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How does a district inform the electorate of the election and inform voters how to become candidates if interested (What is the Call for Nominations)?
The election announcement required before the cancellation deadline is the Call for Nominations. As directed by SB21-262, special districts are now required to provide at least two types of notices sometime 75 to 100 days before the regular election date (generally late-January to mid/late-February).
Note: Metropolitan districts created after January 1, 2000, have differing notice requirements compared to all other special districts.
The tricky part is notifying the Clerk & Recorder that a list of all district electors registered as of 150 days before the election, e.g., up to 75 days before the Call for Nominations are sent.
Between 75 to 100 days prior to the elections these metropolitan districts must:
- Email the Call for Nominations notice to all email addresses or mailing addresses (if no email address is given) found in the Clerk & Recorder list(s) of district electors registered as of 150 days prior to the election.
and one of the following
I. Provide notice by publication, as defined at Section 1-13.5-501(2)
II. Including the notice as a prominent part of a newsletter, annual report, billing insert, billing statement, letter, voter information card or other notice of election, or other information mailing sent by the metropolitan district to the eligible electors of the metropolitan district
III. Posting the information on the official website of the official website of the metropolitan district (Required starting in 2023)
IV. For districts with < than 1,000 eligible electors in a county with a population of less than 30,000, posting the notice in 3 places within district boundaries and the clerk & recorder's office through the day the after the Call for Nominations closes.
C.R.S. Section 1-13.5-501(1.7)
All other special district types and metropolitan districts organized before January 1, 2000.
Between 75 to 100 days prior to the elections these districts must:
- Provide notice by publication, as defined at Section 1-13.5-501(2)
and one of the following
- a. Mail the notice, at the lowest cost option, to each address at which one or more active registered electors of the local government resides as specified in the registration list provided by the county clerk and recorder as of the date that is 150 days prior to the date of the regular local government election (similar to >1/1/2000 metropolitan districts, but this is optional and by mail only).
b. including the notice as a prominent part of a newsletter, annual report, billing insert, billing statement, letter, voter information card or other notice of election, or other information mailing sent by the metropolitan district to the eligible electors of the metropolitan district
c. posting the information on the official website of the district
d. for districts with < than 1,000 eligible electors in a county with a population of less than 30,000, posting the notice in 3 places within district boundaries and the clerk & recorder's office through the day after the Call for Nominations closes.
C.R.S. Section 1-13.5-501(1.5)
Between seventy-five and one hundred days before a regular local government election, the designated election official shall provide public notice of a call for nominations for the election. The call must state the director offices to be voted upon at the election, where a self-nomination and acceptance form or letter may be obtained, the deadline for submitting the self-nomination and acceptance form or letter to the designated election official, and information on obtaining an absentee ballot.
C.R.S. Section 1-13.5-501(1)
Call for Nominations: SD-6
What is the new requirement for metropolitan districts formed after January 1, 2000, starting January 1, 2023?
Metropolitan districts organized after January 1, 2000, must post a number of new items on their website by January 1, 2023 (except “inactive status” districts and those unauthorized to collect a mill levy.). Most relevant to this FAQ document are the following requirements:
- Call for Nominations posted prior to regular elections
- Directors and terms to be posted
- Election documents to be posted
Note that posting the Call for Nominations to a website is an option for this type of metropolitan district, thus it is likely to be the option exercised for the secondary notice starting in 2023.
32-1-104.5(3)(a)(I),(VI)
What is the Notice to Electors (aka Transparency Notice)?
This is an annual filing that contains the district’s contact information. It also includes important election information including:
- the date of the next regular election,
- names of directors up for election (includes director terms),
- how and when to submit a self-nomination form
- how to apply for permanent absentee voter status
- URL where election results will be posted
C.R.S. Section 32-1-809
What is the Notice of Election?
A publication for competitive elections that are held (not cancelled), which is posted at least 20 days prior to the election date.
(1) The designated election official, at least twenty days before each local government election, shall give written notice of the election stating the date of the election and the location and hours during which the polls will be open; the date ballots have or may be mailed if the election is conducted by mail ballot; mail ballot drop-off locations; names of the officers to be elected and any ballot issues and ballot questions to be voted upon; and the names of those candidates whose nominations have been certified to the designated election official, which listing must be as nearly as possible in the form in which such nominations will appear upon the official ballot. For an independent mail ballot election, the notice does not need to include the text of the ballot issues or ballot questions. A copy of the notice must be posted until after the election in a conspicuous place in the office of the designated election official. A copy of the notice must be mailed or sent via electronic mail to the county clerk and recorder.
(2) In addition, the notice required by this section must be published in at least one newspaper having general circulation in the local government on or before the twentieth day before election day.
C.R.S. Section 1-13.5-502
How is “publication” defined?
Publication means printing one time, in one newspaper of general circulation in the special district if there is such a newspaper, and, if not, then in a newspaper in the county in which the special district is located. For a special district with territory within more than one county, if publication cannot be made in one newspaper of general circulation in the special district, then one publication is required in a newspaper in each county in which the special district is located and in which the special district also has 50 or more eligible electors.
C.R.S. Section 1-13.5-501(2)
How are polling places established?
The governing body of each local government, or designated election official, shall divide the jurisdiction into as many precincts for local government elections as it deems expedient for the convenience of electors and shall designate the location and address for each polling place at which elections are held.
C.R.S. Section 1-13.5-504(2)
Must an election be held within the district boundaries?
The statute states polling place locations should be “expedient for the convenience of the electors of the local governments”, but there’s nothing specifically prohibiting the polling place being outside the district boundaries.
If for whatever reason district electors are unhappy with the choice, the DEO shall change the location of the polling place upon petition of the majority of the registered electors residing within the district (very unlikely).
C.R.S. Section 1-13.5-504(2) and (4)
Can polling places be in private locations?
The polling locations or drop-off location shall be in public locations wherever possible. A private location may be used only when no appropriate public location is available.
C.R.S. Section 1-5-105(3)
What provisions must be made for disabled electors?
Each polling place or walk-in site shall be accessible to persons with disabilities, pursuant to the Help America Vote Act.
Note: Americans with Disabilities Act (ADA) standards also apply.
C.R.S. Section 1-13.5-504.5(1)
What are the requirements for polling place signs?
Polling locations must be designated by a sign conspicuously posted at least twenty (20) days before each election. The sign shall be substantially in the following form: “Polling place for (name of local government).” The lettering on the sign and the polling place number shall be black on a white background.
C.R.S. Section 1-13.5-502(3)
The letters and numerals of the title shall be at least four inches (4”) in height. In addition, the sign shall state the hours the polling place will be open.
C.R.S. Section 1-5-106
Polling Place Sign: SD-37.1
A no-electioneering zone must also be demarcated
No electioneering may occur within 100’ feet of an area where voting takes place.
C.R.S. Section 1-13-714, Section1-5-504.5(1)(b)
No open carry allowed with in 100’
It is unlawful for any person to openly carry a firearm, as defined in section 18-1-901 (3)(h), within any polling location, or within one hundred feet of a drop box or any building in which a polling location is located, as publicly posted by the designated election official, on the day of any election or during the time when voting is permitted for any election. The designated election official responsible for any central count facility, polling location, or drop box involved in that election cycle shall visibly place a sign notifying persons of the one-hundred-foot no open carry zone for firearms required pursuant to this section.
C.R.S. Section 1-13-724
No electioneering + no open carry sign: SD-37.2
Notice that it is unlawful to threaten an election official (not required)
It is unlawful for any person to, whether verbally, written, or in person to threaten, coerce, or intimidate an election official with the intent to impede or interfere with the official while engaged in official duties or retaliate against the official on account of the official’s performance of the official’s duties.
C.R.S. Section 1-13-701
How are ballot questions and issues identified on the ballot?
District Board members refer questions and issues to the voters. A ballot question does not involve financial matters, whereas a ballot issue does involve financial matters and must follow TABOR requirements. These appear after candidate names in a regular election. In coordinated elections these will generally be found near the bottom of the ballot.
May eligible electors of a special district initiate a ballot issue or question?
No. Petitioning the board is possible to start the process of inclusion, exclusion, recall, etc., but the initiative process available to state, municipal, and county government electors to pose a ballot issue or question to voters is not available to eligible electors of special districts.
How should the ballot be ordered?
- Candidate Names
- Issues to increase taxes
- Issues to increase debt
- Other referred measures
C.R.S. Section 1-13.5-902(7)
Sample ballot: SD-35 (PP/A), SD-42.1 (MB)
How is the order of candidate names on the ballot determined?
By lot. (i.e, drawing straws, putting all the names in a hat and having them drawn out by the DEO)
The names must be arranged by lot at any time prior to the certification of the ballot (no later than 60 days before the election). The DEO shall notify the candidates of the time and place of the lot drawing.
The drawing shall be performed by the designated election official or a designee.
C.R.S. Section 1-13.5-902(2)1-5-406
Are nicknames allowed on the ballot for candidate names?
Yes. Each candidate may include one nickname if the candidate regularly uses the nickname and the nickname does not contain any part of a political party name.
C.R.S. Section 1-13.5-902(5)
Are titles (professional, etc.) allowed on the ballot with candidate names?
No. Any title or degree designating the business or profession of the candidate shall not be printed on the ballot.
C.R.S. Section 1-13.5-902(5)
What is the deadline for the printing of ballots?
30 days prior to the election.
The DEO of each local government using paper ballots shall provide printed ballots for the local government election. The official ballot shall be printed and in the possession of the designated election official at least 30 days before the election.
However, this is somewhat skewed by the fact that UOCAVA ballots are sent 45 days in advance. Because of this, while the deadline is 30 days, the de facto deadline to have at least some ballots printed is much earlier.
C.R.S. Section 1-13.5-902(1), 1-8.3-110(1)
What is ballot certification and when does it occur?
The DEO must certify the ballot content no later than 60 days prior to the election. At that time, the assumption should be made that the ballot is set in stone and may be printed once certified.
C.R.S. Section 1-13.5-511
Ballot Certification: SD-22
In a coordinated election, a special district DEO will certify to the county clerk and recorder that the language of the ballot is final and ready for printing. If a district is conducting an election independent of the clerk, then the DEO is certifying the ballot contents to the special district.
Once a ballot is officially certified for an independent election, the political subdivision should contract with a print vendor and have the ballot packets printed. Take into consideration that UOCAVA ballots are sent at 45 days prior to the election date.
Note: The form of paper ballots for polling place elections is described in detail in section 1-13.5-902(8)(a). The ballot must have perforated stubs and have a facsimile signature of the DEO. It may be difficult to find a printer who has experience printing ballots and associated forms such as the absentee or mail ballot, secrecy sleeves, and outgoing/return envelopes.
If you are having difficulty finding an appropriate printer, DLG recommends contacting your local county Clerk & Recorder or a local special district that frequently conducts elections.
HB16-1442 clarified that a duplicate tab is not required for a ballot that is prepared for an independent mail ballot election under the Code. C.R.S. Section 1-13.5-902(8)(b).
What if a technical revision to ballot content occurs prior to printing the ballots (in an independent election)?
The DEO may recertify the ballot if…there are technical revisions to a ballot issue or ballot question prior to the ballots being printed.
Note: This revision ability may not be applicable in coordinated elections.
C.R.S. Section 1-13.5-511(2)(b)
Under what conditions must the ballot and election materials be written in a language other than English?
The Federal Voting Rights Act (The Act) codifies the 15th Amendment of the United States Constitution guaranteeing that no person shall be denied the right to vote on account of race or color. In addition, the Act contains several special provisions that impose stringent requirements on “covered” jurisdictions in certain areas of the country.
Section 203 of the Federal Voting Rights Act mandates that a state or political subdivision must provide language assistance to voters if more than 5 percent of the voting-age citizens are members of a single-language minority group who do not “speak or understand English adequately enough to participate in the electoral process” and if the rate of those citizens who have not completed the fifth grade is higher than the national rate of voting age citizens who have not completed the fifth grade.
A political subdivision is also covered if more than 10,000 members of the voting age citizens are members of a single-language minority group (in addition to the education rules).
The Census Bureau Director has the responsibility to determine which states and political subdivisions are subject to the minority language assistance provisions of Section 203. Current census data is used to identify the geographic areas impacted. The determination of the director is published in the Federal Register.
In December 2021, the Census Bureau released its official findings for Colorado based on 5-year American Community Survey estimates, enhanced with 2010 Census data. The following Colorado Counties must have ballots in an additional language:
- Adams (Spanish)
- Alamosa (Spanish)
- Conejos (Spanish)
- Costilla (Spanish)
- Denver (Spanish)
- La Plata (Ute)
- Montezuma (Ute)
- Saguache(Spanish)
Federal Voting Rights Act; Census Bureau
Note: HB21-1101, expansion of Multilingual Ballot Access appears to affect elections conducted by county clerk & recorders only. See Section 1-5-901 et. Seq.