HomeMy WebLinkAbout2022 Ordinance No. 038
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BY AUTHORITY
ORDINANCE NO. 38 COUNCIL BILL NO. 43
SERIES OF 2022 INTRODUCED BY COUNCIL
MEMBER ANDERSON
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN ARAPAHOE COUNTY CLERK AND
RECORDER AND THE CITY OF ENGLEWOOD, COLORADO,
TO CONDUCT A COORDINATED ELECTION ON NOVEMBER
8, 2022.
WHEREAS, pursuant to the Uniform Election Code of 1992 (Articles 1 to 13 of
Title 1, C.R.S.) as amended, governmental entities are encouraged to cooperate and
consolidate elections in order to reduce taxpayer expenses;
WHEREAS, the City of Englewood has participated with Arapahoe County in
conducting coordinated elections since 1993;
WHEREAS, Arapahoe County and the City of Englewood have determined that
it is in the best interest of the taxpayers and the electors to conduct a Coordinated
Election on November 8, 2022;
WHEREAS, the City shall provide the Coordinated Election Official with a copy
of the ordinance stating that the City has adopted the exclusive use of Title 1 of the
Colorado Election Code and that the City will participate in the Coordinated Election in
accordance with the terms and conditions of this Agreement;
WHEREAS, the ordinance shall further authorize the Mayor to execute this
Agreement; and
WHEREAS, Arapahoe County and the City of Englewood desire to set forth their
respective responsibilities for the Coordinated Election pursuant to the Intergovernmental
Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, THAT:
Section 1. The Intergovernmental Agreement for Coordinated Election is
attached hereto as “Exhibit A”. The Intergovernmental Agreement for Coordinated
Election is hereby accepted and approved by the Englewood City Council.
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Section 2. General Provisions Applicable to this Ordinance. The following
general provisions and findings are applicable to the interpretation and application of this
Ordinance:
A. Severability. If any clause, sentence, paragraph, or part of this Ordinance
or the application thereof to any person or circumstances shall for any reason be adjudged
by a court of competent jurisdiction invalid, such judgment shall not affect, impair or
invalidate the remainder of this Ordinance or its application to other persons or
circumstances.
B. Inconsistent Ordinances. All other Ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed
to the extent of such inconsistency or conflict.
C. Safety Clauses. The City Council hereby finds, determines, and declares
that this Ordinance is promulgated under the general police power of the City of
Englewood, that it is promulgated for the health, safety, and welfare of the public, and
that this Ordinance is necessary for the preservation of health and safety and for the
protection of public convenience and welfare. The City Council further determines that
the Ordinance bears a rational relation to the proper legislative object sought to be
obtained. This Safety Clause is not intended to affect a Citizen right to challenge this
Ordinance through referendum pursuant to City of Englewood Charter 47.
D. Publication. Publication of this Ordinance may be in the City’s official
newspaper, the City’s official website, or both. Publication shall be effective upon the
first publication by either authorized method.
E. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby
authorized and directed to execute all documents necessary to effectuate the approval
authorized by this Ordinance, and the City Clerk is hereby authorized and directed to
attest to such execution by the Mayor where necessary. In the absence of the Mayor, the
Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The
execution of any documents by said officials shall be conclusive evidence of the approval
by the City of such documents in accordance with the terms thereof and this Ordinance.
City staff is further authorized to take additional actions as may be necessary to
implement the provisions of this Ordinance.
Introduced, read in full, and passed on first reading on the 1st day of August, 2022.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on
the 4th day of August, 2022.
Published as a Bill for an Ordinance on the City’s official website beginning on
the 3rd day of August, 2022. for thirty (30) days.
Read by Title and passed on final reading on the 15th day of August, 2022.
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Published by Title in the City’s official newspaper as Ordinance No. 38, Series of
2022, on the 18th day of August, 2022.
Published by title on the City’s official website beginning on the 17th day of August,
2022 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final
passage.
Othoniel Sierra, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading and
published by Title as Ordinance No. 38, Series of 2022.
Stephanie Carlile
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INTERGOVERNMENTAL AGREEMENT
BETWEEN
ARAPAHOE COUNTY CLERK AND RECORDER
AND
CITY OF ENGLEWOOD
REGARDING THE CONDUCT AND ADMINISTRATION OF THE
NOVEMBER 8, 2022
GENERAL ELECTION
PREPARED BY:
ARAPAHOE COUNTY CLERK AND RECORDER’S OFFICE
ELECTIONS DIVISION
5334 S. PRINCE STREET
LITTLETON, COLORADO 80120
303-795-4511
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THIS AGREEMENT is made by and between the Board of County Commissioners of the County of
Arapahoe, State of Colorado, on behalf of the Arapahoe County Clerk and Recorder (hereinafter referred
to as the "County") and City of Englewood (hereinafter referred to as the “Jurisdiction") (hereinafter
collectively referred to as the “Parties”); and
WHEREAS, pursuant to the Uniform Election Code of 1992 (Articles 1 to 13 of Title 1, C.R.S.) as
amended, governmental entities are encouraged to cooperate and consolidate elections in order to
reduce taxpayer expenses; and
WHEREAS, pursuant to section 1-7-116, C.R.S. if more than one jurisdiction holds an election on
the same day in November and the eligible electors for each such election are the same or the
boundaries overlap, the County Clerk and Recorder is the coordinated election official and, pursuant to
section 1–5–401, C.R.S. shall conduct the elections on behalf of all jurisdictions whose elections are part
of the coordinated election utilizing the mail ballot procedures set forth in article 7.5 of title 1; and
WHEREAS, the County and Jurisdiction have determined that section 1-7-116, C.R.S. applies and
it is in the best interest of the taxpayers and the electors to enter into this Agreement to conduct a
Coordinated Election on November 8, 2022; and
WHEREAS, such agreements are authorized by State law.
WHEREAS, the County and the Jurisdiction have a history of successful coordinated elections
and have therewith established certain practices and procedures to preserve the integrity of the
election process; and
WHEREAS, the Parties understand and agree that conducting coordinated elections
subjects all Parties participating in the process to the strictures of Article XXIX of the Colorado
Constitution pertaining to Ethics in Government, including that all Parties must: hold the respect and
confidence of the people; carry out their duties for the benefit of the people; and avoid conduct that is
in violation of their public trust or that creates a justifiable impression in the public that such trust is
being violated.
NOW, THEREFORE, for and in consideration of the promises herein contained, the sufficiency of
which is hereby acknowledged, the Parties hereto agree as follows:
This election shall be conducted as a Coordinated Election in accordance with the Uniform Election Code
of 1992 (Articles 1-13 of Title 1, C.R.S.). The election participants will execute agreements with
Arapahoe County for this purpose and may include municipalities, school districts, and special districts
within the Arapahoe County limits and the State of Colorado.
The Arapahoe County Clerk and Recorder shall be designated as the Coordinated Election Official
(hereinafter “CEO”) and the Jurisdiction hereby identifies Stephanie Carlile as its Designated Election
Official (hereafter “DEO).
FURTHER, the Parties agree as follows:
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SECTION I.
PURPOSE AND GENERAL MATTERS
1.01 DEFINITIONS.
A. “Address Library Report” means the address report from the Secretary of State voter registration
system that defines street addresses and precincts within the jurisdiction.
B. “Coordinated Election Official” (hereinafter “CEO”) shall mean the County Clerk and Recorder who
shall act as the “coordinated election official,” as defined within the Code and Rules and, as such,
shall conduct the election for the Jurisdiction for all matters in the Code and the Rules which require
action by the CEO.
C. "Colorado Election Code" or “Code” means any part of the Uniform Election Code of 1992, (Articles 1-
13 of Title 1, C.R.S.) or any other Title of C.R.S governing participating Jurisdiction's election matters,
as well as the Colorado Constitution, and the State of Colorado Secretary of State (SOS) Rules.
D. “Coordinated Election" means an election where more than one jurisdiction with overlapping
boundaries or the same electors holds an election on the same day and the eligible electors are all
registered electors, and the County Clerk is the Coordinated Election Official for the jurisdictions.
E. “Contact Officer” means the individual who shall act as the primary liaison or contact between the
Jurisdiction and the County Clerk. The Contact Officer shall be that person under the authority of
the County Clerk who will have primary responsibility for the coordination of the election for the
Jurisdiction and the procedures to be completed by the County Clerk hereunder.
F. “Designated Election Official" (hereinafter “DEO”) means the individual who shall be identified by the
Jurisdiction to act as the primary liaison between the Jurisdiction and the Contact Officer and who
will have primary responsibility for the conduct of election procedures to be handled by the
Jurisdiction hereunder. To the extent that the Code requires that an Election Official of the
Jurisdiction conduct a task, the DEO shall conduct same.
G. “IGA” or “Agreement” means this Intergovernmental Agreement between the County and the
Jurisdiction for election coordination.
H. “Jurisdiction” means a political subdivision as defined in § 1-7.5-103(6), C.R.S. and referenced in the
Code and, in this Agreement, is interpreted to refer to the City of Englewood.
I. “Logic and Accuracy Test” means a test of all electronic and electromagnetic voting equipment to
test mail, provisional and audio ballots, in accordance with § 1-7-509, C.R.S. by processing a
preaudited group of ballots.
J. “Mail Ballot Packet” means the packet of information provided by the CEO to eligible electors in the
mail ballot election. The packet includes the ballot, instructions for completing the ballot, and a
return envelope. § 1-7.5-103(5), C.R.S.
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K. “Post Election Audit” means such audit as set forth substantially in the Colorado Election Code.
L. “Precinct” means an area with established boundaries within a political jurisdiction used to establish
election districts.
M. “Proposed Jurisdiction” means a jurisdiction which may be formed pursuant to this election which is
not yet identified by a tax authority code in the County Assessor database. When the context of this
Agreement so requires, a Proposed Jurisdiction will simply be referred to as a Jurisdiction.
N. “SOS” means the Colorado Secretary of State.
O. “Election Calendar” means the “2022 General Election – Abridged Calendar Key Dates for
Coordinating Jurisdictions,” attached hereto as Attachment B, which is based upon and incorporates
the most recent election calendar as published on the SOS website located at www.sos.state.co.us.
P. “TABOR” means a ballot issue that is governed by article X, § 20 of the Colorado Constitution.
Q. “UOCAVA voters” means military personnel and overseas civilians who are registered to vote and
receive services under the Uniformed and Overseas Citizens Absentee Voting Act of 1986 and the
Military and Overseas Voter Empowerment Act of 2009.
1.02 JURISDICTIONAL LIMITATION.
A. The Jurisdiction encompasses territory within Arapahoe County. This Agreement shall be construed
to apply only to that portion of the Jurisdiction within Arapahoe County.
SECTION II.
COUNTY/JURISDICTION RESPONSIBILITIES
2.01 JOINT RESPONSIBILITIES.
Nothing herein shall be deemed or construed to relieve the County or the Jurisdiction from their official
responsibilities for the conduct of the election as generally set forth in the Colorado Election Code.
All parties shall:
B. Familiarize themselves and adhere to all applicable provisions and timelines of the Colorado Election
Code while performing their official responsibilities for the conduct of the election, unless superseded
by other legal authority.
C. Enforce all applicable provisions of the Fair Campaign Practices Act.
D. Review and execute this IGA with all required signatures on or before the deadline set forth in § 1-7-
116(2), C.R.S.
E. Confirm they have sufficient funds available and appropriated in an approved budget to pay their
expenses for this election.
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F. All parties shall remain cognizant of their obligations under article XXIX of the Colorado
Constitution at all times during the election process, from the signing of this IGA to final certification
of election results to the SOS.
2.02 COUNTY RESPONSIBILITIES.
The County shall perform the following duties:
G. Designate a Contact Officer to provide assistance and information to the DEO of the Jurisdiction on
matters relating to the conduct of this election. Such information shall not include legal advice.
H. Maintain voter records and an address library for Arapahoe County voters within the Colorado SCORE
voter registration database. Comply with Colorado SOS and Arapahoe County cyber-security
recommendations to protect confidential voter information.
I. Send a certified list of registered voters to the Jurisdiction via secure online method if requested by
the DEO of the Jurisdiction.
J. In order to identify which addresses are eligible to receive and vote on the Jurisdiction’s ballot
question, the County shall perform the following duties for the Address Library:
a. Use the Colorado SCORE voter registration database to produce an Address Library Report that
indicates residential street ranges included within the boundaries of the Jurisdiction.
b. Provide the Jurisdiction with the Address Library Report in an electronic format, along with an
Acknowledgement Form that the Jurisdiction should use to confirm the accuracy of the ranges,
the accuracy of the map of the Jurisdiction’s boundaries as found on ArapaMAP or note any
errors, omissions, and/or corrections.
c. Verify any errors, omissions, and/or corrections identified by the Jurisdiction against County
Assessor data, and where appropriate, modify street ranges to accurately define the eligible
electors within the Jurisdiction.
K. Receive certified ballot content from the Jurisdiction in electronic format. Layout the text of the
official ballot using the certified content without any modifications or formatting changes. Provide an
electronic proof of the ballot to the Jurisdiction’s DEO via email for written approval prior to final
production. Post a sample ballot to www.arapahoevotes.gov .
a. Pursuant to § 1-5-905, C.R.S., and SOS Rule 4.1.2, the County is required to provide in-person and
sample ballot translations for all ballot content in Spanish in Coordinated Elections using a
translator subject to the requirements of the Code and SOS Rules 4.8.8 and 4.8.9.
b. The County will be responsible for obtaining a Spanish translation of the Jurisdiction’s ballot
content from the County’s certified translation vendor. Cost of Spanish translation will be included
in shared election cost calculations.
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c. To the extent that the Jurisdiction includes territory in more than one county, the County will
coordinate with the Jurisdiction and the other county or counties to determine responsibility for
obtaining a Spanish translation so that only one translation is completed for each ballot issue or
question and that the same translated version is used by each county.
L. Determine the number and letter of each ballot issue and question for the Jurisdiction and any other
coordinating jurisdictions participating in the election, in accordance with SOS Rule 4.5.2:
a. If the Jurisdiction is entirely contained within Arapahoe County, the County has authority to set
the ballot measure order and number.
b. If the Jurisdiction includes territory in more than one county, the County will coordinate with the
other applicable counties for purpose of determining the controlling county and agreeing upon
ballot measure numbers for shared issues and questions.
M. Conduct a Logic and Accuracy Test in accordance with § 1-7-509, C.R.S. Invite the Jurisdiction to
participate along with the Testing Board to verify the accuracy of electronic vote tabulation equipment.
Post a public notice of the Test seven (7) days in advance.
N. Provide a candidate hotline at 303-734-5365, which every candidate running for office in the
Jurisdiction (if applicable) shall call to provide the phonetic pronunciation of their name as it appears on
their Statement of Intent, title of the office, and Jurisdiction for which they are running.
O. Prepare an accessible audio ballot for the electronic ballot marking devices to be made available to
voters upon request at any Voter Service and Polling Center.
P. Contract with a vendor acceptable to the SOS to print and send Mail Ballot Packets to every active
registered voter and transmit ballots electronically to every active registered UOCAVA voter.
Q. Publish and post the required legal notice of election pursuant to § 1-5-205(1), C.R.S., for the
Jurisdiction’s ballot issues, ballot questions, and/or candidates.
R. If the Jurisdiction’s election includes a TABOR issue, the County shall perform the following duties
relative to the TABOR Notice:
a. Provide a Microsoft Word document template for the TABOR Notice to the Jurisdiction with
instructions to submit its certified ballot language, pro/con statements and financial summary for
each ballot question or issue governed by TABOR by the deadline listed in Attachment B.
b. Prepare the TABOR Notice using the certified content provided by the Jurisdiction, without revision.
c. Contract with a printing vendor to produce and mail one copy of the TABOR Notice to every
household where an active registered voter of the Jurisdiction resides at the least cost possible in the
time frame as required by law. If the Jurisdiction is a special district, the TABOR Notice also will be
mailed to every eligible property owner who is not already a registered voter in Arapahoe County.
The County may send the TABOR Notice to persons other than electors of the Jurisdiction in an effort
to mail the TABOR Notice package at the “least cost.”
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d. Post the TABOR Notice on www.arapahoevotes.gov.
e. Keep a careful and accurate accounting of time, supplies, printing costs and salaries attributable to
the County’s TABOR Notice services for the Jurisdiction. The Jurisdiction’s proportional share of
actual costs shall be based on the County’s total expenditures relative to the TABOR Notice.
S. Hire, instruct and oversee election judges and temporary workers necessary for the conduct of the
election.
T. Establish and maintain mail ballot 24-hour drop-boxes, and designate and operate Voter Service and
Polling Centers as required by the Code.
U. Provide trained personnel to pick up sealed ballot containers containing voted ballots from every
Voter Service and Polling Center and 24-hour drop-box each business day. Provide a replacement sealed
empty ballot container(s), except if the location is a stand-alone 24-hour drop-box.
V. Provide the necessary equipment, the adequately trained personnel, and the secure facility, and
conduct and oversee the process to receive, verify voter signatures, open, tabulate and store ballots.
W. Maintain a record of every eligible voter’s registration and every ballot sent, received, voided and
cast using the Colorado SCORE voter registration and election management system. A SCORE download
providing an update on every eligible voter’s registration and ballot status will be posted on
www.arapahoevotes.gov daily during the voting period. No person will be given preferential treatment
regarding the receipt of updated SCORE information, except that the Clerk’s Office may respond to
lawful records requests made pursuant to the Colorado Open Records Act.
X. Send letters to voters whose mail ballot envelopes are missing a signature, missing identification or
have a signature discrepancy, and provide instructions and an affidavit to cure this issue within eight (8)
days of Election Day for the ballot to be counted. Conduct the process to receive and verify voter
affidavits and where appropriate, cure and count these ballots.
Y. Maintain the following reports for all Arapahoe County eligible voters, and publish a public version
(excluding confidential voters) on www.arapahoevotes.gov :
a. A registered voter list, including the names of eligible electors;
b. A turnout list, including the names of eligible electors, precinct number, date mail ballot was sent,
and date ballot was issued at a Voter Service and Polling Center.
Z. Accept public inquiries by phone at 303-795-4511 and by email at elections@arapahoegov.com.
Respond to all correspondence and calls within the County’s expertise relating to election procedures.
Refer members of the public and news media to the DEO for any matters pertaining to the Jurisdiction’s
race, questions, measures or operations.
AA. Post unofficial election results by ballot question after the polls close on Election Night at
www.arapahoevotes.gov , and regularly update the unofficial results as more eligible ballots are
counted. Election results will not be shared before the online posting.
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BB. Conduct a recount of the ballots cast if required by law or if requested by the Jurisdiction pursuant
to state law. In either scenario, the cost of the recount will be charged to the Jurisdiction. If more than
one Jurisdiction is involved in the recount, the cost will be pro-rated among the participating
Jurisdictions equally.
CC. Prepare and run the required Post Election Risk Limiting Audit in accordance with the Code before
certifying election results.
DD. Appoint a Canvass Board and conduct a canvass of the votes in order to certify the results of the
Jurisdiction's election pursuant to § 1-10-101, C.R.S. Provide the Jurisdiction with a copy of all election
statements and certificates which are to be created under the Code.
EE. Keep a careful and accurate accounting of time, supplies, printing costs and salaries attributable to
the County’s administration of the election.
FF. Submit to the Jurisdiction a good faith preliminary cost estimate at the time of this Agreement, an
updated cost estimate after the deadline for ballot content to be submitted has passed pursuant to
state law, and an itemized invoice for all expenses incurred under this Agreement post-election.
a. The County allocates costs using a Weighted Population Average, which reflects the proportionate
number of active registered voters in each Jurisdiction on Election Day compared to the sum of all
active registered voters in all coordinating jurisdictions for that election (including the County
itself).
b. The total shared costs attributable to the County’s administration of the election are multiplied by
the Weighted Population Average to determine the Jurisdiction’s allocation based on this formula.
The final invoice detailing the Jurisdiction’s portion of shared election costs will reflect actual cost
totals as well as any changes in the total number of coordinating jurisdictions participating in the
election and any increases in active voter count between the cost estimates and Election Day.
GG. Store all election records as required by the Code for 25 months in such a manner that they may be
accessed by the Jurisdiction, if necessary, to resolve any challenges or other legal questions that might
arise regarding the election.
2.03 JURISDICTION RESPONSIBILITIES.
The Jurisdiction shall perform the following duties:
A. Identify a Designated Election Official to act as liaison between the Jurisdiction and the County.
B. Notify the County prior to executing this IGA if the Jurisdiction’s boundaries include property in any
other county.
C. Review the Address Library Report provided by the County, which determines which residential
addresses are within the jurisdiction. View the street ranges in a map format at:
http://gis.arapahoegov.com/ArapaMAP/. Confirm the street ranges and/or map are correct and identify
any errors, omissions or deletions if necessary. Provide the County with certification of any annexations,
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inclusions, and/or exclusions to the Jurisdiction, including all supporting documents. Return via email a
signed copy of the provided Acknowledgement Form to the County, including any corrections if
necessary, by the date set forth in Attachment B.
a. If the Jurisdiction is a Proposed Jurisdiction not already identified by a tax authority code in the
County Assessor’s records, the Jurisdiction shall provide the County with a certified legal
description, map, and a list of street ranges for all streets within the Proposed Jurisdiction on or
before eighty (80) days prior to Election Day. If residential addresses are not available, provide a
list of the land parcel numbers that are within the boundaries of the Proposed Jurisdiction.
D. For elections where owning property in the Jurisdiction is a requirement for voting in the election,
the Jurisdiction must perform the following tasks relating to the property owners list:
a. Coordinate directly with the Arapahoe County Assessor’s Office to order and pay for an initial and
a supplemental certified list of all recorded owners of taxable real and personal property within
the Jurisdiction’s boundaries in Arapahoe County, in accordance with § 1-5-304, C.R.S. and by the
deadlines in Attachment B.
b. Contact Minerva Padron at the Colorado SOS’s Office to receive access to DEO SCORE lookup.
(Minerva Padron, 855-428-3555 ext. 6332, minerva.padron@sos.state.co.us).
c. Using the list from the Assessor’s Office:
i. Remove from the list non-person entities and persons not living in the State of Colorado.
ii. Look up the remaining names using the SOS SCORE look-up tool to determine if each
person is a registered voter. Remove from the list those individuals who are not registered
to vote.
iii. Remove from the list persons who reside in the district, as they will already receive a mail
ballot.
iv. Deliver to the County via email an initial and a supplemental list of property owners who
are property owners in the district, registered to vote in the state of Colorado, and not
physically residing in the district. Each list should be delivered by the deadline indicated in
Attachment B. The list should be a Microsoft Excel spreadsheet and must contain no more
than one (1) eligible elector’s name per line. Each line must consist of the following
separated fields: eligible elector’s voter identification number, last name, first name,
middle name, mailing address, city, state, zip, parcel number, and phone number, if
available.
E. Directly manage the responsibilities defined in § 1-4-901 to 912, C.R.S. for all candidate petitions for
all local election races held by the Jurisdiction, including but not limited to: reviewing the petition
format, receiving petitions that are filed, verifying voter validity, determining sufficiency, notifying
candidates of sufficiency, responding to protest filings, and cures if applicable.
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F. Determine the title and text of the Jurisdiction’s ballot races, measures and/or issues using plain, non-
technical language, worded with simplicity and clarity. Determine the order of candidates in each race
by lot drawing, or if applicable, city/town charter.
G. Defer to the County to determine the number and letter of each ballot issue and question, as
outlined in Section 2.02. Abstain from communicating or publicizing a ballot issue or question in
conjunction with a letter or number before it has been officially determined by the County on the date
of ballot content certification under the Code.
H. Submit the Jurisdiction’s certified ballot content, verbatim, as it should appear on the ballot for the
Jurisdiction’s races, questions and issues to the County. Submit the ballot content via email to Corene
Henage at chenage@arapahoegov.com on or before the deadline as set forth within Attachment B.
Format the ballot content in a Microsoft Word document in plain text; do not include bold, italic,
underline, bullets, tables, strikethrough or indentation. Titles should indicate whether the question is a
referred measure or an initiative from a citizen petition. TABOR issues must be in all caps. All other
measures and races must be mixed case. (Ballot content submitted to the County after the deadline will
not appear on the ballot.)
I. Within one business day of receipt from the County, proofread the layout and the text of the
Jurisdiction’s portion of the official ballots and provide written notice of acceptance to the County via
email to Corene Henage at chenage@arapahoegov.com.
J. If the Jurisdiction’s election includes a race, contact all candidates on the ballot and ask them to call
the County’s candidate hotline at 303-734-5365 by the deadline indicated in Attachment B and record a
voicemail with the phonetic pronunciation of their name, the title of the race and jurisdiction for which
they are running.
K. If the Jurisdiction’s election includes a TABOR issue, the Jurisdiction shall perform the following duties
relative to the TABOR Notice by the relevant deadlines indicated in Attachment B:
a. Receive petition representative’s written summary of comments relating to ballot issues/ballot
questions. Receive and compile community members’ written summary of pro/con statements
relating to ballot issues/ballot questions.
b. Prepare a financial summary for each ballot question or issue.
c. Prepare a Microsoft Word document using the template provided by the County for the TABOR
Notice with the final and exact text of its certified ballot language, pro/con statements and financial
summary for each ballot question or issue governed by TABOR by the deadline in Attachment B,
delivered to Briana Kacinski at bkacinski@arapahoegov.com.
d. Defend and resolve, at the Jurisdiction’s sole expense, all challenges related to the candidates,
ballot issues and/or ballot questions, or to the TABOR Notice if applicable, as certified to the
County.
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L. Publish and post any required legal notices for the Jurisdiction’s candidates, ballot issues and/or ballot
questions, other than the notice published by the County in conformance with § 1-5-205, C.R.S. A copy
of such published legal notice shall be submitted to the County for its records.
M. Respond to all correspondence and calls for any matters pertaining to the Jurisdiction’s race,
question or measures or operations. Refer members of the public and news media to the County for any
matters outside of the DEO’s expertise relating to election procedures.
N. Notify the CEO by the statutory deadline whether a recount is required or desired. The Jurisdiction
shall reimburse the County for the full cost of the recount. If other Jurisdictions are included in the
recount, the cost of the recount will be prorated among the participating Jurisdictions as per § 1-10.5-
101, C.R.S.
O. Remit to the County the total payment for the Jurisdiction’s prorated share of costs for the printing
and mailing of ballots, TABOR Notice (if required), any additional or unique election costs resulting from
Jurisdiction delays and/or special preparations or cancellations, and all other election expenses within
sixty (60) days from the date of receipt of an invoice from the County.
SECTION III.
CANCELLATION OF ELECTIONS
3.01 CANCELLATION OF ELECTION BY THE JURISDICTION.
In the event that the Jurisdiction resolves not to hold the election, notice of such resolution shall be
provided to the CEO immediately. The Jurisdiction shall be liable for the full actual costs of the activities
of the CEO relating to the election incurred before receipt of such notice and activities of the CEO
relating to cancelling the election after the receipt of such notice. The Jurisdiction shall provide and post
notice by publication as defined in the Code. In the event that the Jurisdiction resolves not to hold the
election after the last day for the DEO to certify the ballot order and content to the CEO (see
Attachment B), the text provided by the Jurisdiction cannot be removed from the ballot and/or the
Ballot Issue notice (TABOR Notice).
SECTION IV.
MISCELLANEOUS
4.01 NOTICES.
Any and all notices required to be given by this Agreement are deemed to have been received and to be
effective: (1) three days after they have been mailed by certified mail, return receipt requested; (2)
immediately upon hand delivery; or (3) immediately upon receipt of confirmation that an email or fax
was received; to the address of a Party as set forth below or to such Party or addresses as may hereafter
be designated in writing:
To County: Joan Lopez
Arapahoe County Clerk and Recorder’s Office
DocuSign Envelope ID: B08B3BA5-4998-436F-ADEA-93E6DA3C34C1
Arapahoe County Elections IGA Page 12
Elections Division
5334 S. Prince St.
Littleton, Colorado 80120
Fax: (303) 794-4625
Email: jlopez@arapahoegov.com
To Jurisdiction: Stephanie Carlile
City Clerk
and Designated Election Official
1000 Englewood Parkway
Englewood CO 80110
Email: scarlile@englewoodco.gov
Phone: 13037622405
4.02 TERM OF AGREEMENT.
The term of this Agreement shall continue until all statutory requirements concerning the conduct of
the election and the creation, printing, and distribution of the TABOR Notice, if needed, are fulfilled.
4.03 AMENDMENT.
This Agreement may be amended only in writing, and following the same formality as the execution of
the initial Agreement.
4.04 INTEGRATION.
The Parties acknowledge that this Agreement constitutes the sole and entire Agreement between them
relating to the subject matter hereof and that no Party is relying upon any oral representation made by
another Party or employee, agent or officer of that Party.
4.05 CONFLICT OF LAW.
In the event that any provision in this Agreement conflicts with the Code or other statute, this
Agreement shall be modified to conform to such law.
4.06 TIME OF ESSENCE.
Time is of the essence for this Agreement. The time requirements of the Code shall apply to completion
of the tasks required by this Agreement. Failure to comply with the terms of this Agreement and/or the
deadlines in Attachment B or the Code may result in consequences up to and including termination of
this Agreement.
4.07 GOOD FAITH.
DocuSign Envelope ID: B08B3BA5-4998-436F-ADEA-93E6DA3C34C1
Arapahoe County Elections IGA Page 13
The parties shall implement this Agreement in good faith, including acting in good faith in all matters
that require joint or general action.
4.08 NO WAIVER OF GOVERNMENTAL IMMUNITY ACT.
The Parties understand and agree that the County, its commissioners, officials, officers, directors,
agents, and employees, are relying on, and do not waive or intend to waive by any provisions of this
Agreement, the monetary limitations or any other rights, immunities, protections or defenses provided
by the Colorado Governmental Immunity Act (the “CGIA”), §§ 24-10-101 to 120, C.R.S., or otherwise
available to the County or the Jurisdiction. To the extent the CGIA imposes varying obligations or
contains different waivers for cities and counties, both the Jurisdiction and the County agree that they
will remain liable for their independent obligations under the CGIA, and neither party shall be the agent
of the other or liable for the obligations of the other.
4.09 NO THIRD PARTY BENEFICIARIES.
The enforcement of the terms and conditions of this Agreement and all rights of action relating to such
enforcement shall be strictly reserved to the County and the Jurisdiction, and nothing contained in this
Agreement shall give or allow any such claim or right of action by any other or third person under such
Agreement.
4.10 GOVERNING LAW: JURISDICTION AND VENUE.
Unless otherwise agreed in writing, this Agreement and the interpretation thereof shall be governed by
the laws of the State of Colorado. Venue for any and all legal actions arising under this IGA shall lie in the
District Court in and for the County of Arapahoe, State of Colorado.
4.11 SEVERABILITY.
Should any provision of this Agreement be determined by a court of competent jurisdiction to be
unconstitutional or otherwise null and void, it is the intent of the parties hereto that the remaining
provisions of this Agreement shall be of full force and effect.
4.12 ATTACHMENTS.
The following attachments are incorporated herein by this reference.
Attachment A – 2022 Preliminary Cost Estimate
Attachment B – Key Dates for Coordinating Jurisdictions (subject to updates)
END OF PAGE
DocuSign Envelope ID: B08B3BA5-4998-436F-ADEA-93E6DA3C34C1
rapahoe County Elections IGA Page 14
Arapahoe County
_______________________________________ _____________________
Joan Lopez, Coordinated Election Official Date
Clerk and Recorder
_______________________________________ _____________________
Stephanie Carlile,City Clerk Date
Designated Election Official
DocuSign Envelope ID: B08B3BA5-4998-436F-ADEA-93E6DA3C34C1
8/16/2022