WRITTEN PLAN FOR THE CONDUCT OF THE CHEROKEE METROPOLITAN
DISTRICT MAIL BALLOT RECALL ELECTION TO BE HELD JUNE 4, 2024
1. Contact information for Special District conducting the election:
Name of the Special District (“District”): Cherokee Metropolitan District
Primary contact person: Amy Lathen
Phone: 719-597-5080
Email: ALathen@cherokeemetro.org
Principal Office Address: 6250 Palmer Park Boulevard, Colorado Springs, CO 80915 (District
Office)
2. Date of the Election: June 4, 2024 (“Election”)
3. Type of Election: Special district recall election
4. Citation of the statutes authorizing election: Title 32, Article 1, C.R.S.; Title 1, Article 13.5,
C.R.S. et seq. The District will conduct the Election according to all relevant provisions of the statutes
authorizing the Election.
5. Name and contact information for the Designated Election Official (“DEO”) who will be
responsible for all aspects of the election: Wayne W. Williams, 719-439-1870, District Office and
3472 Research Parkway, Ste. 104-200, Colorado Springs, CO 80920, waynewilliamslaw@comcast.net.
Tasks referring to the DEO may be accomplished through election judges.
6. Eligible electors and timing for mailing ballots: As of March 27, 2024, there were 14, 510
eligible electors registered within the district boundaries with additional eligible electors to be
determined as provided by law.
The DEO has received a list of the registered electors residing within the District from the El
Paso County Clerk (“Clerk”) and a list of the owners of all taxable real and personal property with the
District from the El Paso County Assessor. Such initial lists were received no later than 30 days prior
to the Election (May 5, 2024). The DEO has requested a new list of registered electors once the Clerk
finishes the updates from the Colorado presidential primary, and the supplemental lists will be obtained
received no later than 20 days prior to the Election (May 15, 2024). Sections 1-13.5-203(1),
1-13.5-204(1) and (2), and 1-13.5-1105(2)(a) and (b), C.R.S.
No later than 45 days prior to the Election (April 20, 2024), the DEO will cause to be mailed a
ballot to each active eligible elector residing within the District who is a covered voter, as that term is
defined in Section 1-8.3-102, C.R.S. (UOCAVA). Section 1-13.5-1103(4), C.R.S.
Between 22 and 15 days before the Election (May 13, 2024 to May 20, 2024), the DEO will
cause to be mailed a ballot to each active eligible elector of the District. Section 1-13.5-1105(4)(a),
C.R.S.
7. Ballot Return and Distribution: Total number of drop-off/walk-in locations: 1. The official
place of deposit will be the ballot box in the District office 6250 Palmer Park Boulevard, Colorado
Springs, CO 80915 (“ballot box”). The District office is open during normal business hours (see
below, with any exceptions posted on the District website). The ballot box will be located inside the
initial lobby of the District office, secured to the structure of the District office, and will be 24/7 video
monitored (including recording). District employees will not have access to open or move the ballot
box. Ballots can also be mailed to the District’s DEO at Wayne Williams, Designated Election Official,
Cherokee Metropolitan District, P.O. Box 64560, Colorado Springs, CO 80962-4560.
For election integrity reasons, there will be no unmonitored freestanding drop-off locations.
However, a 24-hour utility payment drop box exists outside the District office. Although this is not an
official place of deposit, experience has shown that some ballots will be deposited in that box. District
staff who discover ballots in the utility payment drop box will promptly deposit those ballots in the
official ballot box.
Because of the June 25 Primary Election, El Paso County drop boxes are not available for use.
The El Paso County Clerk and Recorder will forward ballots received, but if the first pick up is on June
5 as is presently planned, ballots received from the Clerk will not be able to be counted since it will be
impossible to determine if they were deposited before 7 p.m. on Election Day.
The walk-in location to obtain new or replacement ballots and to drop off voted ballots shall be
located at the District’s office 6250 Palmer Park Boulevard, Colorado Springs, CO 80915. This
location will be open from 8 a.m. to 5 p.m., Monday through Friday, beginning 22 days prior to the
Election (May 13), and from 7:00 a.m. to 7:00 p.m. on the day of the Election. Section
1-13.5-1105(4)(d), C.R.S. Since all active voters will be mailed a ballot, it is anticipated that the
number of voters seeking new or replacement ballots will be small. Accordingly, the DEO will appoint
and train a limited number of District staff (anticipated to be limited to Heather Galbraith, Connie
Hughes, and Amy Lathen) rather than hire separate judges for 150+ hours. Prior to issuing a ballot
packet, the staff-judge will obtain the necessary documentation and log the distribution of the ballot on
an inventory prepared by the DEO. All excess ballots will be returned to the DEO.
8. Notice of Election: A notice of the District’s election shall be published one time on before
May 15, 2024 (at least 20 days before the Election, no later than 4/15/24) in the Ranchland News,
which is a legal publication having general circulation in the District. Such notice shall also be posted
in the District Office used by the DEO and sent to the County Clerk and Recorder. Sections
1-13.5-502(1) and (2) and 1-13.5-1105(2)(d), C.R.S.
9. Ballot delivery and processing: The DEO will supervise the distribution and handling of the
ballots and will take the necessary steps to protect the confidentiality of the ballots cast and the
integrity of the election. The DEO shall appoint a sufficient number of election judges to distribute,
handle and count the ballots. The election judges will also take the necessary steps to protect the
confidentiality of the ballots cast and the integrity of the election.
All deposited ballots will be counted as provided by the Election Laws. A mail ballot will be
valid and counted only if it is returned in the return envelope, the self-affirmation on the return
envelope is signed and completed by the eligible elector to whom the ballot was issued and the
information on the return envelope is verified.
If the DEO determines that an eligible elector to whom a replacement ballot has been issued has
voted more than once, the first ballot returned by the elector will be considered the elector’s official
ballot. Any other ballot will be rejected. Any such voter may be referred the 4th Judicial District
Attorney for investigation and/or prosecution.
Ballot envelopes will be date stamped upon receipt. Each day when ballots are received by the
DEO, the ballots will be counted, batched, and the number of ballots received recorded, including those
that were returned as undeliverable. The DEO will maintain a daily log containing the total number of
ballots returned.
10. Description of procedures to be used to ensure ballot security at all stages of the process: The
Ballots or ballot labels will contain the warning set forth in Section 1-13.5-1105(4)(b). The return
envelopes will contain the self-affirmation set forth in Section 1-13.5-605(1). The return envelope will
have a flap covering the signature of the eligible elector. To protect the elector’s privacy, the District
will include a secrecy sleeve, and voting instructions, in the mail ballot packet.
When not being processed, ballots packets will be placed in a safe, secure area under the
supervision of the DEO, election judge or person designated by the DEO. Ballots will not be left
unattended while being processed unless secured. After processing is complete, ballots will be placed
in a safe and secure area. Access to the secure area shall be determined by the DEO.
A replacement ballot may be requested if the ballot was destroyed, spoiled, lost or not received
by the elector. An elector may obtain a ballot if a mail ballot packet was not sent to the elector because
the eligibility of the elector could not be determined at the time the mail ballot packets were mailed.
The elector requesting the new or replacement ballot must complete a sworn statement specifying the
reason for requesting the ballot. A mail ballot packet will not be issued or transmitted to the elector
unless a sworn statement requesting the ballot is received on or before the Election.
11. Counting of the mail ballots: The DEO election judges shall receive and prepare the mail
ballots for counting. The counting may begin no sooner than 15 days before the Election (May 20,
2024). The election judges shall take all precautions necessary to ensure the secrecy of the counting
procedures. No information concerning the count shall be released by the election judges or any
watchers until after 7:00 p.m. on the day of Election. Section 1-13.5-1107, C.R.S. No counting judge
will be an employee of the District or affiliated with a District director, the Recall Committee, or any
candidate on the ballot.
It is anticipated that the DEO will use the Board Room at the District Office for counting. The
District will take necessary security precautions to ensure that no unauthorized individual will have
access to the Board Room, including changing the physical or electronic keying of the room or
otherwise securing the room so that district staff will not have access while ballots are in the room
unless under the supervision of the DEO or his non-employee judges.
Any candidate wishing to appoint a watcher may contact the DEO.
12. Changes to this Plan may be made for good cause and will be promptly posted to
cherokeemetro.org.
Dated this 10th day of April, 2024,
Cherokee Metropolitan District
By: Wayne W. Williams
Name: Wayne W. Williams, DEO
