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MAIL BALLOT ELECTION PLAN

By Lester Wallace,2014-06-17 17:58
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MAIL BALLOT ELECTION PLAN ...

    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.

    Colorado Secretary of State Updated 04/20/10

TTENTION 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. A

     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.

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    Name of person submitting plan:

     Address:

     Political Subdivision:

     Email:

1. Date of the election:

    2. Type and name of the jurisdiction(s) involved in the election (Example: county, municipality, special

    district, school district, etc.):

    3. Description of the type of election to be conducted (Example: coordinated election, recall election, special

    election, etc.):

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)

5. Estimated number of eligible electors:

     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.]

     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]

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]

     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.)

     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):

     3

    Model Number(s):

     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]

     # 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):

    Please check one of the boxes below:

     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:

     All walk-in voting locations will be open during normal business hours from:

     [?1-7.5-107(3)(c), C.R.S.]

     Dates: to

     Hours: to

     Example:

     Dates: April 12, 2010 to May 4, 2010

     Hours: 8:00 a.m. to 5:00 p.m.

     4

     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

     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 thto 7:00 pm. on May 4.

     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):

     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):

     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.]

     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:

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     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:

     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.

     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):

     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.]

     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.]

     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):

     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.”

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     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: .

     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.

     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.]

     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]

     Not applicable for the following reason(s) (Please check all that apply):

     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 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.]

     7

     Not applicable as this election is being conducted as an independent mail ballot election

    that is not part of a November election 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 on file in the office of the County Clerk

    and Recorder.

     If, upon comparing the signature on the self-affirmation on the return envelope with the

    signature of the eligible elector on file with the County Clerk and Recorder, 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

    on file with the County Clerk and Recorder 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 on file with the County Clerk and Recorder, 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 on file with the County

    Clerk and Recorder 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.]

     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

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    (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.

     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):

     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):

     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]

     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):

     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.

     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.

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    MAIL BALLOT PLAN TIMETABLE

    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

Pursuant to Election Rule 12.4, the designated election official must prepare a written timetable for conducting the

    mail ballot election with specific dates or range of dates when each activity is to be completed.

Please complete the following timetable by supplying the following dates or range of dates on the right:

     Date:

    Date copy of written plan was submitted to the governing body [Rule 12.4.1]

    Date of approval of election by governing body [Rule 12.4.1]

    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]

    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.]

    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.]

Date of close of registration (29 days before the election) [?1-2-201(3), C.R.S.]

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.]

    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.]

    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.]

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