Boulder County ERC Bylaws

OPERATING BYLAWS OF THE

BOULDER COUNTY ELECTION REVIEW COMMITTEE

1. MISSION. The mission of the Boulder County 2004 Election Review Committee is to identify the causes for the delay in receiving the final count of votes in the November 2, 2004 general presidential election and to determine what actions need to be taken or measures implemented to avoid such delays in the future.

2. OFFICERS. The Chair of the Committee shall be appointed by the Boulder County Board of County Commissioners and the Boulder County Clerk and Recorder. The Committee shall elect from its members a Vice Chair and appoint a Recording Secretary who may or may not be a member of the Committee.

3. MEETINGS. The Committee shall meet at such times and places as it may designate and determine to be necessary to complete its mission. Unless modified by the majority vote of the Committee for good cause shown, the Committee shall meet every Friday at 1:00 o’clock PM. until such time as it completes its mission.

3.1 All meetings of the Committee shall be public meetings under the Colorado Open Meetings Law, Section 24-6-401, et seq., C.R.S.

3.2 Appropriate public notice shall be given of all meetings, including the specific date, time and place of each meeting. Notice shall be given in the same manner as notice is given for other Boulder County permanent standing committees.

3.3 Agendas of each meeting shall be publicly posted no later than 24 hours before each meeting.

3.4 Each agenda shall include an agenda item for public input on any issue that is directly related to the Committee’s mission. Each speaker shall be limited to 3 minutes of public input on any agenda or non-agenda item.

3.5 The Recording Secretary shall cause accurate minutes to be made of each meeting. The minutes of the previous meeting shall be presented for approval at the next meeting of the Committee.

3.6 A quorum for conducting business shall be 5 members.

3.7 Committee members must be present to participate in the meeting. Participation by telephone or video conferencing shall not be permitted.

3.8 All formal action of the Committee shall be taken by a formal motion that is duly seconded and passed by a majority of the quorum present. Voting shall be by voice vote (with members verbally stating yes or no, or “none of the above”) unless any member requests a roll-call vote.

3.9 If any member of the Committee is absent from two consecutive meetings without being excused by the Committee, the Committee shall report such absences to the Board of Commissioners and the Clerk and Recorder with or without a recommendation that the member be removed from the Committee.

4. BUDGET. The Board of County Commissioners will establish a working budget for the Committee to complete its mission. The Committee shall not exceed such budget without the express prior approval of the Board of County Commissioners.

5. INVESTIGATORY PROCEDURES. The Committee may conduct such investigation and fact-finding as it deems necessary using the following procedures:

5.1 All testimony before the Committee shall be voluntary and at the invitation of the Committee. Testimony may be sworn at the discretion of the Committee. The Committee shall not have subpoena powers to compel the attendance of witnesses.

5.2 The Committee may adjourn its meeting for purposes of visiting the Clerk and Recorder’s election offices and such other sites outside of its regular meeting location as the Committee may deem necessary to conduct its investigation.

5.3 All documentary evidence introduced by any witness and accepted by the Committee, and any documentary evidence that is presented to or by the Committee and admitted, shall be numerically labeled in consecutive order by the Recording Secretary and made a part of the official record of the Committee.

5.4 All exhibits or documentary evidence submitted by the public for acceptance by the Committee shall be submitted at least 24 hours in advance of a Committee meeting.

5.5 In addition to the above procedures, the Committee may utilize such measures or actions as the Committee may deem necessary to complete its mission.

6. AMENDMENT. These Bylaws, and any individual provisions herein, may be amended by the Committee upon the majority vote at any regular meeting.

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