HomeMy WebLinkAbout1996-12-13 EC CORRESPONDENCECity of Englewood
December 13 , 1996
Honorable Donetta Davidson
Arapahoe County Clerk & Recorder
5334 South Prince Street
Littleton, CO 80166
Dear Ms. Davidson ,
3400 S Elati Street
Englewood , Colorado 80110-2304
Phone (303) 762-2300
(303) 762-2301
FA X (303) 789-1125
Attached is a copy of my written plan for conduct of the recall mail ballot election
in Englewood on January 14 , 1997, which was approved by the Secretary of
State on November 27 , 1996.
Monday, December 16, 1996, is the last day to register to vote for this
election.
I would like to request a registered voter list, alphabetical by last name , for
Englewood City Council District I. District I includes County precincts 101, 104,
105 , 106, 107 and 110. County precinct 105 is a split precinct. The portion of
County precinct 105 included in City District I is bounded by East Yale Avenue,
South Broadway , South Logan Street and East Floyd Avenue . Brenda or I can
pick up this list when it is ready.
Additionally, Paragon will need the same voter registration records for District I
in the following format:
../ All fields included in file
../ ASCII format
../ Record layout
../ Supplied on 3 % " diskette
They need this disk by December 18th. Please advise Paula Jones , of
Paragon , at 433-7481 when she can pick up the records.
Thank you for your assistance . If I can help at all , just let me know!
. d.tb;
o crishia A. Ellis , CMC/AAE
City Clerk
cc: ~on Systems Group
V 1500-West 4yth Avenue
Denver, CO 80211
I DEPARTMENT OF STATE
j 1560 Broadway -Suite 200
• Denver, Colorado 80202
Administration 894-2200
-
-:\ Corporations 894-2251
: Uniform Comm ercial Code 894-22 00
Elections 894-2680
Licensin g & Enforcement 894-2680
TDD 894-2389
FAX 894-2242
FAX 894-7732
November 27 , 1996
Loucrishia A. Ellis
City Clerk
3400 S . Ela ti Street
Englewood , CO 80110-2304
Dear Ms. Ellis:
VICTORIA BUCKLEY
Secretary of State
On November 12, 1996, our office received the written plan for conduct of a mail ballot recall
election for the City of Englewood . The plan has been reviewed pursuant to C.R.S. Title 1,
Article 7. 5 and the Secretary of State Rules 10 .1 -10 .19 concerning Mail Ballot Elections.
This letter shall serve as written notice of approval to the political subdivision as required by
C.R. S. 1-7. 5-105 (2). A cost analysis form has been enclosed for the designated election official
to fill out after the election. The information in the analysis is for our reference only and is not
a matter of public record .
A copy of the ballot, instructions to electors, and a copy of the verification envelope should be
on file with our office. We also recommend that the designated election official, all designated
assistants , and judges review mail ballot laws prior to the election.
If you have any questions, please do not hesitate to call.
Sincerery..,._,, . _
, •• ...-.' ! ,,--. ''\// _,,-/,' \ / ·, ( \ .
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( {L ·'l fLCi. L~f_,--_,.,,
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Carole Pool \
Deputy Secretary of State
Enclosure
WRITTEN PLAN
For the Conduct of a Mail Ballot Election
Name of Person Submitting Plan : Loucrishia A. Ellis, City Clerk
City of Englewood 1. Legal name of Jurisdiction:
2. Type of Jurisdiction: Home Rule City
3 . Description of type of election to be held: (Please check one)
Regular election ---Coordinated election ---(Complete exhibit 1)
___ Special Election on a ballot issue x Other Recall Election
4. Statute or Home Rule Charter which _authorizes your abil ity to hold this election:
Citv of Englewood Home Rule Charter, Article IV, Section 34
5. Estimated number of eligible electors: 5 , 0 0 0
-----------------~
6. Name of a designated election official who will be responsible for all aspects of the election:
Loucrishia A. Ellis, Citv Clerk
7. What assistance will the County Clerk and Recorder provide for this election?
X Provide lists of registered electors
---Be Responsible for the Election
8. Number of places of deposit __ l _____ _
{Complete exhibit 2)
For each of the following, explain what you will do:
9. If ballot packets are returned as undeliverable:
Ballot packets returned as undeliverable will be recorded,
secured in locked vault in Citv Hall, 3400 South Elati Street,
and not remal led.
10. Indicate how postage will be handled for ballot packets returned as undeliverable:
( i.e UReturned postage guaranteed")
Ballot packages will be mailed with first-class postage, marked
"DO NOT FORWARD." U.S. Postal Service guarantees return of
undeliverable mail.
•• e
U. Indicate the procedures to be followed to ensure . compliance with statutes and rules; please
include the names of people responsible for each stage:
The Citv Clerk shall establish procedures to ensure compliance
with applicable statutes, Charter provisions and the
Secretarv of State's Rules concerning Mail Ballot Elections._
12. Describe the procedures to ensure ballot security at all stages of the process:
13.
14.
15 .
Voted ballots and ballots returned
secured in the vault in City Hall.
~locked i nterior room near the City
Describe the procedures for signature verification:
as undeliverable will be
The verification process
will take place in a
Clerk's office.
Voter information on return affidavit envelopes will be
verified against voter registration records.
Describe the procedur.es to ensure privacy or secrecy of the ballot:
We will be using AIS ballots which fold and create a
secrecy envelope within the return envelope. (S.O.S. 10.7.3.1)
Describe the procedures to reconcile batlots issued, ballots received, defective ballots and
substitute ballots :
Ballot tracking system will generate periodic and
cumulative reports.
Date of Submission: __ 1_1_1...:</ __ 1_9_6 __ --+___,.v
Title: City Clerk
Au9'1st 9 . 1996
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Do not forget to enclose your written timetable
WRITTEN TIMETABLE ATTACHED
2
Exhibit 2
PLACES TO DEPOSIT MAIL BALLOT
Name Address
City of Englewood, City Hall 3400 South Elati Street, Englewood
Tne Kecall Election will be conducted in accordance with the
Colorado Municipal Election Code of 1965 and the Uniform Election
Code of 1992, Article 7.5 (Mail Ballot Elections).
TIMETABLE
For the conduct of a Mail Ballot Election
Please i ndicate dates by which each item will be completed
10/7/96 Written p l an submined to governing body.
(Resolution No. 7 8 Election approved by governing body.
Series of 1996) 10/7 /96
11I2 0 / 9 6 Submission of written plan to Secretary of
State (55 days prior to election)
12/5/96
11/20/96
N/A
12/5/96
12/13/96
Last date for approval by Secretary of
State ( 1 5 days after receipt in Secretary of
State's office.)
Notice of election to County Clerk & Recorder
Notice of election to County Assessor
Registration records ordered by designated
election official from County Clerk and Recorder
(At least 40 days prior to election)
List of electors submitted to election
Qfficial(at least 30)days prior to election) {Preliminary .
12 I 16 I 9 6-5 : 0 0 P · ITC1ose of registration ( 29 days prior)
12 I 2 0 I 9 6-12 I 3 0 I 9 Eisallots mailed (not sooner than 25 days and
no later than 1 5 days prior)
12/20/96
12/24/96
1/2/97
1/6/97
1/14/97
1/21/97
Ballots available at election official 's
office (No sooner than 25 days prior)
Supplemental l ist of electors submitted
(At least 20 days prior)
Notice of election to electorate (at least
10 days prior)
Verification of ballot numbers to pollbook
(may begin at any time during the 10 days
before)
Election day
Canvass dates/certification issued (no later
than 7 days after the election)
Rule 10.3.3.2a
Rule 10.1.2.2
Rule 10.3.3.2b
1-7.5-105(1)
Rule 10.3. 1 .1
Rule 10.3.3.2c
1-7.5-105(2)
Rule 10.3.3.2d
Rule 10.3. ,..3
Rule 10.3.3.2f
Rule _ 10.3. 1 .5
Rule 10.3.3.2g
1-5-303(1)
1-7 .5-107(2)(a)
Rule 10.4.1
Rule 10.4.2
XIX~XX~X 31-10-204
Rule 10.3.3.2h
1-7.5-107(3)(a)
Rule 10.3.3.2i
1-7 .5-107(3)(c)
1-7 .5-107(2}(b)
Rule 10.4.8
~~~~~~x 31-10-501
Rule 10.3.1 .2
Rule 10.3.3.2e
Rule 10. 12.3
Rule 10.3.3.2j
Rule 10.3.3.2k
~XIX-!~X 31-10-1201
Rule 10. 16
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CITY OF ENGLEWOOD
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FILE FILE TYPE
068 MEMOR Y TX
OPTION TEL NO.
7944625
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REMAINING CALL CAPACITY 299 .... 9 ........................................ ~ ....................................................................................................... ~ .......................................................... .
City of Englewood
December 13, 1996
Honorable Donetta Davidson
Arapahoe County Clerk & Recorder
5334 South Prince Street
Littleton, CO 80166
Dear Ms. Davidson,
3400 S. Elati Street
Englewood, Colorado 801 10·2304
Phone (303) 762-2300
(303) 762-2301
FAX (303) 789-1125
Attaehed is a copy of my written plan for conduct of the recall mail ballot election
in Englewood on January 14, 1997, which was approved by the Secretary of
State on November 27, 1996.
Monday, December 16, 1996, is the last day to register to vote for this
election.
-j _i 1•1 __ .&-----·---& -----!'-& ____ J .. _.£. ___ l ~-4 _, __ 1 __ 1 __ .. ! __ 11_ -•--• --••• r
e
llnlfn J. ii1J1al rn & A1lsnriate11f J.Qt.
ATTORNEYS AND COUNSELORS AT LAW
JOHN P . DiFALCO
Loucrishia A. Ellis, CMC\AAE
City Clerk
City of Englewood
3500 S. Elati Street
Englewood, CO 80110
Dear Ms. Ellis:
STUART PROFESSIONAL PARK
1136 EAST STUART STREET , SUITE 4102
FORT COLLINS , COLORADO 80525-1194
December 17, 1996 TELEPHONE (970) 224-2084
FAX (970) 224-9086
This will confirm our telephone conversation on December 5, 1996, and again
today, relative to the wording of the ballot for the recall election involving Council
Member, Rita L. Hathaway.
As you know, the City Charter and state statutes have to be read in conformity
with an underlying objective of fairness to all parties and the citizens of Englewood.
As a Home Rule city , the Englewood City Charter, in matters of local interest,
prevails over any conflicting statutory provisions. In the instant case , the Home Rule
Charter specifies the exact wording on the ballot for any recall elections.
Accordingly, as we have discussed in our several telephone conversations, it is my
view that the specific language of the Charter for the ballot which requires a simple
"yes" or "no" response to the question regarding recall of the Council Member, is
most legally appropriate for the upcoming recall election. In the event Council
Member, Hathaway is recalled, it is my view that under your Charter, a vacancy
would then exist in District 1, which would be filled in accord with the Charter
language regarding the filling of any City Council vacancy.
If you have any further questions regarding this or any other matters relating
to the recall election or any possible upcoming election to fill a vacancy created by
recall, do not hesitate to contact this office.
JPD :jlr