HomeMy WebLinkAboutAgenda - Full - Election Code Committee - 01/13/2023 -NOTICE:
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Fort Collins City Council
Election Code Committee Agenda
Special Meeting
12 p.m., Friday, January 13, 2023
CIC Conference Room at City Hall, 300 Laporte Ave, Fort Collins, CO 80521
Zoom Webinar link: https://fcgov.zoom.us/j/93910757534
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Committee Members: Tricia Canonico, District 3, Chair
Jeni Arndt, Mayor, Vice-Chair
Kelly Ohlson, District 5
Julie Pignataro, District 2, alternate
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2021-2022
Main Topics of Discussion in Priority Order
1) Redistricting
2) Campaign Finance Provisions
3) November Elections
4) RCV
5) Public Financing of Elections
6) Election Oversight Board
7) Partisan/Non-Partisan Elections
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1/13/2023 – Agenda Page 1
Agenda
Election Code Committee
January 13, 2023 – 12:00 PM
CIC Conference Room, City Hall, 300 Laporte Ave and via Zoom at
https://fcgov.zoom.us/j/93910757534
Remote Participation Available
A) Call Meeting to Order
B) Roll Call
C) Public Participation
D) Public Participation Follow-up
E) Discussion / Informational Items
1. Planning for Transitioning to November Elections.
At this stage, staff has begun the process of evaluating what work will be necessary as a result
of the approved Charter changes. There are potential Code changes to be considered, including
to candidate filing timelines, that will need Council action. Some of these actions have a
dependency on finalizing plans for either conducting a coordinated election in November with
Larimer County or pursuing the City conducting its own election. This is a critical initial decision
point.
2. Planning Future Work for the Election Code Committee on Committee Priorities and
Other Election Topics.
The Election Code Committee began its work in the current term following the April 2021
Municipal Election. At its last meeting prior to the November special election that included three
City ballot questions, the Committee agreed to reconvene after that election to plan for any
necessary additional work.
In its discussions at the December 2022 committee meeting, members reviewed the original
priorities that had been identified at the outset of the current term:
1. Redistricting
2. Campaign Finance Provisions
3. November Elections
4. RCV
5. Public Financing of Elections
6. Election Oversight Board
7. Partisan/Non-Partisan Elections
Substantial work has occurred on the first four priorities during the first 18 months of the
committee’s current term. Committee members identified an interest in exploring further action
on the public financing of elections priority. There is also an outstanding need to do some
additional work on ongoing provisions relating to redistricting based on how that process
occurred in 2022. There is an opportunity for the Committee to provide guidance to staff in
laying out expectations for some potential paths for work in these areas to continue.
- Page 1 -
1/13/2023 – Agenda Page 2
Before the Committee concludes its work for the current term, staff is looking to ensure an
understanding of any other scopes of work that are of interest. This includes additional code
changes as well as potential ballot questions, particularly Charter amendments, there is interest
in having staff work on to be ready for a future election.
F) Review of Upcoming Calendar
G) Other Business
H) Adjournment
Next Scheduled Committee Meeting: 12:00 PM, February 17, 2022
Upon request, the City of Fort Collins will provide language access services for individuals who have limited
English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services,
programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for
assistance. Please provide advance notice. Requests for interpretation at a meeting should be made by
noon the day before.
A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no
dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que
puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al
970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione aviso previo cuando
sea posible. Las solicitudes de interpretación en una reunión deben realizarse antes del mediodía del
día anterior.
- Page 2 -
Council Committee Agenda Item Summary – City of Fort Collins Page 1 of 5
January 13, 2023
AGENDA ITEM SUMMARY
Election Code Committee
STAFF
Anissa Hollingshead, City Clerk
Rita Knoll, Chief Deputy City Clerk
SUBJECT
Planning for Transitioning to November Elections.
EXECUTIVE SUMMARY
At this stage, staff has begun the process of evaluating what work will be necessary as a result of the
approved Charter changes. There are potential Code changes to be considered, including to candidate
filing timelines, that will need Council action. Some of these actions have a dependency on finalizing
plans for either conducting a coordinated election in November with Larimer County or pursuing the City
conducting its own election. This is a critical initial decision point.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. Should the November 2023 election be conducted as a coordinated election with Larimer County?
2. Does the committee support shifting candidate filing timelines to mirror those required by the
Uniform Election Code for other November elections?
BACKGROUND / DISCUSSION
FOLLOW UP NEEDED AFTER ADOPTION OF CHARTER CHANGES IN THE SPECIAL ELECTION
How November election will be conducted
A determination of whether to coordinate the conduct of the regular November municipal election with
Larimer County is needed. In considering placing a ballot question before the voters to change the timing
of regular municipal elections from April to November of odd numbered years, Council moved forward in
such a way that allows for making the determination of how the election is conducted separately from the
timing of the election. There are potential advantages associated with both options and it is appropriate
for Council to make a determination relative to the 2023 municipal election based upon its evaluation of
which scenario provides the greatest benefits to Fort Collins voters.
Advantages of Coordinating Elections
Registered voters will receive one November election ballot containing all contests and questions.
Current ballot drop boxes have been designed to be used by both the County and the City for
their elections, but not simultaneously. A coordinated election allows use of the same ballot drop
boxes voters are accustomed to, without confusion or the need to determine protocols with
- Page 3 -
Section E, Item 1.
Council Committee Agenda Item Summary – City of Fort Collins Page 2 of 5
Larimer County on how those drop boxes are accessed for picking up voted ballots and how
ballots are distributed to the appropriate entities.
Larimer County owns its own election equipment and has existing vendor relationships for
supplies and system support centered around the November election timing. The City has rented
equipment for its elections for several cycles, typically in April when demand from larger counties
is not present. It is unknown at this time what type of equipment will be available for rental and
what level of support from vendors is possible. As regular municipal elections are also conducted
as mail ballot elections, the equipment typically used includes ballot tabulators and signature
verification equipment. It is possible alternative vendors may need to be explored to avoid the
need to hand count an election.
Access to the statewide voter database is obtained through the County. Coordinating elections
avoids challenges with navigating what that support can look like while the County is also
administering an election simultaneously.
Minimizes potential for voter confusion around which ballot needs to be returned to which
jurisdiction, including keeping the correct ballot with the correct envelope and submitting to the
correct jurisdiction via mail or drop box.
Additional ballot contests, including school board races, can be an additional inducement to voters
to participate in an election.
Advantages of City-run Elections
The City currently pays for return postage on mail ballots to make it easier for voters who wish to
mail their ballots back. Under the Uniform Election Code the County must follow in administering
elections, it is not permitted for the County to pay return postage.
Ability for the City to implement other measures it deems could assist in supporting voter
participation.
Ability for the City to establish parameters around the conduct of the election.
Control over election costs and spending, with greater predictability possible of overall election-
related costs in regular elections.
City contests and questions are front and center on ballots, and the focus for voters leading up to
and when voting is on City races.
Once ranked-choice voting is implemented in 2025, ability to make determinations at the
municipal level about ballot design, including number of rankings available to voters, how to
interpret voter intent in a range of scenarios, and other implementation determinations.
If City administration of ranked-choice voting elections is desired, maintaining City run elections in
2023 without RCV minimizes the potential for voter confusion in switching between election
administrators and keeps the City election team skills fresh.
Cost and Resource Considerations
Information about election costs has been discussed by the Committee and the Council over the last year
as the potential ballot questions were considered. Despite its importance, this is a hard to define factor.
There is not a lot of precision behind estimating costs because of the wide variances from election event
to election event. For coordinated elections, costs are determined by Larimer County and split based on
the cost sharing formula they have put in place without ability for participating jurisdictions to negotiate
those levels. The County is authorized by state statute to pass election costs on to participating
jurisdictions in coordinated elections and to develop any appropriate formulas for doing so. They apply
these formulas to all jurisdictions that participate in a coordinated election. Because of the variabilities of
both direct costs and what jurisdictions are participating in an election, it is not possible to estimate with
any degree of accuracy what the cost of a future election will be.
- Page 4 -
Section E, Item 1.
Council Committee Agenda Item Summary – City of Fort Collins Page 3 of 5
High level, the biggest variances in the costs of coordinated elections include:
Odd or even – even year elections have higher base costs because of higher requirements in Title
1 of the Uniform Election Code for more Voter Service Centers and other services mandated for
state and federal elections; presidential years are going to have higher administration costs for
additional services and scope than other even years
In odd years, costs overall are less but will fluctuate most heavily based on whether either the
State or Larimer County or both have questions on the ballot. If they do, costs will be significantly
lower. If one or both do not, the City will pay the bulk of the costs for all election administration in
those years as the largest jurisdiction participating in the election. The school districts do
participate in odd years, which is a big help to sharing that cost, but other jurisdictions across the
county are significantly smaller and will not pick up nearly as much of the costs. 2022 costs for the
special election coordinated with Larimer County were substantially higher than initial estimates
based on the City of Loveland not participating in that election.
Any election with a City TABOR question will be substantially higher cost because of the
additional TABOR requirements for the mailed notice, as those costs are not prorated but are
passed on directly to involved jurisdictions.
Starting in 2025, costs will also be significantly higher as all RCV related costs (staffing,
equipment, supplies including the likely need for a second ballot card) will be passed on directly to
Fort Collins.
The other variable that is hard to start quantifying for is for rising supply costs. Supply chain
issues combined with inflation combined with the security and integrity concerns being
promulgated around elections are creating a perfect storm of rapidly escalating prices for every
part of the election process. 2022 county election costs far outpaced all prior years for similar
election events. Vendors are raising prices rapidly to address their own constraints and needs.
Additional legislative changes should be anticipated that continue placing more requirements
around election administration, concurrently increasing costs. This factor will also impact City
administered election events.
The other aspect of resource considerations around election administration is in the opportunity costs for
other activities and programs in the City Clerk’s Office. Currently, the City Clerk and the Chief Deputy City
Clerk are the primary individuals who work on elections-related needs year-round. There are 9 total FTEs
now allotted to the Clerk’s Office, with the addition in the 2023 budget of an Elections & Technology
Analyst. These positions support five major program areas across the office, including Clerk to Council
functions, Elections, Records & Information Management, Regulatory Licensing, and central support for
Boards & Commissions. Most of these programs have a single FTE allocated or parts of FTEs that also
work in other programs. When an actual election event is underway, such as the recent referendum
petition process or previously April Municipal Elections, the entire Clerk’s Office shifts as much as
possible to election-related work. The new Elections & Technology Analyst position is intended to both be
a single point person for elections technology needs in particular, helping in that critical coordination for
election events, as well as managing the City’s robust campaign finance program that accompanies any
election whether administered by the County or the City. That role has also been identified to play a
primary role in the development and implementation of two major systems in the Clerk’s Office over the
next year for agenda management and regulatory licensing. If the City administers an election in 2023,
either for the regular November election or for any special election that may come up (which cannot be
coordinated with Larimer County), there will be significant impacts to the possible work plans for all
programs across the Clerk’s Office because of the interdependencies involved.
Legislative Actions Needed to Implement the Council’s Determination
The passage by Fort Collins voters in November of 2022 of both ballot questions relating to the
administration of municipal elections requires further work by this Committee in vetting potential code
changes in support of these transitions. This includes changing the nomination deadlines for candidates
- Page 5 -
Section E, Item 1.
Council Committee Agenda Item Summary – City of Fort Collins Page 4 of 5
for City Council in order to meet deadlines for submitting ballot content to the County if coordinated
elections will be held as well as other administration provisions.
Staff has begun developing potential Code changes for consideration. Article VIII, Section 1 of the City
Charter relating to Elections requires:
“The Council shall provide by ordinance for the manner of holding city elections. All ordinances
regarding elections shall be consistent with the provisions of this Charter and the state
Constitution. Any matter regarding elections not covered by the state Constitution, this Charter or
ordinance of the Council shall be governed by the laws of the State of Colorado relating to
municipal elections, or coordinated municipal elections, as applicable.”
Once the committee provides its guidance on whether it is desired to coordinate the November Municipal
Election with Larimer County, full draft language will be brought to the February committee meeting for
consideration. The most pressing potential shift likely needed in the City Code is to the timelines for filing
for office. Under the provisions of the Charter, these timelines must be changed no later than 180 days
prior to the election. Since the 2023 Regular Municipal Election will be on November 7, those changes
must be in effect by May 11, 2023. The last regular Council meeting for adopting an ordinance on second
reading that will be in effect by that time is April 18, 2023. Several inquiries are being fielded by the City
Clerk’s Office regarding the timelines for the November election, making this determination timely for
planning and communication purposes as well. For these reasons, this shift is an area of focus to bring
before the committee for input at this meeting.
If the November election will be coordinated with Larimer County, the filing deadlines provided for in the
Uniform Election Code and Municipal Election Code must be followed. Even if coordinated elections are
not held, it is still likely necessary to shift candidate filling timelines to mirror what is required for other
November elections to minimize candidate confusion and ensure the City has enough time to prepare
ballots in a busier season for election vendors.
The applicable provisions of the Uniform Election Code for the timing of filing by municipal candidates
include:
C.R.S. 1-4-805. Petitions for nominating municipal candidates in coordinated elections. Any
person who desires to be a candidate for a municipal office in a coordinated election shall, in lieu
of the requirements of this article, comply with the nominating petition procedure set f orth in the
“Colorado Municipal Election Code of 1965”, article 10 of title 31, C.R.S.; except that part 11 or
this article, concerning write-in candidate affidavits, shall apply in such municipal elections, and
any nominating petition may be circulated and signed beginning on the ninety-first day prior to the
election and shall be filed with the municipal clerk no later than the seventy-first day prior to the
date of the election. The petition may be amended to correct or replace signatures that the clerk
finds are not in apparent conformity with the requirements of the municipal election code at any
time before the sixty-seventh day before the election.
C.R.S. 1-4-1101. Write-in candidate affidavit of intent. A person who wishes to be a write in
candidate for an office in an election shall file an affidavit of intent stating that he or she desires
the office and is qualified to assume its duties if elected. … The affidavit shall be filed … with the
designated election official if it is for a local office.
C.R.S. 1-4-1102. Time of filing affidavit. (2) In a nonpartisan election, the affidavit of intent shall
be filed by the close of business on the sixty-fourth day before the election. If the election is to be
coordinated with the county clerk and recorder, the designated election official shall forward a
copy of the affidavit of intent to the coordinated election official.
- Page 6 -
Section E, Item 1.
Council Committee Agenda Item Summary – City of Fort Collins Page 5 of 5
The following chart shows the differences between current City Code and provisions of Colorado Revised
Statutes for these deadlines:
Current City Code State Statute
Earliest date to circulate
nomination petitions
70 days before the election
(Sec. 7-116)
91 days before the election
(C.R.S. 1-4-805 & 31-10-302)
Deadline to submit nomination
petitions
49 days before the election
(Sec. 7-116)
71 days before the election
(C.R.S. 1-4-805 & 31-10-302)
Deadline to submit amended
nomination petitions
NA 67 days before the election
(C.R.S. 1-4-805)
Deadline to withdraw from
nomination for candidacy
42 days before the election
(Sec. 7-116)
63 days before the election
(C.R.S. 31-10-303)
Deadline for a write in candidate
to submit an affidavit of intent to
allow any votes to be counted
42 days before the election
(Sec. 7-103)
64 days before the election
(C.R.S. 1-4-1102)
- Page 7 -
Section E, Item 1.
Council Committee Agenda Item Summary – City of Fort Collins Page 1 of 4
January 13, 2023
AGENDA ITEM SUMMARY
Election Code Committee
STAFF
Anissa Hollingshead, City Clerk
Rita Knoll, Chief Deputy City Clerk
SUBJECT
Planning Future Work for the Election Code Committee on Committee Priorities and Other
Election Topics.
EXECUTIVE SUMMARY
The Election Code Committee began its work in the current term following the April 2021 Municipal
Election. At its last meeting prior to the November special election that included three City ballot
questions, the Committee agreed to reconvene after that election to plan for any necessary additional
work.
In its discussions at the December 2022 committee meeting, members reviewed the original priorities
that had been identified at the outset of the current term:
1. Redistricting
2. Campaign Finance Provisions
3. November Elections
4. RCV
5. Public Financing of Elections
6. Election Oversight Board
7. Partisan/Non-Partisan Elections
Substantial work has occurred on the first four priorities during the first 18 months of the committee’s
current term. Committee members identified an interest in exploring further action on the public financing
of elections priority. There is also an outstanding need to do some additional work on ongoing provisions
relating to redistricting based on how that process occurred in 2022. There is an opportunity for the
Committee to provide guidance to staff in laying out expectations for some potential paths for work in
these areas to continue.
Before the Committee concludes its work for the current term, staff is looking to ensure an understanding
of any other scopes of work that are of interest. This includes additional code changes as well as
potential ballot questions, particularly Charter amendments, there is interest in having staff work on to be
ready for a future election.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. Are there existing priorities the Committee would like to continue working on in the current term?
2. Does the committee want to pursue any additional code changes relating to elections in the current
- Page 8 -
Section E, Item 2.
Council Committee Agenda Item Summary – City of Fort Collins Page 2 of 4
term?
3. Are there potential Charter amendments the Committee is interested in ensuring staff is prepared
for in future elections.
4. What meeting cadence would the Committee like to follow going forward?
BACKGROUND / DISCUSSION
Typically, the Election Code Committee pauses meeting in the fall before a spring election. There was
some consensus at the August meeting of the Committee prior to November’s special election to pause
meetings until after the next municipal election. This also included acknowledgement, however, that
because of the potential timing shift for regular municipal elections, it might be necessary for the
Committee to determine if it would like to continue meeting and at what intervals to continue any needed
work. The Committee reconvened in December after the results of the ballot questions on the November
Special Election were known to begin planning for any additional work needed. At this January meeting
staff is looking to understand the full scope of additional work desired in this term.
Given staff’s current focus on both identifying and implementing needed changes as a result of the
Charter amendment adoptions as well as other demands across the Clerk’s Office, including in the realm
of elections a referendum process and potential special election, the ability to complete work on
additional priorities in 2023 is limited. It is also important to ensure staff is clearly hearing from the
Committee around its expectations.
COMMITTEE PRIORITIES
Since beginning its work in the current term following the April 2021 Municipal Election, the Election Code
Committee has now met 15 times. W ork on the committee’s seven areas of priority items has been
occurring since mid-2021 with the current composition of the Election Code Committee, with substantial
action occurring on the first four priorities. The Committee also heard focused presentations on priority 5,
the public financing of elections.
Public Financing of Elections
At the December 2022 Committee meeting, staff was asked to address the potential for looking at
implementing public financing of elections. One consideration for the Committee in determining the timing
desired for possible implementation of a public financing program is how this change would fit with other
changes in election process and procedures being made for municipal elections. With the adoption of the
two ballot measures relating to election administration in 2022 as well as a third measure making
changes to Council compensation, future municipal elections will include significant changes that will be
implemented in 2023 and 2025 successively. The Committee may want to consider how these shifts will
impact candidates, voters, and election administrators, including how to measure the impacts of these
shifts on both voter turnout and candidate participation. Making changes to multiple factors at one time
makes it more difficult to ascertain which factors do and do not have the intended effects on participation
and involvement in the electoral process.
Staff has been working to scope out the requirements for the development and implementation of public
financing of elections. This is not a topic where there is existing staff expertise within the City. The two
primary people in the City Clerk’s Office who work on elections are the City Clerk and the Chief Deputy
City Clerk. This would be a new initiative for both of these roles and the people in them, requiring
substantial research and program development work. The financial aspects of a potential program would
require both additional appropriations that were not made as part of the 2023-24 budget process as well
as specialized staff capacity not currently identified for development, implementation, and monitoring.
The City Clerk’s Office does not have existing financial analysis support for the department. That work
- Page 9 -
Section E, Item 2.
Council Committee Agenda Item Summary – City of Fort Collins Page 3 of 4
across the department right now is done primarily by the Chief Deputy City Clerk, with some assistance
from the City Clerk.
The Committee heard a presentation from a Colorado State University student in 2021 about this topic.
Additional information has been provided by members of the public regarding broad parameters in place
in various similar programs around the country. To date, staff has not had the ability to focus on this topic
for more intensive research and scoping. If it is the Committee’s direction, staff proposes to continue
analysis of the information provided as well as conducting additional research to more fully develop a
potential program plan for Council’s consideration for implementation. Based on current resources and
existing work requirements across the City Clerk’s Office, targeting potential implementation for the 2025
municipal election would be aggressive yet could be possible if made a priority over other existing work
areas in City Clerk programs.
Research
•Ongoing -
need to
identify
level of
priority
Identification
of Financial
Analysis
Support
•Capacity
and skill set
not
currently in
City Clerk's
Office
Initial
Development of
Program Options
•Identification
of possible
models for
candidate
support levels
and
associated
fiscal impacts
Alignment Check
on Desired
Program
Objectives
•Check in with
Committee or
Council on
initial options
Program scoping
and potential
scaling
development
•Refining initial
options and
including
scalable
options
Ordinance
language
development and
approval
•Following
Council
process
Appropriation
request and
approval
•Possible
2025-26
BFO offer
Identification and
deployment of
tracking
system/tools
•Also
identifying
staff to be
responsible
for
implementati
on and
oversight
Program
information and
resource
development
•Materials,
forms,
website,
trainings
Program roll out
- Page 10 -
Section E, Item 2.
Council Committee Agenda Item Summary – City of Fort Collins Page 4 of 4
Redistricting
During the process of completing redistricting following the decennial census, there was discussion by
the Committee about making changes to City Code provisions governing the redistricting process. Of
particular interest was looking at what activates a requirement to adjust district boundaries. Staff is
looking for guidance from the Committee around expectations for when it may be desirable to look at this
topic again.
OTHER CODE AMENDMENTS
Depending upon the Committee’s direction, the shift to November elections will likely include a slate of
proposed code amendments. If the Committee is supportive, staff will be bringing forward draft language
to support those changes for the February ECC meeting.
Staff has begun identifying some potential clean up language changes to elections provisions in the code
that can be brought forward with other changes if desired. In addition, the Committee has already done
substantial work on Campaign Finance provisions within the code this term. With some experience now
in implementing those provisions, staff would like to understand if there is a desire for any additional
shifts or cleanup work in this realm before the November election.
POTENTIAL CHARTER AMENDMENTS AND OTHER BALLOT QUESTIONS
With the shift to November Municipal Elections, there is now one planned election event annually that
ballot questions and ballot issues can be referred to. In some instances, it is possible to refer some ballot
questions to special elections called for that or another purpose. Ballot issues, those items that involve
local government matters arising under Section 20 of Article X of the State Constitution subject to TABOR
provisions, can only appear on regular election ballots.
Given the potential always exists for a special election to be required for some purpose, as well as the
ability of the Council to call a special election if it so desires at most times, there could be advantages for
future planning to have a sense of potential ballot questions there is interest in pursuing. Some of the
potential Charter amendments discussed previously by this Committee, the Council, or staff, include:
Amendments to Charter provisions around referendum procedures. The recent referendum
petition process highlighted areas within the Charter that are in conflict with each other regarding
some prescribed procedures. The overall timing outlined in existing referendum procedures also
deviates from what is prescribed in state statute for municipalities that are not home rule with their
own provisions in this area. The practical effect of these differences results in protested
ordinances having the potential to first go into effect before being stayed after a successful protest
and petition, which differs from statutory provisions that ensure an ordinance does not yo-yo in
and out of effect after a successful petition effort.
Calculation of date provisions. This also arose as an issue in the recent referendum petition
process, as the Charter is currently silent in most instances about how days should be calculated
in the event of non-working days, including holidays or weekends.
Residency requirements for certain City employees. There are different areas within the Charter
that contain residency requirements for some City employees. There has been interest expressed
in potentially making some changes to this language, including potentially removing it from
Charter to place into the City Code instead to allow more nimbleness when needed in making
shifts.
Recall and initiative provision amendments. Similar to the referendum procedures in Charter,
there are some inconsistencies as well as timing challenges in the current language that appear
to be unintended that should be addressed at some point.
Amend provisions banning felons from running for office or serving on Council that conflict with
provisions of the Colorado State Constitution.
- Page 11 -
Section E, Item 2.