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The art of progress is to preserve order amid change and to preserve change amid order.- Alfred North Whitehead . In light of the MOVE Act, the State of Colorado needs to revise its current elections calendar.. Colorado's Elections Calendarneeds to be changed!. Why is there a need to change Colorado's current elections calendar?.
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1. Recommendation to Adjust Colorado’s Election Calendar Presented to the Best Practices and Vision Commission
September 8, 2010
3. In light of the MOVE Act, the State of Colorado needs to revise its current elections calendar. Colorado’s Elections Calendar
needs to be changed!
4. Why is there a need to change Colorado’s current elections calendar? The MOVE Act
Federal Legislation
Requires ballots be transmitted to uniformed and overseas voters 45 days prior to a Federal election.
5. The MOVE Act
The Military and Overseas Voter Empowerment Act
Passed by Congress on October 22, 2009
Signed into law by President Obama on
Oct. 28, 2009
Significant Provision:
Section 579 mandates a ballot transmittal time of 45 days before a federal election.
Effective beginning with the 2010 General Election.
6. Challenge to Compliance The State of Colorado’s Current Elections Calendar
“Undue Hardship”
7. Response to Challenge:Waiver Request
The Act provides for states to apply for a waiver due to “undue hardship”.
On August 3, 2010, the State of Colorado submitted a request for waiver for the 2010 General Election.
Colorado’s request for waiver was denied by the office of the Under Secretary of Defense.
Reasons for denial:
Colorado’s primary election of August 10, 2010 does not create an undue hardship that prohibits the State from complying with Section 102(a)(8)(A) of the Act;
The State’s comprehensive plan for the General Election does not provide sufficient time for UOCAVA voters to vote and have their ballots counted.
8. Denial of Waiver:Challenges for 2010
How we’ll meet the 45-day deadline:
Many counties will be able to meet the 45-day deadline because they are able to get their ballots printed quickly, many using ballot on demand.
Several counties may struggle to get ballots printed in time; they are placed into a first-come, first-served print queue.
Counties that may not be able to get ballots printed in time, may elect to exercise identified options in order to get ballots out by the deadline:
Counties with ballot on demand solutions have offered to help print ballots for other counties; or
Use vendor proofs to print ballots on regular paper; or
Use Word to create a ballot on regular paper.
9. Denial of Waiver:Challenges for 2010
Additional option:
Colorado is participating in an electronic ballot delivery pilot program through the Federal Voting Assistance Program.
Eight counties will use the tool provided through the program for the 2010 general election.
Military and overseas electors in participating counties will be able to download their ballot online, then mark and print it.
Once the elector has marked and printed their ballot they may choose to return it by mail, fax, or email under current state law.
To access their ballot, the electors will need to enter their name, date of birth, and either driver’s license or last four digits of their social security number.
10. Denial of Waiver:Challenges for 2010
Barriers to meeting the 45-day deadline:
Recounts:
Under current law, the deadline for an interested party to request a recount is the 20th day after election day.
The deadline to complete recounts is the 30th day after election day.
The deadline to certify the 2010 general election ballot was 24 days after the primary election – 6 days before the deadline to complete a recount.
Contests:
An election may be contested in court within 5 days after the grounds for contest have occurred.
Challenges:
Ongoing challenges to candidates and/or ballot issues can delay ballot certification.
Tancredo experience
11. Proposed Solution:Move the state’s Primary Election date up. Outcomes:
Will provide sufficient time for the Secretary of State to certify ballot content.
Will provide county officials sufficient time to create, print and forward overseas ballots in compliance with the MOVE Act.
12. Understanding the Need for Change Key Milestones Leading Up to the Primary Election
Precinct Caucus Day – 1st Tuesday in February or 3rd Tuesday in March. Section 1-3-102 (1)(a)(I), C.R.S.
The first day to circulate major/minor party candidate petitions for the Primary Election. Section 1-4-802 (1)(d)(II), C.R.S.
Last day to file major/minor party candidate petitions for the Primary Election (75 days before the Primary). Sections 1-4-801(5) and 1-4-802(1)(f)(II), C.R.S.
Last day to hold district and state major party assemblies for the Primary Election (70 days before the Primary). Section 1-4-601(1), C.R.S.
Last day a write-in candidate may file an Affidavit of Intent for the Primary Election. Section 1-4-1102(1), C.R.S.
Last day to hold minor party assemblies for the General Election. Section 1-4-1304, C.R.S.
Ballot certification for the Primary Election. Sections 1-4-104.5, 1-5-203(1)(a), and 1-5-203(3)(a), C.R.S.
Last day to notify SOS and submit plan for conducting the Primary Election by mail-in ballot (120 days before an election). Section 1-7.5-105(1.5), C.R.S.
13. Understanding the Need for Change Key Milestones Leading up to the Primary Election: (cont.)
Unaffiliated candidate petition deadline. Section 1-4-802 (f)(1), C.R.S.
Ballots for Primary Election must be printed and in possession. Section 1-5-402(1), C.R.S.
Deadline to send mail/mail-in ballots to overseas electors (MOVE Act 45 days before the election) Sections 1-7.5-107(3) and 1-8-111(1)(b), C.R.S.
Last day to register to vote in the Primary Election. Section 1-2-201(3) and 1-2-209(2), C.R.S.
Last day to change or withdraw affiliation from a major political party. Section 1-2-219, C.R.S.
First day to send mail/mail-in ballots to electors (except for UOCAVA electors) with an active request. Sections 1-7.5-107(3)(a) and 1-8-111(1), C.R.S.
Deadline for the Department of Elections to issue a statement of sufficiency for unaffiliated candidate petitions.
Deadline to open drop-off locations for Primary Elections conducted by mail-in ballot. Section 1-7.5-107(4.3)(b), C.R.S.
14. Understanding the Need for Change Key Milestones Leading up to the Primary Election: (cont.)
Date early voting begins. Section 1-8-202, C.R.S.
First day that walk-in voting locations (service centers) may be opened for Primary Elections conducted by mail-in ballot. Section 1-7.5-107(4.5)(c), C.R.S.
Last day for an unaffiliated candidate to amend a nominating petition. Section 1-4-912. C.R.S.
Last day for a designated election official to notify an unaffiliated candidate of whether the amended nominating petition is sufficient. Section 1-4-912(1), C.R.S.
Primary Election. Section 1-4-101(1), C.R.S
Deadline for County Board of Canvassers to prepare official Abstract of Voters for the Primary Election and deliver a copy to the SOS. Section 1-10-102(1), C.R.S.
Last day for SOS to compile and total the returns order appropriate recounts of Primary Elections. Section 1-10-103(2), C.R.S.
Last day interested parties may request a recount of a Primary Election at their own expense. Section 1-10.5-106(2), C.R.S.
15. Understanding the Need for Change Key Milestones Leading up to the General Election:
Ballot certification for the General Election. Sections 1-5-203(1), 1-5-203(3)(a), C.R.S.
Date early voting for the General Election begins. 1-8-202 C.R.S.
Last day to complete statutory or requested recount of a Primary Election. 1-10.5-102(2) and 1-10.5-103, C.R.S.
Ballots for the General Election must be printed and in possession. Section 1-5-403(1), C.R.S.
Deadline to send mail/mail-in ballots to overseas elections (MOVE Act 45 days). Sections 1-7.5-107(3), 1-8-111(1)(b), and 1-106(5), C.R.S., MOVE Act.
Last day to register to vote for the General Election. Sections 1-2-201(3) and 1-2-209(2), C.R.S.
First day mail-in ballots can be sent to electors with an active request, except for UOCAVA electors. Sections 1-8-111(1) and 1-1-106(4), C.R.S.
Early voting begins for the General Election. Section 1-8-202, C.R.S
16. Understanding the Need for Change Key Milestones Leading up to the General Election: (cont.)
General Election. Sections 1-1-104(17) and 1-4-201, C.R.S.
Deadline for counties to certify results to SOS. Sections 1-10-102 and 1-10-103, C.R.S.
Deadline for the SOS to compile and total returns from the counties. Section 1-10-103, C.R.S.
17. Proposed Revisions to the States Current Elections Calendar Move up the Primary Election date beginning in year 2012 (Primary Election Date 2012: August 14th )
Recommended Date: June 26, 2012
Alternate Dates Evaluated, but not Recommended:
July 10, 2012
July 17, 2012
July 24, 2012
18. Why June 26, 2012?
19. June 26, 2012 Primary Recommendation
20. June 26, 2012 Primary Recommendation
21. June 26, 2012 Primary Recommendation
22. June 26, 2012 Primary Recommendation
23. June 26, 2012 Primary Recommendation
24. June 26, 2012 Primary Recommendation
25. June 26, 2012 Primary Recommendation
26. June 26, 2012 Primary Recommendation
27. June 26, 2012 Primary Recommendation
28. June 26, 2012 Primary Recommendation
29. June 26, 2012 Primary Recommendation
30. June 26, 2012 Primary Recommendation
31. A Calendar View Deadlines under current law
32. A Calendar View Proposed changes
33. A Calendar View Proposed changes