Suggested UOCAVA Procedure As It Relates to Title 32, Article 1 Special Districts

Suggested UOCAVA procedure as it relates to Title 32, Article 1 Special Districts

For the May 2014 Regular Election

For a Polling Place or a Mail Ballot that does not cancel, these are steps to follow for the new UOCAVA requirements. These steps are a combination of the steps in the Uniform Election Code and the Secretary of State’s Election Rule 16, neither of which has been revised for special district use, but it appears that substantial compliance with their terms would be sufficient to comply with the state mandate. The statutes and rules are subject to interpretation, and districts are encouraged to consult with their own attorneys when questions arise.

(“UOCAVA” stands for Uniform and Overseas Absentee Voter Act)

a)  Obtain Voter Registration List from County Clerk (for each county that the district overlaps)

1.  This registration list should show the UOCAVA covered voters who are district residents and registered to vote as of the date of the list. (Some counties may provide a separate UOCAVA list).

2.  Obtain delivery instructions for each covered voter from the county clerk or from the Secretary of State’s office. (The covered voter can ask to receive mail, e-mail, or faxed ballots.)

3.  DEO should arrange with county clerk to obtain updates to the registration list up to 45 days prior to the election. (The district will need later lists for mailing ballots or polling place use).

4.  It is OK (if possible) for this registration list to only show UOCAVA covered voters.

b)  Obtain the real and personal property owners list from the county assessor (for each county).

1.  Delete corporate, LLC, trust, and other non-natural persons from the assessor’s list.

2.  Delete the persons from the list who are also on the county clerk’s registration list.

3.  Delete the persons from the assessor’s list who have an out-of-state address.

4.  For those who remain, depending on the county in which the person resides, call, e-mail, or check the records of the county clerk in that county or the Secretary of State UOCAVA information to see if the person is a UOCAVA covered voter. Delete all who are not covered voters.

5.  Obtain delivery instructions for each covered voter from the voter’s applicable county clerk (as above).

c)  Combine the list in (a) with the list in (b). Eliminate duplicate persons from the list so each person receives only one ballot. Practical tip: for a mail ballot election, do not mail a ballot to both the UOCAVA address and the person’s “home” address.

d)  (Probably simultaneously with the above, if any covered voter has requested an e-mail or fax ballot), DEO prepares the electronic UOCAVA ballot packet, in text format, 8-1/2 X 11, white paper, consisting of:

1.  An electronic transmission cover sheet to protect voter privacy,

2.  The unvoted ballot,

3.  Electronic transmission ballot instructions, including:

A.  The DEO’s contact information, with mailing address, e-mail address, phone, fax number;

B.  Notice that ballot may not be duplicated for another elector;

C.  Instructions to complete and return the ballot;

D.  Notice of ballot return deadline;

E.  Information on how an elector can verify that the DEO received the ballot;

F.  Any other necessary information.

4.  The SPECIAL UOCAVA self-affirmation (See C.R.S. §1-8.3-114 and Rule 16.2.3 and attached).

e)  (Probably simultaneously with the above, if a covered voter has not requested an electronic or a faxed ballot), the DEO prepares a mail ballot packet consisting of:

1.  A “supply envelope” that is used to send the following:

2.  A secrecy envelope or sleeve;

3.  The unvoted ballot;

4.  Instructions;

5.  A return envelope (with the SPECIAL UOCAVA self-affirmation and attached and a flap covering the voter signature).

f)  The DEO prepares a log of each ballot sent electronically (see Rule 16.2.5). The DEO would also maintain a pollbook of UOCAVA mail ballots (which might be part of the larger pollbook for the whole election).

g)  On or before 45 days before the election, the UOCAVA ballots are sent to any covered voter who requested them prior to that date. There is no requirement to send them on the same day.

h)  On or before 45 days before the election, the DEO (or Board) should appoint at least two election judges (and provide training) to receive any UOCAVA ballots that will be returned by e-mail or fax. These judges would take the oath (requiring them to maintain the confidentiality of the votes) and would be given the job of duplicating UOCAVA ballots returned electronically onto regular ballots for the election and casting those ballots to preserve the confidentiality of the UOCAVA voter. The judges would also help the DEO update the pollbook. Duplicating judges may also serve as the regular election judges.

i)  UOCAVA applications may be received up to the Friday before the election, and ballot packets are to be sent within 72 hours of receipt of the request. (The DEO would verify eligibility before sending the ballot packets).

j)  The voter is to submit the ballot prior to 7 p.m. on election day. (Submission includes putting it in the mail).

k)  If there are fewer than 10 UOCAVA ballots that have not been returned by 7 p.m. on election day, the election judges are to not count 10 previously received ballots to allow the UOCAVA ballots that arrive late to be counted with those 10 ballots to maintain voter secrecy.

l)  A UOCAVA ballot is counted if it is received up to 8 days after the election and it includes an affidavit from the voter that shows timely submittal (prior to 7 p.m. on election day, see j above).

m)  UOCAVA ballots that are received electronically are to be duplicated by “duplicating judges” onto paper prior to counting.

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