RESOLUTION NO. 49–10
A RESOLUTION AUTHORIZING A MAIL BALLOT ELECTION IN THE CITY OF GRAND JUNCTION REGULAR MUNICIPAL ELECTION ON APRIL 5, 2011, AUTHORIZING THE CITY CLERK TO SIGN THE INTERGOVERNMENTAL AGREEMENT WITH MESA COUNTY CLERK AND RECORDER AND APPROVING THE WRITTEN PLAN FOR THE CONDUCT OF A MAIL BALLOT ELECTION
RECITALS.
Pursuant to City Charter §3, the regular election for the City of Grand Junction is scheduled for April 5, 2011.
The City Council finds that conducting that election by mail ballot is the most efficient method for that election.
The City Council has designated the City Clerk as the Designated Election Official (DEO) for the special election.
The Mail Ballot Election Code, 1-7.5-101 et seq, C.R.S., specifically section 105, 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 Secretary of State has promulgated rules as to what is to be included in the plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION THAT:
1. The Regular Municipal Election for the City of Grand Junction is scheduled for April 5, 2011 and will be conducted by mail ballot.
2. That the City Clerk is hereby authorized to enter into an Intergovernmental Agreement with the Mesa County Clerk and Recorder for the conduct of said election.
3. The attached “Written Plan for the Conduct of a Mail Ballot Election” is approved for the April 5, 2011 Regular Election and that the City Clerk as the Designated Election Official be directed to submit such plan to the Secretary of State.
Approved this 13th day of December, 2010.
/s/ Teresa Coons President of the Council
ATTEST:
/s/ Stephanie Tuin
City Clerk
MAIL BALLOT PLAN
COORDINATED OR OTHER NON-PARTISAN ELECTIONS
COLORADO SECRETARY OF STATE
1700 BROADWAY, SUITE 200
DENVER, COLORADO 80290
PHONE: 303-894-2200
FAX: 303-869-4861
INTRODUCTION
Pursuant to section 1-7.5-105 of the Colorado Revised Statutes and the Colorado Secretary of State’s Election Rule 12, the designated election official responsible for conducting a mail ballot election must submit a written mail ballot plan to the Secretary of State.
This mail ballot plan must be submitted at least sixty-five (65) days prior to a regular special district election and no later than fifty-five (55) days prior to any other coordinated or non-partisan election. Additionally, a special district may request a seven (7) day filing extension if the mail ballot plan is for a regular special district election that may be cancelled. Please see Election Rule 12.4.1 for more information.
The following standard fillable form is designed to aid you in your completion and submission of the required mail ballot plan. This form may be completed online and then saved to your computer. Once you have saved the form to your computer, you will be able to submit the entire plan to the Secretary of State’s office via email, regular mail, or fax. Please refer to the instruction section below for more complete guidance.
NOTE: Pursuant to section 1-7.5-104, C.R.S., a mail ballot election cannot be held for elections or recall elections that involve partisan candidates or elections held in conjunction with, or on the same day as, a congressional vacancy election.
INSTRUCTIONS
(Please read this section COMPLETELY. Failure to do so may result in undue delay in the approval of your plan.)
Spaces and check boxes are provided below for each required aspect of the mail ballot plan. Please fill out the form in its entirety, making sure to check all boxes where applicable. Additional pages may be attached to the end of the mail ballot plan if necessary.
Election Rule 12.4.1 requires the submission of a sample secrecy sleeve or envelope and a written timetable. A copy of the Secretary of State approved secrecy sleeve is included at the end of this form. Please review the secrecy sleeve and indicate your usage of the approved sleeve by checking the box associated with the secrecy sleeve (Item “21.” of the mail ballot plan). Additionally, a written timetable is provided at the end of this fillable form. Please fill in the date column of the timetable to indicate the date or range of dates for each required occurrence.
When you have checked each applicable box and supplied all required information, please save the form to your computer. Once the form is saved, you may choose your method of submittal (email, regular mail, or fax). The Secretary of State’s office requests that you email your plan as an attachment to state.electiondivision@sos.state.co.us.
Please feel free to contact Michael Hagihara via phone at 303-894-2200 ext. 6331 or via email at michael.hagihara@sos.state.co.us with any questions you may have.
ATTENTION HOME RULE MUNICIPALITIES
The Secretary of State will not review the mail ballot plan of any home rule municipality that fails to read and affirm the following declaration. Please indicate your affirmation by checking the box.
x Although I am submitting this plan on behalf of a home rule municipality, this mail ballot election will be conducted in accordance with state law. As such, this plan does not contain any locally-adopted election procedures that differ from the state procedures set forth in the Colorado Mail Ballot Election Act (§§ 1-7.5-101 through 1-7.5-111, C.R.S.) or in Election Rule 12.
Name of person submitting plan: Stephanie Tuin
Address: 250 N. 5th Street, Grand Junction, CO 81501
Political Subdivision: City of Grand Junction
Email: stepht@gjcity.org
1. Date of the election: April 5, 2011
2. Type and name of the jurisdiction(s) involved in the election (Example: county, municipality, special district, school district, etc.): Municipality, City of Grand Junction; Downtown Development Authority, Grand Junction, Colorado, Downtown Development Authority; County, Mesa County
3. Description of the type of election to be conducted (Example: coordinated election, recall election, special election, etc.): municipal election
4. Citation of the statute or home rule charter provisions authorizing the election: [§1-7.5-105, C.R.S.] (please add any additional statutes authorizing the mail ballot election for the jurisdictions involved)
31-10-101 et seq., C.R.S. and Article II, Secs. 3 through 25, City of Grand Junction Charter
5. Estimated number of eligible electors: 21,382
X Between twenty-two (22) and eighteen (18) days before the election, the designated election official will mail to each active registered elector a mail ballot packet.
[§1-7.5-107(3), C.R.S.]
X No later than 30 days prior to the election the designated election official will send a mail ballot packet to each active registered UOCAVA elector. [§1-8-103.5, C.R.S.]
6. Name of the designated election official who will be responsible for all aspects of the election: [Rule 12.4.1] City Clerk Stephanie Tuin
7. If the election is NOT being conducted by the County Clerk & Recorder, an indication of whether the County Clerk and Recorder will assist in the election for the entity other than by providing a list of registered electors and other information required by statute (Please check the appropriate box): [Rule 12.4.1]
X Yes, the County Clerk and Recorder will assist in the election for the entity other than by providing a list of registered electors and other information required by statute. (If yes, please read the following statement regarding use of county voting systems, check the corresponding box if applicable, and provide the requested information.)
x The County Clerk and Recorder will assist in the election for the entity by providing voting systems to be used by the entity during the election. The make and model number of the voting systems to be used is as follows:
Make(s): Elections System and Software Model 650, green light sensor, firmware version 2.1.0.0.
Model Number(s): 650
[ ] No, the County Clerk and Recorder will not assist in the Election for the entity other than by providing a list of registered electors and other information required by statute.
8. The address and hours of operation for all “drop-off locations.” Note: For security reasons, unmonitored freestanding drop-off locations located out-of-doors are not allowed: [Rule 12.4.1]
Three # of drop-off locations
In the space below please provide the address and hours of operation for each drop-off location (attach additional pages if necessary):
City Clerk’s Office
City Hall
250 N. 5th Street
Grand Junction, Co. 81501
Hours: 7:30 a.m. – 5:30 p.m. Monday thru Friday
Mesa County Elections Office
Old Mesa County Courthouse
544 Rood Avenue Suite 301A
Grand Junction, Co. 81501
Hours: 8:00 a.m. – 5:00 p.m. Monday thru Friday
Mesa County Clerk’s Office (Motor Vehicle Division)
Mesa Mall
2424 Hwy 6 & 50, #414
Grand Junction, Co. 81505
Hours: 7:30 a.m. – 5:30 p.m. Monday thru Friday
Please check one of the boxes below:
X All drop-off locations and any walk-in voting locations will be located within the political subdivision.
[ ] At least one or all drop-off locations will be located outside of the county, municipality, or special district. Such drop-off locations are within reasonable proximity to the political subdivision or the majority of electors. The reasons for requesting permission from the Secretary of State for such drop-off locations are as follows:
9. For elections coordinated by the County Clerk and Recorder, the total number of walk-in voting locations, and the location and hours of operation for each walk-in voting location: [Rule 12.4.1]
# of walk-in voting locations
In the space below please provide the address for each walk-in location:
NA
[ ] All walk-in voting locations will be open during normal business hours from:
[§1-7.5-107(3)(c), C.R.S.]
Example:
Dates: April 12, 2010 to May 4, 2010
Hours: 8:00 a.m. to 5:00 p.m.
X Walk-in voting locations will not be utilized because this election is being conducted as an independent mail ballot election that is not coordinated with the County Clerk and Recorder.
10. Number of accessible voting machines anticipated being used for walk-in voting locations in elections coordinated by the County Clerk and Recorder: [§1-5-705, C.R.S.]
# of accessible voting machines
X The use of accessible voting machines is not applicable because the election will not be coordinated by the County Clerk and Recorder.
11. Length of time accessible voting machines will be available for walk-in voting in elections coordinated by the County Clerk and Recorder: (Please include the dates and hours of operation.)
Example: April 12, 2010 through May 3, 2010, 8:00 a.m. to 5:00 p.m., Monday through Friday; and 7:00 am to 7:00 pm. on May 4th.
X The use of accessible voting machines is not applicable because the election will not be coordinated by the County Clerk and Recorder.
12. Please complete the written timetable near the end of this form. You must provide a date or a range of dates for each occurrence listed in the left-hand column of the timetable.
13. Indication of how postage will be handled for ballot packets returned as undeliverable (Please read and indicate your compliance by checking the box):
X As the designated election official, I hereby affirm that ballot packets will be marked “DO NOT FORWARD. RETURN SERVICE REQUESTED,” “RETURN POSTAGE GUARANTEED,”,” or any other similar language that is in accordance with United States Postal Service regulations. [§1-7.5-107(3)(a), C.R.S.]
14. Indication of procedures to be followed to ensure compliance with statutes and rules, including persons responsible for each stage (Please read and indicate your compliance by checking each box):
X As the designated election official, I hereby affirm that I have read and understand Article 7.5 of Title 1, C.R.S. and Secretary of State Election Rule 12 and that appropriate measures and procedures will be undertaken to ensure compliance with these statutes and rules.
[ ] If the designated election official is not the person responsible for such compliance, please check the box and indicate the person responsible:
Individual responsible for compliance:
[ ] The designated election official will supervise the distributing, handling, counting of ballots and the survey of returns in accordance with rules promulgated by the Secretary of State and will take the necessary steps to protect the confidentiality of the ballots cast and the integrity of the election. [§1-7.5-105(3), C.R.S.]
X If the designated election official is not the person responsible for such compliance, please check the box and indicate the person responsible:
Individual responsible for compliance: Mesa County Elections Director Catherine Lenhart
X The Postmaster or local postal representative has been notified of the election and provided with the design of the ballot packet to ensure that postal standards are met:
X A ballot packet has been subject to a “Tap Test” by a local postal representative to ensure that all relevant mailing information is visible through the envelope window.
X At least one ballot packet has been submitted to the local postal representative to ensure that the ballot packet has been printed correctly.
[ ] For elections where multiple ballots will be included in the same packet or will be sent in separate packets, the ballots and return envelopes shall include distinctive markings or colors to identify political subdivisions when the colors or distinctive markings will aid in the distribution and tabulation of the ballots. [Rule 12.5.2]
Not applicable for the following reason(s) (Please check all that apply):
X This election is being conducted as an independent mail ballot election that is not coordinated with the County Clerk and Recorder.
[ ] This election will be conducted with the use of one ballot containing all candidates and ballot issues for the coordinating jurisdictions.
[ ] For all coordinated elections where more than one mail ballot is being mailed or polling place elections are being held as well as the mail ballot election, the outgoing envelope as well as the instructions or other notice shall have the following notice: “This may not be your only ballot. Other elections may be held by other political subdivisions by mail or by polling place.” [Rule 12.5.5.] NA
X All deposited ballots will be counted as provided in Article 7.5 of Title 1, C.R.S. and by rules promulgated by the Secretary of State. A mail ballot will be valid and counted only if it is returned in the return envelope, the self-affirmation on the return envelope is signed and completed by the eligible elector to whom the ballot was issued, and the information on the return envelope is verified. [§1-7.5-107(6), C.R.S.]
X If the election official determines that an eligible elector to whom a replacement ballot has been issued has voted more than once, the first ballot returned by the elector will be considered the elector’s official ballot. [§1-7.5-107(6), C.R.S.]
15. Description of procedures to be used to ensure ballot security at all stages of the process (Please read and indicate your compliance by checking each box):
X The ballot or ballot label will contain the following warning: [§1-7.5-107(3)(b), C.R.S.]
“WARNING:
Any person who, by use of force or other means, unduly influences an eligible elector to vote in any particular manner or to refrain from voting, or who falsely makes, alters, forges, or counterfeits any mail ballot before or after it has been cast, or who destroys, defaces, mutilates, or tampers with a ballot is subject, upon conviction, to imprisonment, or to a fine, or both.”
X The return envelope will have printed on it a self-affirmation substantially in the following form: [§1-7.5-107(3)(b.5)]
“I state under penalty of perjury that I am an eligible elector; that my signature and name are as shown on this envelope; that I have not and will not cast any vote in this election except by the enclosed ballot; and that my ballot is enclosed in accord with the provisions of the “Uniform Election Code of 1992.”
Date: Signature of Voter: .
X When not being processed, ballot packets will be placed in a safe, secure area under the supervision of the designated election official, election judge, or person designated by the designated election official.
X A replacement ballot may be requested if the ballot was destroyed, spoiled, lost, or not received by the elector. The elector requesting the replacement ballot must complete a sworn statement in compliance with section 1-7.5-107(3)(d)(I), C.R.S. The form may be mailed to an elector along with their mail ballot packet, however, it must be returned to the election official on or before election day. [§1-7.5-107(3)(d), C.R.S.]
X Ballots will not be left unattended while being processed. After processing is complete, ballots will be placed in a safe and secure area. Access to the secure area shall be determined by the County Clerk and Recorder or designated election official.
16. Description of procedures for maintaining privacy and security of accessible voting machines to be used in an election coordinated by the County Clerk and Recorder (If this section does not apply to you, please check the box marked “Not applicable and then indicate the reason(s) why this section does not apply to you):
[ ] At the voter’s request, the election judge will instruct the voter on the use of the accessible machine. [Rule 9]
[ ] Each accessible voting device will be positioned as to protect each voter’s privacy while voting. [Rule 12.12.3]
[ ] For elections coordinated by the County Clerk and Recorder, a security plan will be submitted in accordance with Rule 43 in addition to the mail ballot plan, if such security plan has not already been received by the Secretary of State. [Rule 43]
[ ] In an election coordinated by the County Clerk and Recorder, if a voter surrenders a mail ballot to the designated election official and votes in-person on an accessible device provided for the election, the accessible device will be subject to the privacy, security and accuracy standards set forth in the Election Rules and Title 1, C.R.S. [Rule 12.12]
X Not applicable for the following reason(s) (Please check all that apply):
X This election is being conducted as an independent mail ballot election that is not coordinated with the County Clerk and Recorder.
X This election will be conducted with the use of paper ballots; no voting machines will be involved in this election.
17. Description of procedures to be used for signature verification (Please read and indicate your compliance by checking each box. If this section does not apply to you, please check the box marked “Not applicable”.): [§1-7.5-107.3, C.R.S.]
X Not applicable as this election is being conducted as an independent mail ballot election that is not coordinated with or conducted by the County Clerk and Recorder.
[ ] An election judge will compare the signature on the self-affirmation on each return envelope with the signature of the eligible elector stored in the statewide voter registration system.
[ ] If, upon comparing the signature on the self-affirmation on the return envelope with the signature of the eligible elector stored in the statewide voter registration system, the election judge determines that the signatures do not match, two other election judges of different political party affiliations will simultaneously compare the signatures.
[ ] If both other election judges agree that the signatures do not match, the County Clerk and Recorder will, within three (3) days after the signature deficiency has been confirmed, but in no event later than two (2) days after the election day, send a letter to the eligible elector explaining the discrepancy in signatures and a form for the eligible elector to confirm that the elector returned a ballot to the County Clerk and Recorder.
[ ] If the County Clerk and Recorder receives the form within eight (8) days after the election confirming that the elector returned a ballot to the County Clerk and Recorder and enclosing a copy of the elector’s identification, and if the ballot is otherwise valid, the ballot will be counted.
[ ] If the eligible elector returns the form indicating that the elector did not return a ballot to the County Clerk and Recorder, or if the eligible elector does not return the form within eight (8) days after election day, the self-affirmation on the return envelope will be categorized as incorrect, the ballot will not be counted, and the County Clerk and Recorder will send copies of the eligible elector’s signature on the return envelope and the signature stored in the statewide voter registration system to the District Attorney for investigation.
[ ] An original return envelope with an enclosed secrecy envelope containing a voted ballot that is not counted due to a discrepancy in signatures in accordance with the above procedures will be stored under seal in the office of the County Clerk and Recorder in a secure location separate from valid return envelopes and may be removed only under the authority of the District Attorney or by order of a court having jurisdiction.
[ ] In the case of a disagreement among the election judges as to whether the signature of an eligible elector on the self-affirmation on the return envelope matches the signature of the eligible elector stored in the statewide voter registration system, the mail ballot will be counted in the same manner as ballots received in valid, verified return envelopes.
[ ] An election judge will not determine that the signature of an eligible elector on the self-affirmation does not match the signature of that eligible elector stored in the statewide voter registration system solely on the basis of substitution of initials or use of a common nickname.
18. Description of Procedures to be used for ballots returned by electors who have not previously voted in Colorado and have failed to include proper proof of identification: [§ 1-7.5-107(3.5)(d), C.R.S.]
X Upon receipt of a mail ballot, from an elector who has not previously voted in Colorado, which does not contain a proper form of identification as required under section 1-7.5-107(3.5)(b), C.R.S., the designated election official will, within three (3) days after receipt of the mail ballot, but in no event later than two (2) days after election day, send to the eligible elector a letter explaining the lack of compliance with section 1-7.5-107(3.5)(b), C.R.S.
X If the designated election official receives a copy of identification in compliance with section 1-7.5-107(3.5)(b), C.R.S. within eight (8) days after election day, and if the mail ballot is otherwise valid, the mail ballot will be counted.
19. Description of procedures to ensure privacy by use of a secrecy sleeve or secrecy envelope so receiving judges cannot tell how the elector voted (Please read and indicate your compliance by checking the box):
X To protect the voter’s privacy, a secrecy sleeve or envelope will be included in the mail ballot package. [§1-7.5-106(1), C.R.S.]
20. Description of procedures to be used to reconcile ballots issued, ballots received, defective ballots and substitute ballots (Please read and indicate your compliance by checking each box):
X Ballots will be date stamped upon receipt. Each day when ballots come in, a judge will count the ballots, batch them, and record the number of ballots received including those that were returned as undeliverable. [Rule 12.7.3]
X The designated election official or the County Clerk and Recorder will maintain a daily reconciliation log containing the number of ballots issued, returned, and outstanding. [Rule 12.7.2]
21. Please review the Secretary of State approved Secrecy Sleeve with Voter Instructions at the bottom of this fillable form. (Please read the following statement and indicate your compliance by checking the box):
X As the designated election official, I hereby affirm that the Secretary of State approved secrecy sleeve with voter instructions or voter instructions page as included at the end of this form will be used in the mail ballot election.
X As the designated election official, I hereby affirm that the political jurisdiction will be using the attached secrecy sleeve, which is in substantial compliance with the requirements set forth by the Secretary of State.
Date copy of written plan was submitted to the governing body [Rule 12.4.1]
| 12/13/2010 |
Date of approval of election by governing body [Rule 12.4.1]
|
12/13/2010
|
Date by which local jurisdictions must submit notice of election to the County Clerk and Recorder if the County Clerk will assist with the election (no later than 40 days before the election) [§1-5-303(1), C.R.S.; Rule 12.4.1]
| 2/24/2011 |
Date by which local jurisdictions must submit notice of election to the county assessor, if property owners are eligible to vote in the election (no later than 40 days before the election) [§1-5-304(1), C.R.S.] | 2/24/2011 |
Date by which the County Clerk and Recorder must submit the list of eligible electors to the local jurisdiction conducting the mail ballot election. Also, for special district elections, the date by which the county assessor must submit the list of property owners who are eligible to vote in the election to the jurisdiction. (No later than 30 days before the election) [§1-7.5-107(2), C.R.S.]
| 3/4/2011 |
Date of close of registration (29 days before the election) [§1-2-201(3), C.R.S.]
| 3/7/2011 |
Date ballots will be mailed (no sooner than 22 days before the election and no later than 18 days before the election) [§1-7.5-107(3), C.R.S.] | 3/14/2011 through 3/18/2011 |
Date ballots will be made available at the designated election official’s office, or the office designated in the Mail Ballot Plan (no sooner than 22 days prior to the election) [§1-7.5-107(3), C.R.S.]
| 3/14/2011 |
Date by which the County Clerk and Recorder must submit a supplemental list of eligible electors to the local jurisdiction conducting the mail ballot election. Also, for special district elections, the date by which the county assessor must submit a supplemental list of property owners who are eligible to vote in the election to the jurisdiction. (No later than 20 days before the election) [§1-7.5-107(2), C.R.S.] | 3/16/2011 |
Date of publication of notice of election, including information regarding walk-in voting and accessible voting options.(no later than 20 days before the election) [§§1-5-705, 1-7.5-107(2.5), C.R.S.] |
3/16/2011 |
Date verification and counting of ballots will begin (counting may begin 15 days before the election) [§1-7.5-107.5, C.R.S.]
| 3/21/2011 |
Date of Election | 4/5/2011 |
Thank you for accessing the mail ballot plan online form. Please save this form to your computer so that it may be submitted to our office upon completion. Forms should be submitted via email (state.electiondivision@sos.state.co.us).
Please feel free to contact Michael Hagihara via phone at 303-894-2200 ext. 6331 or via email at michael.hagihara@sos.state.co.us with any questions you may have.