Special District Elections

1. Special District Elections Presented by Ann Terry Executive Director Special District Association of Colorado www.sdaco.org Ann.terry@sdaco.org 303-863-1733 For Rep. Peniston – April 9, 2011

2. Presentation Objectives • Explain the basics of special district services and governance • Increase citizen understanding of and participation in special district governance, operations, and elections

3. Special District Basics Q: What is a special district? A: A unit of local government that provides services to the public.

4. Basics Examples of services provided by special districts: • fire protection; • sewage treatment; • water; • parks and recreational facilities and programs; • street lights and traffic signals; • hospitals, nursing homes, and health clinics; • ambulance transport and EMS; • mosquito control; • trash collection and disposal.

5. Basics • “Metropolitan districts” – formed to provide two or more services. (It has nothing to do with location in a metropolitan area.) • Often used for developing residential and/or commercial properties to eliminate need to form multiple, overlapping, single-service districts. (For example, water delivery + sanitation treatment + streets = metro district) • Example - the community of Highlands Ranch is a metropolitan district, nota city!

6. Basics Size of Special Districts and Boundaries • Special districts can encompass single developments/neighborhoods or span large areas and multiple communities. • Special district boundaries may overlap city and county boundaries.

7. Basics Do I live in any special districts? • Check your property tax bill. • Check your utility bills.

8. Basics Select Districts in Arvada/Westminster Area: • Hyland Hills Park and Recreation District – operators of Water World • Apex Park and Recreation District • Arvada Fire Protection District • Berkeley Water and Sanitation District • Clear Creek Valley Water and Sanitation District • Ralston Valley Water and Sanitation District

9. Funding District revenues most typically come from: • Property taxes assessed against the property in the district boundaries; • Fees and Rates charged for the services provided; • Grants from state, federal or private sources.

10. Governance Governed by a Board of Directors • usually five members on the Board, but some districts have seven board members. • Board Members are elected by the “eligible electors” of the District. (More on “eligible electors” in a minute.)

11. Governance Terms • Directors serve 4-year terms. • Special District Directors are subject to constitutional term limits, unless the voters of the District have voted to modify or eliminate term limits.

12. Governance Term Limits • Term limits, simply put, are two consecutive, full terms. That is: 4 years + 4 years = 8 years (However, there are exceptions for partial terms, appointments to fill vacancies on the Board, etc.)

13. Special District Elections • Regular Elections • Special Elections

14. Regular Elections • Regular special district elections are held in May of even-numbered years. (Since at least 1981.) • Held on Tuesdays, the day after the first Monday of May.

15. Regular Election Dates May 2010 May 2012

16. Regular Elections • Held primarily for the purpose of electing members to the Board of Directors of the district. • Four-year terms are staggered so that some directors serve terms lasting from: May 2008- May 2012-May 2016 while other directors serve terms lasting from: May 2010-May 2014-May 2018

17. Special District Elections Eligible Electors • Who is eligible to vote?

18. Eligible Elector Test • Registered to vote in the State of Colorado? AND “Yes” to B. or C. • Resident in the district for at least 30 days prior to the election? OR • Owner of taxable real or personal property located within the district’s boundaries? (The owner’s spouse also qualifies as an “owner” if the title to the property lists only one-half of the married couple.) (Hint: Must be a natural person to be able to answer “Yes” to Question A.)

19. Eligible Electors Examples: • Married couple with 18-year-old son living at home. (Title to home lists wife’s name only). (=3) • Owners of business located in the district (Title to property held in the name of the corporation, LLC, partnership, etc.) (=0) • Married couple living in house. House owned by marital trust. (=2, on basis of residency, not property ownership) • Multi-family apartment building. (= tenants + landlord) • Owner of resort/vacation home located in district who lives full-time out-of-state. (=0, not registered to vote in Colorado) • Owner of resort/vacation home located in district who lives full-time in Denver-metro area. (=1)

20. Eligible Electors • Election judges determine eligibility by using: • registered voter list from the County Clerk and Recorder’s Office and • list of property owners from the County Assessor’s Office

21. Director Candidates • Would you like to serve as a Special District Director?

22. Director Nominations Nominations for Director Candidates • Call for Nominations published in paper one time 75-90 days before election • Eligible electors nominate themselves to become a candidate • Self-nominations due back to district by 67 days before election • Cancel Election if fewer nominations received than seats open on the board (and no other election questions being asked on the ballot). Nominated candidates considered “elected” by acclamation. Saves money.

23. Format of Election • Polling Place or • Mail Ballot • Special District Elections follow the Uniform Election Code in Title 1 of the Colorado Revised Statutes

24. Polling Place Elections • voters go to physical location to cast ballots • at least one polling place required, preferably within the district • polling place may be outside district if more convenient for eligible electors • at public locations, whenever possible • district facilities acceptable as polling locations (for example, district fire station) • mail-in (absentee) ballots available upon request by voter unable or not wanting to come to a polling location

25. Mail Ballot Elections • ballots printed and mailed to all eligible electors • return ballot to district via mail or at “drop-off” location • mail-in (absentee) ballot requests inapplicable because all electors vote by mail • voting packet mailed to electors at least 18 days before election (packet includes ballot, voting instructions, secrecy sleeve, return envelope, etc.) • voter pays own return postage • higher printing and mailing costs to District than polling place election

26. Permanent Mail-in Voting (“PMIV”) • only applicable to statewide and countywide elections (with metro district exception described below) • must request mail-in (absentee) ballot from local jurisdictions separately • certain metropolitan districts must send a mail-in ballot to everyone on county’s PMIV list within the district’s boundaries, with exception for failure to return ballot in previous district elections

27. Election Notification • Board adopt resolution calling election – open meeting, recorded in minutes from meeting • Call for nominations • Names of candidates provided to Secretary of State’s Office • Published Notice • Posted Notice • Postcards • Website • Polling Place Notice • TABOR Notice, if applicable

28. Published Notice Published Notice of Election – as per Uniform Election Code • Publish in newspaper of general circulation in the district • At least 10 days prior to polling place election • At least 20 days prior to mail ballot election • Also post notice in office of designated election official (“DEO”) at least 10 days prior to the election • Newspaper publication antiquated? – Website posting, Facebook, Twitter, mass e-mails, etc. are optional, but not recognized by Colorado statute

29. Voter Postcard Voter Postcard • Optional • Mail to households of district electors • At least 15 days prior to election • Adds to costs of election for printing and postage

30. Website Notice Website notice • If submit ballot issue concerning creation of debt or other financial obligation • Not regular director elections • at least 20 days before election • at district main office, if no website

31. Polling Place Notice Polling Place Notice • Signs of upcoming election posted at polling places at least 12 days in advance

32. TABOR Notice TABOR Notice if ask “ballot issue” (raise taxes or issue debt (bonds)) • TABOR Notice includes certain financial data/information and pro/con statements about ballot issue • mailed to each household with active registered voters at least 30 days before the election

33. TABOR Elections • TABOR elections for special districts may only occur in May (even-numbered) or November (even- or odd-numbered). (Exception when a new special district is being formed.) • TABOR election must either: (i) be part of a coordinated election administered by the County Clerk and Recorder OR (ii) be an all mail ballot election run by the district.

34. Voting Equipment • Paper ballots – hand counted, most common in smaller districts • Ballot counting machines or voting machines at polling places may be rented for larger elections • ADA-compliant equipment not legally required at special district polling places. Persons with disabilities may wish to request a mail-in ballot that they can mark at home and return to the district by mail or drop-off.

35. Election Results • Unofficial results tallied and posted at polling place immediately following election • Official canvass of results within 17 days after election • Official results certified by district to Division of Local Government • Posting election results on district website (if any) - optional • Official results of special district elections posted on website for Colorado Secretary of State http://www.sos.state.co.us/pubs/elections/main.html

36. Election Results

37. Fair Campaign Practices Act (“FCPA”) Campaigning and FCPA Rules(simplified) • Applicable to special district elections • Restrict expending public money on candidates or ballot issue campaigns • District prohibited from advocating a “Yes” or “No” vote • District can’t campaign for board candidates • Governmental entities (districts) may use public money to prepare and dispense fair and balanced information – factual, present both sides • Ok for district board members and employees to spend own money and speak out on own time • Candidates for board positions must comply with campaign reporting requirements if spend above $20 threshold • Special district board seats not generally glamorous enough to warrant running a campaign • Must form issues committees to promote new fire station, rec center, etc.

38. Combining Multiple Elections/Ballots • Coordinated elections by county clerks typically only in November • Tricky to combine - must have coterminous boundaries and same electors • Political subdivisions run own independent elections • Numerous ballot styles • Voter fatigue - Coordinated elections can result in very long ballots • Special districts issues listed last on coordinated ballot

39. Special Elections • District may hold special elections in other specified months during the year for other sorts of ballot questions

40. Special Elections • Boundary changes: • Include additional property into district boundaries • Exclude certain property from district boundaries • Consolidate (merge) with another district • Elections to form new districts (Organizational Elections) • Recall Elections

41. Getting Involved Getting Involved in your special district • Attend Board Meetings • Notices posted at least 72 hours prior to every meeting in 3 public places within the district and at the County Clerk and Recorder’s Office • Run for a Director position • Must be an Eligible Elector of the District • Volunteer to serve as an election judge • Training required and provided by DEO

42. More Information Want More Information? • Many District “Transparency Notices” on SDA website (www.sdaco.org) on “Resources” Page.

43. Transparency Notices Notice Contents: • District contact info • Board meeting schedule • Mill levy • Property tax revenues • Board member names • Election info

44. Transparency Notices Legal Methods to Provide Notice: • SDA website (www.sdaco.org) • District website • Billing Insert • Newsletter • Mailing to electors

45. Search Transparency Notices

46. Search for District

47. Alphabetical Listing

48. Transparency Notice

49. Questions? Special District Association • Call at 303-863-1733 • E-mail to sda@sdaco.org