE        

 RETURNED AFTER DEADLINE        

 NEVER RETURNED        

EXHIBIT “G"

STATEMENT OF BALLOTS

MAIL BALLOT ELECTION

April 5, 2005

CITY OF GRAND JUNCTION, MESA COUNTY, COLORADO

DATE OF BALLOT RECEIPT              

NUMBER OF BALLOTS RECEIVED            

NUMBER OF BALLOTS IN THIS TRANSFER CASE        

TRANSFER CASE FOR THIS DAY’S RECEIPTS     OF    

SEAL #      

JUDGES SIGNATURES

TEAMWORK COUNT

INTERGOVERNMENTAL AGREEMENT

MESA COUNTY, COLORADO and CITY OF GRAND JUNCTION, COLORADO

This Intergovernmental Agreement between Mesa County, acting through its Clerk and Recorder (“Clerk”) and the City of Grand Junction (“City Clerk”),is authorized by 29-1-201, et seq., C.R.S.

1. PURPOSE: Pursuant to the terms of this agreement, the Clerk and Political Subdivision agree to the scheduling and conducting of a mail ballot municipal election on April 5, 2005. For the purposes of this Agreement, the Clerk shall be the “clerk” as defined in 31-10-102, C.R.S. The City hereby designates its City Clerk as an “Election Official” who shall have primary responsibility for election procedures that are the responsibility of the City, pursuant to this Agreement. The election shall be held under the provisions of the Municipal Election Code (Title 31, Article 10 of the Colorado Revised Statues) except as otherwise required by the Mail Ballot, 1-7.5-101, et. seq., C.R.S., or the rules promulgated by the Secretary of State.

2. PRECINCTS & POLLING PLACE LOCATIONS: Polling place locations for the deposit of voted ballots not returned through the United States Postal Service will be those designated by the Clerk as follows: Mesa County Elections Office at the Old Courthouse, Mesa County Clerk & Recorder’s Office – Motor Vehicle Division at Mesa Mall, Clerk’s branch at the Tri-River Cooperative at the County Fairgrounds and the City Clerk’s Office at City Hall.

3. APPOINTMENT OF ELECTION JUDGES: All election judges and/or deputy clerks shall be appointed and trained by the Clerk, except as otherwise required by the City Charter or the Municipal Election Code.

4. LEGAL NOTICES: Publication of any required legal notices concerning the City’s mail ballot election, which are to be published prior to certification of the ballot content to the Clerk, shall be the responsibility of the City. A copy of the published legal notice shall be submitted to the Clerk for her records.

 Publication of notices required by the Municipal Election Code and/or the Mail Ballot Election Act, which are to be published after certification of the ballot contents to the Clerk, shall be the responsibility of the City. Additional notices shall be the responsibility of the City. Notice to the Secretary of State, pursuant to 1-7.5-105, C.R.S. shall be made by the City, along with notice of the City’s proposed plan.

5. RECEIVING AND PROCESSING OF PETITIONS: Any necessary petition process for the City shall be the responsibility of same. The Clerk shall provide voter registration lists as required and requested by the City Clerk.

6. BALLOT CONTENTS: In accordance with CRS 1-1-110(3) and 1-5-203(3), the ballot contents must be certified to the Clerk by the City Clerk, in its exact form, no later than 4:30 p.m. on Wednesday, February 9, 2005. The ballot contents must be provided in WORD format and delivered to the Clerk at 544 Rood Avenue, Grand Junction, Colorado. It is understood that the Mail Ballot Election Act requires the mailing of ballots between the 25^th and 15^th day prior to the election.

PAGE 2

7. RECEIVING OF WRITTEN COMMENTS AS COVERED BY SECTION 20 OF ARTICLE X OF THE COLORADO CONSTITUTION: The City Clerk is solely responsible for the process of receiving written comments and summarizing such comments as are required by Section 20 of Article X of the Colorado Constitution (“TABOR”).

8. RECEIPT OF SUMMARY OF COMMENTS: Receipt of the summary of comments by the petition representatives shall be solely the responsibility of the City, as covered by CRS 1-7-903(3). (February 21, 2005)

9. PREPARATION AND MAILING OF NOTICES FOR BALLOT ISSUE ELEC­TIONS: The City shall certify the “Tabor Notice” information and the final and exact summary of comments concerning its ballot issue/s to the Clerk, no later than 4:30 p.m. on Tuesday, February 22, 2005, (per CRS 1-7-904) for inclu­sion in the ballot issue mailing as required by Section 20, Article X, of the Colorado Constitution. Data shall be transmitted to the Clerk in WORD format. The Clerk shall mail such TABOR notice(s), in accordance with TABOR at least 30 days prior to the election, i.e., on or before March 5, 2005.

10. PREPARATION FOR ELECTION: The Clerk shall be responsible for preparing and printing the sample ballot for the Municipal Election. Print on the ballot pages shall be in 10 point type or larger and shall be in accordance with the Municipal Election Code. The Clerk shall be responsible for providing, preparing, delivering and collecting sealed ballot boxes for all (4) designated depository locations and the mailing of mail ballot packages. The Clerk shall be responsible for implementing a walk-in balloting site in accordance with the Rules and Regulations of the Secretary of State.

11. CONDUCT OF GENERAL ELECTION: The Clerk shall be respon­sible for the conduct of the Municipal Election, pursuant to Title 31, Article 10 of the Colorado Revised Statues, including the appointment of watchers.

12. ABSENTEE VOTING: All requests for absentee ballots shall be transmitted for processing and ballot distribution to the Clerk c/o the Mesa County Elections Office, P.O. Box 20000, Grand Junction, CO 81502-5009. The physical office of the Clerk is the Old Mesa County Courthouse, 544 Rood Avenue, Grand Junction, Colorado. The Clerk shall, upon receipt of such request, mail a

ballot package to the eligible elector in accordance with 1-7.5-104, C.R.S.

13. TABULATION OF BALLOTS: All processes relating to and tabula­tion of ballots shall be the responsibility of the Clerk. An unofficial abstract of votes will be provided to the City Clerk upon completion of the counting of all ballots.

14. CANVASS OF VOTES: The canvass of votes will be the responsibility of the City, pursuant to its Charter and shall be completed no later than April 7, 2005. The City shall issue its certificate(s) of election of candidates upon receipt of the official results from the Clerk.

PAGE 3

15. ALLOCATION OF COST OF ELECTION: The City shall reimburse the Clerk for the TABOR notice and election costs incurred by the Clerk pursuant to this Agreement. Such reimbursement shall be made to the Clerk within thirty days of receipt of billing from the Clerk. The Clerk’s determination regarding such costs shall be final and at her sole discretion and shall not be subject to dispute unless clearly unreasonable. In any event, the City shall not be obligated to reimburse the Clerk for more than $35,000.

16. INDEMNIFICATION: The City agrees to indem­nify, defend and hold harmless the Clerk from any and all loss, costs, demands or actions, arising out of or related to any ac­tions, errors or omissions of the City in completing the City’s responsibilities relating to the election.

17. AGREEMENT NOT EXCLUSIVE: The Clerk may enter into other substantially similar agreements with other cities for conduct of other elections.

18. VENUE: Venue for any dispute hereunder shall be in the District Court of Mesa County.

THIS INTERGOVERNMENTAL AGREEMENT has been executed by the parties hereto as of the dates and year written below.

MESA COUNTY CLERK AND RECORDER  CITY OF GRAND JUNCTION

           CITY CLERK

______________________________    _______________________________

Janice Ward            Stephanie Tuin  

Date:_________________________    Date:__________________________

Grand Junction Mail Ballot, April, 2005

Responsibilities

*costs are included in contract amount