It has failed to meet the July 24 deadline to submit notice for participation in the November election as required by state statute.
So, whether Colorado Springs issues will be included on the ballot depends on whether County Clerk and Recorder Bob Balink will let the city flaunt the statutes.
Balink is not happy with the city.
“The state statute is clear, and the city, by delaying, is forcing us to ignore these statutes when everybody else has complied,” he said. “There’s a deadline for everyone who wants to participate, and he city has not complied with these deadlines.”
Below is a letter sent yesterday to city clerk Kathryn Young from county election manager Liz Olson.
In mid July our office made contact with both you and Cindy Conway to get a definitive answer as to whether the City of Colorado Springs had taken formal action, or would take formal action, by the statutorily required deadline of July 24, 2009 to participate in the November Coordinated Election. This office received the 100 day written notice from you on June 29, however, the written notice indicated that as of June 26, 2009 it was unknown if the Colorado Springs City Council would have any referred measures. You also indicated that there were citizen petitions being circulated.
Based on the fact that as of today’s date, the office of the El Paso County Clerk & Recorder has not received notification in writing as required by 1-7-116 (5). C.R.S. that the City of Colorado Springs has taken formal action to participate in the November 3, 2009 Coordinated Election, we are proceeding with the process of conducting the Election and are notifying the other twenty participating jurisdictions through the Intergovernmental Agreements of their estimated election costs, without participation by the City of Colorado Springs.”
Does this mean that the city, by missing the cutoff date, is barred from participating?
“The Secretary of State says that it’s up to me to decide,” Balink said. “But we absolutely have to have the signed IGA (intergovernmental agreement) by Aug. 25.”
He said the city’s tardiness makes it hard to tally the cost for other 20 or so participating entities.
Balink said Young has promised to file formal, written confirmation to Balink’s office by Friday morning.