HomeMy WebLinkAboutAgenda - Full - Election Code Committee - 05/29/2024 -5/29/2024 – Agenda Page 1
Agenda
Election Code Committee
May 29, 2024 – 4:30 PM
CIC Conference Room, City Hall, 300 Laporte Ave and via Zoom
https://fcgov.zoom.us/j/98639152564
Remote Participation Available
A) Call Meeting to Order
B) Roll Call
C) Public Participation
D) Public Participation Follow-up
E) Approval of Minutes
1. Approval of Minutes.
The purpose of this item it so approve the minutes of the April 24, 2024, Election Code Committee
meeting.
F) Discussion / Informational Items
2. Proposed Charter Amendments Relating to Elections, Recall and Initiative and
Referendum.
The purpose of this item is to allow the Committee to consider amendments to Articles VIII, IX,
and X of the City Charter that will address computation of time, inconsistencies in timing, re-
organization of certain provisions, and suggested updates to simplify language to promote more
efficiencies in the conduction of election-related processes.
G) Review of Upcoming Calendar
3. 2024 Workplan
H) Other Business
I) Adjournment
Next Scheduled Committee Meeting: TBD
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or auxiliary aids and services for individuals with disabilities, to access City services, programs and activities. Contact
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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 1 -
Council Committee Agenda Item Summary – City of Fort Collins Page 1 of 1
May 29, 2024
AGENDA ITEM SUMMARY
Election Code Committee
STAFF
Heather Walls, Interim City Clerk
SUBJECT
Approval of Minutes.
EXECUTIVE SUMMARY
The purpose of this item it so approve the minutes of the April 24, 2024, Election Code Committee meeting.
ATTACHMENTS
1. Draft Minutes, April 24, 2024
- Page 2 -
Section E, Item 1.
City of Fort Collins Page 1
April 24, 2024
ELECTION CODE COMMITTEE MEETING
4:35 PM
COMMITTEE MEMBERS PRESENT: Arndt, Pignataro, Canonico
STAFF PRESENT: Rita Knoll, Rupa Venkatesh, Sara Arfman, Tyler Robbins,
Carrie Daggett, Heather Walls
OTHER COUNCILMEMBERS PRESENT: Potyondy
1. CALL MEETING TO ORDER
2. ROLL CALL
3. PUBLIC PARTICIPATION
Robbie Moreland suggested only a modest increase in campaign contribution limits should be allowed
and stated a quasi-judicial election oversight commission would provide an enforcement mechanism
without the conflict-of-interest issues that currently exist. Additionally, Moreland supported public
financing of elections and making any Charter changes necessary to allow for the formation of an election
oversight committee.
Pat Skrentny-Lamb asked about the City’s plan for voter outreach and education ahead of the November
2025 ranked choice election. Lamb suggested the City and League of Women Voters could coordinate
efforts to assure broad reach across the various voting demographics.
4. PUBLIC PARTICIPATION FOLLOW-UP
Mayor Arndt thanked the speakers and concurred driving up voter turn-out is important. She also
concurred any increase in campaign contribution limits should be modest and stated outreach should be
spearheaded by the Clerk’s Office, particularly focused on ranked choice voting, and concurred any
organizations who are willing to assist on that front would be helpful. Additionally, she concurred with the
suggestion of changing the Charter to remove the barrier from forming an election oversight committee,
though she stated steps have been taken to insulate the City Attorney from having to investigate
campaign finance violations.
Assistant City Manager Venkatesh noted City Clerk Interviews are under way and ranked choice voting
education will be a priority item for the incoming Clerk.
Councilmember Potyondy asked when campaign contribution limits were last raised. Staff members
replied several changes were made in the 1980’s, but in 2000, the current limits were set.
Councilmember Potyondy expressed concern about equity implications for candidates who do not have
time to make phone calls for small donations and suggested inflation should be considered when looking
at campaign contribution limits.
Councilmember Canonico noted very low campaign contribution limits can lead people to donate to PACs.
5. APPROVAL OF MINUTES
Mayor Arndt made a motion, seconded by Councilmember Pignataro, to approve the minutes of
the March 27, 2024, meeting. Ayes: Canonico, Arndt, and Pignataro. Nays: None.
THE MOTION CARRIED.
- Page 3 -
Section E, Item 1.
City of Fort Collins Page 2
6. DISCUSSION/INFORMATIONAL ITEMS
A. Potential Charter Amendments.
The purpose of this item is to present potential Charter amendments to the following Articles:
1. Article VIII – Elections
2. Article IX – Recall
3. Article X – Initiative and Referendum
Heather Walls, Interim City Clerk, stated the Charter amendments are currently planned for first
reading on June 18 with second reading on July 2.
City Attorney Daggett reviewed the potential Charter amendments and timing issues.
Councilmember Pignataro suggested clarifying ‘working days’ are City organization working days.
Mayor Arndt suggested the possibility of using calendar days.
City Attorney Daggett stated it would likely be better to do one Charter-wide time computation
provision.
Councilmember Pignataro asked if the idea of a specific campaign season having has ever been
considered.
Mayor Arndt questioned how that would work with state statutes related to declaring candidacy.
Councilmember Potyondy stated one downside to having a defined campaign period is the decreased
time frame for fundraising and active campaigning.
City Attorney Daggett noted many of the timeframes in the Charter relate to the mechanics of the
election or initiative/referendum processes.
Chief Deputy City Clerk Knoll noted there are considerations of requiring at least one earlier financial
report.
Members and staff further discussed the 180-day requirement for nomination petition circulation and
Knoll noted that should be earlier in the year, so candidates know what rules they are following.
Councilmember Pignataro stated having a visual timeline would be helpful.
Knoll also noted candidate guidelines are expected to be published earlier and earlier.
Members discussed utilizing February 1st as the date rather than 180 days.
City Attorney Daggett outlined other potential Charter amendments, including a change related to
how long individuals are barred from running for office after certain things, such as being recalled.
She went on to outline amendments related to timeframe updates and notification in the recall section.
City Attorney Daggett stated it was discovered that some of the dates for the protest process for
referendums were not workable. Additionally, she discussed amendments that need to be made
related to write-in candidates.
City Attorney Daggett reviewed the proposed amendments related to initiative and referendum,
including creating self-contained divisions that explain each process.
B. 2024 Work Plan
Heather Walls, Interim City Clerk, stated the Work Plan includes Charter amendments, campaign
finance, education for ranked choice voting, an election oversight committee, and public financing of
elections.
7. OTHER BUSINESS
8. ADJOURNMENT
The meeting adjourned by unanimous consent at 5:58 P.M.
- Page 4 -
Section E, Item 1.
ECC4/23
I’m Robbie Moreland and I live in District 1.
First,I want to paraphrase something Senator Bennet said at CSU this week:
“Our entire democracy depends on the willingness of people to be involved.That’s going
to be the difference between whether we succeed or whether we fail.”
He summed up why I continue to advocate for nonpartisan,pro-democracy election
reforms.Ijust think it’s important.
Section 7-131 of our municipal code says quote.
“The City Council hereby finds and declares that large campaign contributions to
political candidates allow wealthy contributors and special interest groups to exercise a
disproportionate level of influence over the political process;that large campaign
contributions create the potential for corruption and the appearance of corruption;that
the rising costs of campaigning for political office prevent qualified citizens from running;
and that the interests of the public are best served by limiting campaign contributions,
full and timely disclosure of campaign contributions and strong enforcement of
campaign laws.”
So,when and if discussions begin about raising the contribution limits,I think a modest
increase makes sense,say $100 for Council and $150 or $200 for Mayor,but as the
declaration says,large campaign contributions are not in the best interests of the public.
That last sentence in the declaration also says that the interests of the public are best
served by strong enforcement of campaign laws.In my opinion,we don’t currently
have strong enforcement..A quasi-judicial election oversight commission would
provide such an enforcement mechanism without the conflict of interest issues that we
currently have.
Finally,the declaration states that rising costs of campaigning prevent qualified citizens
from running for office.Public financing of elections,such as a dollar4or-dollar
matching program,is an obvious solution to this issue.
As you are finishing the Work Plan for this session,I hope that keeping campaign
contribution limits low,instituting public financing of elections and establishing an
election oversight commision make it back on the list.
What IS on your list for the next few months are updates to the Charter.Ms.Daggett said
at the last meeting that if we were to create a Quasi-Judicial election oversight commission,
there would be provisions in the Charter that would need to be updated to allow for it.I didn’t
see this addressed in the suggested Charter changes for this November’s ballot.If there are
fairly minor modifications that could allow for the possibility of such a commission in the future,
please consider them in your proposed charter changes for this November’s ballot so that near
term implementation of this commission isn’t hampered by Charter restrictions.
Thank You!
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Section E, Item 1.
Council Committee Agenda Item Summary – City of Fort Collins Page 1 of 3
May 29, 2024
AGENDA ITEM SUMMARY
Election Code Committee
STAFF
Heather Walls, Interim City Clerk
Rita Knoll, Chief Deputy City Clerk
Carrie Daggett, City Attorney
SUBJECT
Proposed Charter Amendments Relating to Elections, Recall and Initiative and Referendum.
EXECUTIVE SUMMARY
The purpose of this item is to allow the Committee to consider amendments to Articles VIII, IX, and X of
the City Charter that will address computation of time, inconsistencies in timing, re-organization of certain
provisions, and suggested updates to simplify language to promote more efficiencies in the conduction of
election-related processes.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. What are the Committee’s thoughts on the proposed amendments to Articles VIII, IX and X of the City
Charter?
BACKGROUND / DISCUSSION
During recent election activities and referendum efforts, staff has recognized inconsistencies in required
timing of these activities that the Clerk’s office would not be able to meet in the realm of today’s elections.
These proposed amendments will modernize language, address computation of time, and timing of election
events.
Update to Modernize of Language
On February 27, 2024, Council adopted a priority to update and modernize the City Charter to bring to the
2025 ballot. Staff proposes to address this priority in part by updating Articles VIII, IX, and X to include
inclusive language and replacing the word ‘shall’ with ‘must’, ‘may’ or ‘will'. The provisions will also clarify
and make more consistent the petition and protest processes.
Computation of Time
Staff has historically had to seek clarification when various deadlines fall on a weekend or holiday. The
proposed computation of time provision will be addressed in Article IV, General Provisions, but instead
could be address in each Article under discussion. Committee discussion of these options will be helpful.
Including the computation of time provision in each Article as part of the proposed amendments will ensure
that it will take effect with any Article that receives voter approval, even if another Article is not approved.
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Section F, Item 2.
Council Committee Agenda Item Summary – City of Fort Collins Page 2 of 3
Timing of Election Events
Staff proposes to amend all timing provisions in Articles VIII, IX, and X. For processes that are required by
internal staff, the proposed timing would be in increments of 5 working days. The timing of processes that
are required by external individuals or groups would be in increments of 7 calendar days. Each scenario
helps ensure that required timing and deadlines would land on a workday.
Example: The current deadline to file a petition is 60 days after the City Clerk’s approval of the form
of petition. If the Clerk approves the form of petition on Tuesday or Wednesday, the deadline to file
the petition will be on Saturday or Sunday. The proposed deadline to file a petition is 63 days so the
day it would be due is always on a weekday.
Article VIII - Elections
Section 4 – Sufficiency of petition notification within 5 working days.
Section 7 – Certification of election results: Shorten timeframe for candidates to qualify from 60 days
to 30 working days.
Article IX – Recall
Staff is developing more realistic timelines for the recall provisions. The current timing to call an election
does not allow enough time to plan and conduct a recall election whether it is a special election or on the
regular election ballot in November.
Section 2(f) - Staff proposes to increase the number of days to circulate a petition for recall to provide
adequate time for circulation.
In addition to timing revisions, staff suggest removing the provision to cure an insufficient petition.
The proposed language sets timeframes in which a recall election would be consolidated with a November
election and prevents a recall from going forward at the same time an officer would already be on the ballot
for reelection. In addition, it allows an officer subject to a recall effort to resign prior to the mailing of ballots
and create a vacancy to be filled through the vacancy appointment process.
Article X – Initiative and Referendum
This Article has caused confusion among petition representatives. Staff proposes to re-organize this Article
into three parts: Part 1- Initiative, Part 2 – Referendum and Part 3– In General. Part 1 and 2 would have
similar procedural guidelines to follow and be organized in chronological order. Timing of petition
circulation and action by Council differ between Initiative and Referendum.
Besides re-organization and timing revisions, staff is proposing to remove the ability to amend an
insufficient petition. For an initiative, state statute does not allow time to cure an insufficient petition. State
law allows 180 days for circulation of the petition and the signature requirement is higher. State statute
also does not allow time to cure an insufficient petition for a referendum. State law allows 30 days for
circulation. The signature requirement in state law is higher (at least 5% of the registered electors of the
municipality on the date of final publication of the ordinance).
Staff also proposes to include language that requires an initiative to plan their question on a November
ballot rather than an off-cycle special election. This will be a cost-saving measure as well as avoid potential
conflicts with primaries in a general election year.
CITY FINANCIAL IMPACTS
Any time a measure needs to be placed before the voters at an election, there is a cost to conduct that
election. The cost can vary, but typically will be several hundred thousand dollars.
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Section F, Item 2.
Council Committee Agenda Item Summary – City of Fort Collins Page 3 of 3
PUBLIC OUTREACH
There is no time to conduct public outreach on these items before the needed action to place them on the
ballot this November. This November is desirable so that changes are in place by 2025.
ATTACHMENTS
1. Article VIII Elections (redlined)
2. Article IX Recall (redlined)
3. Article X Initiative and Referendum (redlined)
- Page 8 -
Section F, Item 2.
MAY ELECTION CODE COMMITTEE DRAFT FOR DISCUSSION
Fort Collins, Colorado, Municipal Code Created: 2024-02-29 10:33:05 [EST]
(Supp. No. 148, Update 1)
Page 1 of 3
ARTICLE VIII. ELECTIONS
Section 1. Applicability of state constitution.
The Council shall will provide by ordinance for the manner of holding city elections. All ordinances regarding
elections shall must be consistent with the provisions of this Charter and the state Constitution. For aAny matter
regarding elections not covered by the state Constitution, this Charter or ordinance of the Council shall will be
governed by the laws of the State of Colorado relating to municipal elections, or coordinated municipal elections,
as applicable.
Section 2. City elections.
A regular city election shall will be held on the first Tuesday in November of every odd-numbered year. All other
municipal elections shall will be known as special city elections and shall will be called by ordinance and shall must
be held in accordance with the provisions of this Charter and any ordinances adopted pursuant thereto. All
municipal elections shall must be nonpartisan.
In order to implement a change of regular city elections from April of each odd-numbered year to November of
each odd-numbered year, the term of the Mayor and each Councilmember shall will be extended to such time as a
successor elected in November of the appropriate odd-numbered year (consistent with Article II, Section 1(b))
takes office, unless otherwise ended due to an event of vacancy or recall. Such change in term length shall will
have no effect on the number of terms any such officer may be elected under the applicable term limits.
Section 3. Nomination; withdrawal from nomination.
Any person who is qualified at the time of nomination for the office to be filled may be nominated for the elective
office by petition. A nominating petition for the office of Mayor shall must be signed by not less than twenty-five
(25) registered electors. A nominating petition for District Council office shall must be signed by not less than
twenty-five (25) registered electors residing in that District. A registered elector may sign one (1) petition for each
office for which the elector is entitled to vote at the election. If an elector should sign more petitions than entitled,
said elector's signature shall will be void as to all petitions which the elector signed.
Nominating petitions must be filed with the City Clerk. The Council shall will enact an ordinance specifying the time
frame for circulation and submittal of nominating petitions and the deadline for withdrawal from candidacy for
municipal office. Such time frame shall must not be changed within one hundred eighty (180) days immediately
prior to the election. No nominating petition shall may be accepted unless the candidate completes a verified
acceptance of the nomination certifying that he or she is not a candidate, directly or indirectly, of any political
party, and that he or she meets the qualifications for office and will serve if elected.
A person who has been nominated may withdraw from candidacy by filing a written request to do so with the City
Clerk before the deadline established by Council ordinance for such withdrawal, and no name so withdrawn shall
may be placed upon the ballot.
Section 4. Petitions.
(a) Form; circulation. The Council shallwill prescribe by ordinance, upon recommendation of the City Clerk, the
form for a nominating petition which shall must include such warnings and notices to signers as may be
deemed appropriate by the Council, as well as the candidate's verified acceptance of nomination. The
signatures on a nominating petition need not all be subscribed on one (1) page, but to each separate section
Commented [HW1]: Unchanged from current code - for
2024 election, date would be May 9, 2024
- Page 9 -
Section F, Item 2.
Created: 2024-02-29 10:33:05 [EST]
(Supp. No. 148, Update 1)
Page 2 of 3
of the petition there shall will be attached a signed statement of the circulator thereof, stating the number of
signers on that section of the petition, and that each signature thereon was made in the circulator's presence
and is the genuine signature of the person whose name it purports to be. When executed, such statement
shall must be accepted as true until it shall may be proved false. If any portion is proved false, that portion
of any petition shall must be disregarded. Following each signature on the petition of nomination shall must
be written the printed name and the residence address of the signer, and the date of signing. All nominating
papers comprising a petition shall must be filed as one (1) instrument.
(b) Sufficiency of petition. Upon receipt of a nominating petition, the City Clerk shall will forthwith examine the
petition, and within five (5) working days after the filing of the petition, notify the candidate in writing of the
results of the examination, specifying the particulars of insufficiency, if any. Within the regular time for filing
petitions, an insufficient petition may be amended and filed again as a new petition, in which case the time
of the first filing shall will be disregarded in determining the validity of signatures thereon, or a different
petition may be filed for the same candidate. The petition for each candidate elected to office shall must be
preserved by the City Clerk until the expiration of the terms of office for such person.
(c) No person shall may receive any compensation whatever for signing a nominating petition.
Section 5. Board of Elections for City-administered elections.
There is hereby created a Board of Elections consisting of the City Clerk, Chief Deputy City Clerk, and Chief Judge.
The Board shall will be responsible for any election duties specified in this Charter and for such additional duties
related to the conduct of elections by the City as may be established by the Council by ordinance.
Section 6. Appearance of names on ballot.
Every ballot shall must contain the names of all duly nominated candidates for offices to be voted for at that
election, except those who have died or withdrawn. The names shall will be arranged in alphabetical order of
surname for each office, and shall may not contain any title or degree designating the business or profession of the
candidate. The candidate's name may be a nickname, but shall may not include any punctuation marks setting out
the nickname.
(Ord. No. 129, 1999, § 1, 8-17-99, approved, election 11-2-99)
Section 7. Certification of election results.
(a) No later than the date specified by Council by ordinance and, after verifying the total number of legal votes
cast for each candidate and measure voted upon, the Board of Elections shall must complete a certificate
declaring the results of the election. The candidate receiving the highest number of votes for a particular
office, as determined pursuant to this Section 7, shall will be declared elected to that office. In event of a tie,
the selection shall will be made by the Board of Elections by lot after notice to the candidates affected. In
case the candidate elected fails to qualify within sixty (60)by no later than 30 working days after the date of
issuance of the certificate of election, tabulation of results in that contest shall will be rerun with the
disqualified candidate being eliminated prior to any tabulation and the candidate with the resulting highest
vote shall will be elected, and the candidate failing to qualify shall must forfeit his or hertheir office whether
or not such candidate has taken the oath of office. If there is no other elected successor who qualifies, the
office shall will be deemed vacant, and shall will be filled by appointment by the remaining members of the
council, as provided in Article II, Section 18. In the event of a mandatory recount or recount by request, the
Board of Elections shall must complete an amended certificate declaring the results of the election by no
later than the fifth dayfive (5) working days after the completion of the recount.
Formatted: Line spacing: Multiple 1.08 li
Commented [CD2]: Suggesting a shorter timeframe for
this; other jurisdictions tend to have shorter windows for it.
- Page 10 -
Section F, Item 2.
Created: 2024-02-29 10:33:05 [EST]
(Supp. No. 148, Update 1)
Page 3 of 3
(b) For coordinated city elections (which are not administered by the City), the election shall will be determined
and certified, and any tie vote or recount shall will be administered, as provided in the applicable state law.
The candidate receiving the highest number of votes for a particular office, as determined pursuant to
Section 7(c), shall will be declared elected to that office.
(c) Ranked voting methods. Beginning in 2025, the candidate receiving the highest number of votes for a
particular office will be determined using a ranked voting method.
(1) For a City-administered election, the ranked voting method will be in accordance with specifications
adopted by the City Council by ordinance.
(2) For a coordinated election, the ranked voting method will be in accordance with, and as provided by,
applicable state law.
Section 8. Campaign contributions.
The Council shall will act by ordinance to establish a limit on the amount that any person or entity may contribute
in support of a candidate for Council on the ballot at any city election.
No political party or city employee, directly or indirectly, and no public service corporation, nor any other person,
firm or corporation, owning, interested in, or intending to apply for any franchise or contract with the city shall
may contribute or expend any money or other valuable thing, directly or indirectly, to assist in the election or
defeat of any candidate.
Section 9. Corrupt practices.
Any person who violates at a city election any state law, provision of this Charter or ordinance of the city shallwill,
upon conviction thereof, be disqualified from holding any city position or employment for two (2) years, or any
elective city office for four (4) years.
Section 10. Validity of City-administered elections.
No City-administered election shall may be invalidated if it has been conducted fairly and in substantial conformity
with the requirements of this Charter.
Section 11. Further regulations.
The Council may, by ordinance, make such further rules and regulations as are consistent with this Charter and the
Colorado Constitution in order to carry out the provisions of this Article.
Commented [CD3]: Note difference from Article IX,
Section 1(d) regarding 2-year disqualification if recalled
- Page 11 -
Section F, Item 2.
MAY ELECTION CODE COMMITTEE DRAFT FOR DISCUSSION
Page 1 of 6
[NOTE: ALL “SHALL” AND “HE OR SHE” REFERENCES WILL BE UPDATED AFTER
THIS DRAFT]
[CONSIDER REORGANIZING THIS ARTICLE]
ARTICLE IX. RECALL
Section 1. The recall.
(a) Power. Any elective officer of the city may be recalled from office, through the procedure and in the manner
provided herein, by the registered electors entitled to vote for a successor of such incumbent officer. The
procedure to effect a recall shall be as provided in this Article.
(1) For purposes of this Article, in the case of recall of the Mayor, the words “registered elector” shall be
construed to mean persons residing within the city who are registered to vote as of the date they
signed the petition for recall.
(2) For purposes of this Article, in the case of a proposed recall of District Council representatives, the
words "registered elector" shall be construed to mean persons who are registered to vote within the
particular affected Council District of the city as of the date they signed the petition for recall of the
District Council representative.
(3) No recall petition shall be circulated or filed against any officer until the officer has actually held office
for at least one (1) year in the officer's current term, nor within six (6) months of the end of such term.
[MOVED TO ABOVE]
(b) Commencement of proceedings; affidavit. One (1) or more registered electors may commence recall
proceedings by filing with the City Clerk an affidavit of not more than two hundred (200) words stating the
reasons for the recall of the officer sought to be removed. A separate affidavit shall be filed for each officer
sought to be recalled.
(1) Within two (2) working days after the filing of the affidavit, the City Clerk shall mail a copy by certified
mail to the affected officer. The City Clerk will also promptly provide the affidavit to the City Council by
electronic mail.
(2) No later than seven (7) calendar days after the date of the City Clerk’s mailing, the affected officer may
file with the City Clerk a sworn statement of not more than three hundred (300) words in defense of the
charges.
(3) The affidavit and the response are intended for the information of the registered electors, who shall be
the sole and exclusive judges of the sufficiency of the ground or grounds assigned for the recall, and
said ground or grounds shall not be open to judicial review.
(4) No later than seven (7) calendar days after the date by which any statement in defense must be filed,
the petitioner must submit to the City Clerk a petition for recall of the officer for City Clerk review in
accordance with Section 2(b) of this Article. The petition shall be circulated, signed, verified and filed in
the manner provided in Section 2 of this Article.
(5) If no petition for recall has been submitted to the City Clerk for approval of its form within the time
period specified above, the recall proceedings shall be terminated.
(c) [THIS SUBSECTION MOVED TO NEW SECTION 3]
- Page 12 -
Section F, Item 2.
MAY ELECTION CODE COMMITTEE DRAFT FOR DISCUSSION
Created: 2024-02-29 10:33:05 [EST]
Page 2 of 6
[MOVED TO SECTION 4]
Section 2. Petitions.
(a) Separate petitions required. A separate petition shall be circulated and filed for each officer sought to be
recalled.
(b) Form and content.
(1) Adoption of form. The Council shall prescribe by ordinance, upon recommendation of the City Clerk, a
general form of petition which shall contain warnings and notices to signers as necessary and meet the
requirements of this Article.
(2) Approval of form. No petition shall be circulated until the City Clerk has approved the form for
circulation. The City Clerk must determine whether to approve the form of petition no later than five
(5) working days after submittal. The City Clerk shall first determine that the petition form contains
only the matters required by this Article. The City Clerk's approval under this Section shall not
constitute an approval of the content of the petition, but rather, shall start the running of the time
periods provided for circulation and filing of petitions for recall.
(2) Statement of purpose. The petition shall be addressed to Council and shall contain or have attached to
each section throughout its circulation a copy of the charges set forth in the affidavit on file with the
City Clerk, and if requested by the person sought to be recalled, a copy of the statement in defense.
(3) Petition representatives. Each petition shall designate by name and address three (3) registered
electors who shall represent the signers of the petition in all matters affecting the petition, and shall be
endorsed by such persons. [MOVED FROM BELOW]
(4) Signatures. Only registered electors may sign the petitions authorized under this Article. Each signer
must sign their own signature and each signature shall be followed by the printed name of the signer,
the street and number address of their residence, and the date of signing. No person shall knowingly
sign their name more than once for the recall of the same incumbent.
(c) Circulation of petition.
(1) The petition shall be circulated and signed in sections with each section consisting of one (1) or more
sheets securely fastened at the top, and each section must contain a full and accurate copy of the text
of the petition and the names and addresses of the designated representatives for the petition.
(2) All sections shall be filed with the City Clerk as one (1) instrument.
(3) Only persons eighteen (18) years of age or older may circulate the petition for signatures.
(4) The circulation of any petition by any medium other than personally by a circulator is prohibited.
(5) No person shall receive any compensation whatever for signing a recall petition.
(d) Affidavit of circulator. A circulator shall attach to each section of the petition circulated, an affidavit signed
by the circulator under oath before a notary public stating the following:
(1) the circulator's address of residence;
(2) that the circulator is eighteen (18) years of age or older;
(3) that he or she personally circulated the section;
(4) that each signature was affixed in the circulator's presence;
(5) that to the best of the circulator's knowledge and belief each signer was at the time of signing a
registered elector of the city;
- Page 13 -
Section F, Item 2.
MAY ELECTION CODE COMMITTEE DRAFT FOR DISCUSSION
Page 3 of 6
(6) that to the best of the circulator's knowledge and belief each signature is the genuine signature of the
person whose name it purports to be;
(7) that each signer had an opportunity before signing to read the full text of the petition; and
(8) that the circulator has not paid or offered to pay any money or other thing of value to any signer for
the purpose of inducing or causing the signer to affix his or her signature to the petition.
A petition verified by the valid affidavits of its circulators in each of its sections shall be prima facie evidence that
the signatures thereon are genuine and true.
(e) Number of signatures required. [THESE DELETIONS REMOVE HOLDOVER LANGUAGE FROM PRIOR COUNCIL
STRUCTURE]
(1) First recall attempt. The petition must be signed by registered electors equal in number to at least
twenty-five (25) percent of the entire vote cast at the last preceding regular city election for all
candidates for the office, to which the incumbent sought to be recalled was elected as one of the
officers thereof.
(2) Subsequent recall attempts. After one (1) recall petition and election, a recall petition filed against the
same officer during the same term for which elected must be signed by registered electors equal in
number to at least fifty (50) percent of the entire vote cast at the last preceding regular city election for
all candidates for the office to which the incumbent sought to be recalled was elected as one of the
officers thereof.
(f) Place of filing, time limits. For the recall process to proceed, petitions for recall must be filed with the City
Clerk as follows:
(1) For a District Council representative, no later than twenty-eight (28) calendar days after the City
Clerk's approval of the form for circulation;
(2) For a Mayor, no later than forty-two (42) days after the City Clerk’s approval of the form for
circulation.
(g) Sufficiency of petition; amendment. Within fifteen (15) working days of the filing of a petition the City Clerk
shall ascertain by examination of the petition and the registration books whether the petition is signed by
the requisite number of registered electors and contains the required particulars and affidavits. If the
petition is insufficient, the City Clerk shall so certify and forthwith notify all of the designated petition
representatives in writing, specifying the particulars of insufficiency.
(2) Insufficient petition; amendment. If a recall petition is deemed insufficient, whether following the initial
determination by the City Clerk, or following protest proceedings, it may be amended by the submission
of additional signatures collected after the City Clerk approved the form of the petition and within
fourteen (14) calendar days from the filing of the Clerk's issuance of certificate of insufficiency.
(i) Such signatures must be collected consistent with the requirements for collecting petition
signatures as described in this Article.
(ii) Within fifteen (15) days after such amendment, the City Clerk shall make examination of the
amended petition and certify the result.
(iii) If the amended petition is still insufficient, or if no amendment was made before the expiration of
the time permitted for amendment, the petition shall be null and void without prejudice to the
filing of a new petition for the same purpose.
(h) Protests. [CONFORMED TO PROTEST PROCESS IN ARTICLE X]
(1) Registered electors desiring to protest the sufficiency of a petition may file a written protest, under
oath, in the office of the City Clerk within five (5) working days of the City Clerk’s preliminary
determination as to sufficiency of the petition. The protest shall set forth with particularity the
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grounds of protest and any signatures and related defects in form protested. The reasons assigned for
recall may not be protested.
(2) Upon the filing of a written protest, the City Clerk shall set a time for hearing such protest, which shall
be no more than fourteen (14) days thereafter.
(3) At least five (5) working days before the hearing, the City Clerk shall send a notice of the date, time
and location for the hearing and a copy of the protest to all of the designated petition representatives,
the person(s) who filed the protest, and the City Council.
(4) All protest hearings shall be before a hearing officer appointed by the City Manager. The hearing
officer shall have the power to issue subpoenas to compel the attendance of witnesses and the
production of documents.
(5) All records and hearings shall be public, and all testimony shall be under oath.
(6) The hearing shall be summary in nature and concluded no later than twenty-eight (28 working days
after the protest was filed.
(7) The hearing officer shall decide and certify the results of the hearing no later than ten (10) days after
the hearing is concluded.
(8) The City Clerk shall make any final determination regarding sufficiency or insufficiency of a petition
and shall base such determination on protest hearing results issued by the hearing officer.
(1) Registered electors desiring to protest a determination by the City Clerk that a petition is either
sufficient or insufficient may file a written protest, under oath, in the office of the City Clerk within
seven (7) calendar days of the City Clerk’s preliminary determination as to sufficiency of the petition.
The protest must set forth with particularity the grounds of protest and any signatures and related
defects in form protested.
(2) Upon the filing of a protest, the City Clerk will send a copy of the protest to the designated petition
representatives, the City Council and the City Manager. The City Manager will appoint a hearing officer,
who, in conjunction with the City Clerk, will set a time for hearing such protest, which must be no more
than ten (10) working days after the filing of a protest.
(3) At least five (5) working days prior to the hearing, the City Clerk will send a notice of the date, time and
location for the hearing and a copy of the protest to all of the designated petition representatives, the
person(s) who filed the protest, and the City Council.
(4) All protest hearings will be before a hearing officer appointed by the City Manager. The hearing officer
will have the power to issue subpoenas to compel the attendance of witnesses and the production of
documents.
(5) All records and hearings will be public, and all testimony must be under oath.
(6) The hearing will be summary in nature and concluded no later than twenty (20) working days after the
protest was filed.
(7) The hearing officer must decide and certify the results of the hearing no later than five (5) working days
after the hearing is concluded, and no further protest regarding the petition may be filed.
(8) The City Clerk will make any final determination regarding the sufficiency or insufficiency of a petition
and must base such determination on the protest hearing results issued by the hearing officer.
(9) A petition for recall that has been deemed insufficient after protest may not be amended or circulated
further and no further protest regarding the petition may be filed.
(i) Certification and presentation to Council. When and if a petition or amended petition is deemed sufficient,
whether following the initial sufficiency determination by the City Clerk in the absence of a protest, or
following protest proceedings, the City Clerk shall so certify and present the certified petition to the Council
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at the next regularly scheduled meeting or special meeting called for this purpose. The City Clerk's certificate
shall be the final determination as to the sufficiency of the petition.
Section 3. Call of election. [MOVED FROM Section 1(c)]
A recall election shall be for the dual purposes of voting on the recall of the officer sought to be removed and the
election of a successor. Upon the City Clerk's presentation of a petition certified sufficient for recall, the Council
shall set a date for the election which shall be held on a Tuesday not less than sixty (60) nor more than ninety (90)
days from the date of presentation of the certified petition to Council. However, if any other city election is to
occur within ninety (90) days from the presentation of the certified petition to Council, the recall election shall be
postponed and consolidated with such other city election. The order setting a date for the recall election shall not
become effective until five (5) days from the presentation of the certified petition to Council. If the officer resigns
within the five-day period, the vacancy may be filled by appointment. If a vacancy occurs in the affected office
after the effective date of the order, the election to fill the vacancy shall nevertheless proceed.
(a) A recall election shall be for the dual purposes of voting on the recall of the officer sought to be
removed and the election of a successor.
(b) Upon the City Clerk’s presentation of a petition certified as sufficient for recall, the Council shall set a
date for the election which shall be held on a Tuesday at the earliest possible election date that allows
the City Clerk sufficient time to meet all legal, logistical and technical requirements applicable to the
conduct of an election. The City Clerk will advise the Council of said election date in connection with
Council’s call of the recall election.
(c) If the earliest possible election date determined by the City Clerk is less than seventy-five (75) prior to
an upcoming November regular municipal election or November General Election conducted by the
Larimer County Clerk and Recorder, the recall election shall be postponed and consolidated with such
other election date.
(d) If a recall election must be consolidated with a November regular municipal election pursuant to
subsection (c), and if the Council office held by the officer for whom a recall is sought will be on such
November ballot, the recall process shall be deemed terminated and the regular election for that
Council office will proceed as part of the November regular municipal election.
(e) If the officer resigns before ballots for the recall election are mailed to the voters, the recall process
shall be deemed terminated and the vacancy must be filled by appointment. If a vacancy occurs after
the ballots for the recall election have been mailed to the voters, the election to fill the vacancy under
Section 4, below, shall nevertheless proceed.
Section 4. Recall elections.
(a) Generally. Recall elections shall be conducted in the same manner as provided generally for regular or
special city elections in this Charter. All Charter provisions related to nomination and qualification of
candidates shall apply to recall elections.
(b) Nominations on recall. Anyone desiring to become a candidate at the recall election shall do so by
nominating petition as required in Article VIII of this Charter. The deadline for filing a nominating petition for
a recall election shall be as established by ordinance of the Council. If more than one (1) officer is sought to
be recalled, then the nominating petition must specify which incumbent the candidate seeks to succeed. The
name of the person against whom the recall petition is filed shall not appear on the ballot as a candidate for
the office.
(c) Ballots. There shall be printed on the official ballot, as to every officer whose recall is to be voted on, the
statement of grounds and, if requested by the affected officer, the officer's statement in defense followed by
the words, "Shall (name of person against whom the recall petition is filed) be recalled from the office of
(__________)?" Following such question shall appear the words, "Yes" indicating a vote in favor of the recall
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and "No" indicating a vote against such recall. On such ballots, under each question, there shall also be
printed the names of those persons who have been nominated as candidates to succeed the person sought
to be recalled. (d) Election results. If a majority of those voting on the question of the recall of any
incumbent from office votes "No," the incumbent continues in office. If a majority votes "Yes" for the
incumbent's removal, the incumbent shall thereupon be deemed removed from his or her office upon the
taking of the oath of office by his or her successor. If the officer is recalled, the candidate for succession
receiving the highest number of votes at the election determined in accordance with Article VIII, Section 7,
shall be declared elected for the remainder of the incumbent's term.
(e) Elected replacement. The candidate elected shall take office upon taking the oath of office, which shall occur
as the first order of business at the next regular or special Council meeting after certification of the election
results. In case the candidate elected fails to qualify by no later than thirty (30) working days after the
issuance of a certificate of election, the candidate with the next highest vote shall be elected, and if there is
no other elected successor who qualifies, the office shall be deemed vacant, and shall be filled by
appointment by the remaining members of the Council, as provided in Article II, Section 18.
(f) Disqualification from office. No person who has been recalled or has resigned after the City Clerk's
presentation to Council of a certified, sufficient petition for recall of such person shall serve the city in any
elected or Council-appointed capacity within two (2) years after such removal or resignation. [MOVED FROM
SECTION 2(d)]
Section 5. Further regulations.
The Council may, by ordinance, make such further rules and regulations as are consistent with this Charter and the
Colorado Constitution in order to carry out the provisions of this Article. [CODE UPDATES ARE NEEDED RELATED TO
RECALL PROCESS WITH OR WITHOUT THESE AMENDMENTS]
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ARTICLE X. INITIATIVE AND REFERENDUM
Part I
Initiative
Section 1. The initiative.
(a) Power. The registered electors of the city shall have the power at their option to propose ordinances or
resolutions to the Council, and, if the Council fails to adopt a measure so proposed, to adopt or reject such
ordinance or resolution at the polls. The procedure for initiative shall must be as provided in this Article.
(b) Commencement of proceedings; notice. One (1) or more registered electors may commence initiative
proceedings by filing with the City Clerk a written notice of intent to circulate an initiative petition. The
notice commencing proceedings shall must contain the full text of the proposed ordinance or resolution and
shall state whether a special election is requested. After such notice has been filed, the City Clerk shall
approve the petition for circulation in accordance with Section 5(b) of this Article. The petition shall be
circulated, signed, verified, and filed in the manner prescribed in Section 5 of this Article.
Section 2. Petitions.
(a) Separate petitions required. A separate petition shall must be circulated and filed for each measure sought
to be initiated or referred to the vote of the electors.
(b) Form and content.
(1) Adoption of form. The Council shall will prescribe by ordinance, upon recommendation of the City
Clerk, a general form of petition which shall contain warnings and notices to signers as necessary.
(2) Petition content.
a. The petition shall must be addressed to Council.
b. An initiative petition shall must contain or have attached to each section throughout its
circulation the full text of the proposed ordinance or resolution and shall contain a general
statement of purpose prepared by the City Clerk in consultation with the City Attorney to fairly
and accurately summarize the proposed ordinance or resolution, without argument or prejudice,
and indicating that the petition is to be circulated in support of the initiated ordinance or
resolution and specifying whether a special election is requested.
c. The petition must designate by name and address three (3) registered electors who shall
represent the signers of the petition in all matters affecting the petition.
d. The petition must contain a full and accurate copy of the text of the initiative.
e. Each section of the petition must contain no less than thirty (30), and no more than one hundred
(100), signature lines.
f. For each petition section, the A circulator of the shall attach to each petition section of the
petition circulated an must sign under oath before a notary public the affidavit of circulator
attached at the end of the petition section. signed by the circulator under oath before a notary
public The affidavit must stating state the following:
(i) the circulator's address of residence;
(ii) that the circulator is eighteen (18) years of age or older;
(iii) that he or she personally circulated the section;
Formatted: Centered
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(iv) that each signature was affixed in the circulator's presence;
(v) that to the best of the circulator's knowledge and belief each signer was at the time of
signing a registered elector of the city;
(vi) that to the best of the circulator's knowledge and belief each signature is the genuine
signature of the person whose name it purports to be;
(vii) that each signer had an opportunity before signing to read the full text of the petition; and
(viii) that the circulator has not paid or offered to pay any money or other thing of value to any
signer for the purpose of inducing or causing the signer to affix his or her signature to the
petition.
(2) Approval of form for circulation.
a. No petition shall may be circulated until the City Clerk has approved the form for circulation.
b. In considering whether to approve the form of a petition, tThe City Clerk shall willfirst determine
evaluate whetherthat the petition form contains all matters required under this Article and only
the matters required by this Article.
c. The City Clerk's approval under this Section shall does not constitute an approval of the content
of the petition or its legality, but rather, shall start the running of the time periods provided for
circulation and filing of petitions.
(3) Petition content. [RELOCATED]
a. The petition shall be addressed to Council.
a. Only registered electors may sign the petitions authorized under this Article.
b. Each signer must sign his or her own signature and each signature shall be followed by the
printed name of the signer, the street and number address of his or her residence, and the date
of signing.
c. No person shall knowingly sign an initiative or referendum petition more than once.
d. In the event that the signature of any person appears more than once on a petition authorized
under this Article, the first signature verified shall be counted and all other signatures of that
person shall be rejected.
(c) Circulation of petition.
(1) To be valid, the petition may must be circulated and signed in sections with each section consisting of
one (1) or more sheets securely fastened at the top, provided that each section contains a full and
accurate copy of the text of the petition and the names and addresses of the designated
representatives for the petition and containing all required elements as described in Section ___.
(2) Only persons eighteen (18) years of age or older may circulate the petition for signatures.
(3) The circulation of any petition by any medium other than personally by a circulator is prohibited. No
person shall may receive any compensation whatever for signing an initiative or referendum petition.
(4) Only registered electors may sign the petitions authorized under this Article.
(5) Each signer must sign his or her own signature and each signature shall be followed by the printed
name of the signer, the street and number address of his or her residence, and the date of signing.
(6) No person shallmay knowingly sign an initiative petition more than once.
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(7) In the event that the signature of any person appears more than once on a petition authorized under
this Article, the first signature verified willshall be counted and all other signatures of that person
willshall be rejected.
(d) Number of signatures required.
(1) The petition must be signed by registered electors of the city equal in number to at least ten (10)
percent of the total ballots cast in the last regular city election., except when
(2) If a special election is requested by the petitioners, the petition must be signed by registered electors
equal in number to at least fifteen (15) percent of the total ballots cast in the last regular city election.
(e) Petition deadlines and submittal.
(1) To be valid, the initiative petition shallmust be filed no later more than sixty (60sixty-three (63)
calendar days after the City Clerk's approval of the form for circulation. at least ninety (90) days prior
to the next regular city election.
If the petition requests a special election in conjunction with a Larimer County Coordinated or General
Election, the City Clerk shall will establish a submittal deadline for the petition that will enable the
measure to be considered at such election, which deadline mustshall be consistent with all pertinent
provisions of the Colorado Revised Statutes governing the conduct of such elections, and, if applicable,
with Article X, Section 20 of the Colorado Constitution. The Clerk will, and shall advise the petition
representatives in writing as to the submittal deadline.
(2) To be valid, aAll petition sections shallmust be filed with the City Clerk together at the same time and
shallthose sections submitted together will collectively constitute the petition.
(3) An initiative petition shallmust be filed with the City Clerk within the requisite time or it will be
deemed null and void.
(2) A petition verified by the valid affidavits of its circulators in each of its sections shall be prima facie evidence
that the signatures thereon are genuine and true. [RELOCATED]
(e) Time limits; petition representatives. Petitions for initiative and referendum shall be filed with the City Clerk
within the requisite time limits or they will be deemed null and void. Each petition shall designate by name
and address three (3) registered electors who shall represent the signers of the petition in all matters
affecting the petition. [RELOCATED]
(f) Sufficiency of petition; amendment.
(1) Examination. Within five (5)fifteen (15) working days of the filing of a petition the City Clerk shall will
ascertain by examination of the petition and the voter registration books records whether the petition
is signed by the requisite number of registered electors and contains the required particulars and
affidavits. A petition verified by the valid affidavits of its circulators in each of its sections shallwill be
prima facie evidence that the signatures thereon are genuine and true. If the petition is insufficient,
the City Clerk shall so certify and forthwith notify all of the designated petition representatives in
writing, specifying the particulars of insufficiency.
(2) Insufficient petition; amendment.
a. If the petition is insufficient, the City Clerk shallmust so certify and forthwith notify all of the
designated petition representatives in writing, specifying the particulars of insufficiency.
[STAFF IS PROPOSING THAT AMENDMENT OF AN INSUFFICIENT INITIATIVE PETITION NOT BE ALLOWED.
STATE STATUTE DOES NOT ALLOW TIME TO CURE AN INSUFFICIENT PETITION. STATE LAW ALLOWS
180 DAYS FOR CIRCULATION OF THE PETITION. THE SIGNATURE REQUIREMENT IS HIGHER.]
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b. If an initiative petition is deemed insufficient, whether following the initial determination by the
City Clerk, or following protest proceedings, it may be amended by the submission of additional
signatures collected after the City Clerk approved the form of the petition and within fifteen (15)
days from the filing of the Clerk’s certificate of insufficiency.
(i) Such signatures must be collected consistent with the requirements for collecting petition
signatures as described in this Article.
(ii) Within five (5) working days after such amendment, the City Clerk shall make examination
of the amended petition and certify the result.
(iii) If the amended petition is still insufficient, or if no amendment was made before the
expiration of the time permitted for amendment, the petition shall be null and void
without prejudice to the filing of a new petition for the same purpose.
(3) Protests.
a. Registered electors desiring to protest a determination by the City Clerk that a petition is either
sufficient or insufficient may file a written protest, under oath, in the office of the City Clerk
within ten (10) seven (7) calendar days of the filing of the petition. The protest shall must set
forth with particularity the grounds of protest and the names any signatures and related defects
in form protested.
b. Upon the filing of a protest, the City Clerk shall will send a copy of the protest to the designated
petition representatives, the City Council and the City Manager. The City Manager shallwill
appoint a hearing officer, who, in conjunction with the City Clerk, shallwill set a time for hearing
such protest, which shall must be no more than seven (7 five (5) working days thereafter the
filing of a protest..
c. At least five (5) working days prior to the hearing, the City Clerk shall will mail a copy of the
protest send a notice of the date, time and location for the hearing and a copy of the protest to
all of the designated petition representatives, the person(s) who filed the protest, and the City
Counciltogether with a notice of the time for hearing.
d. All protest hearings shall will be before a hearing officer appointed by the City Manager. The
hearing officer who shall will have the power to issue subpoenas to compel the attendance of
witnesses and the production of documents.
e. All records and hearings shall will be public, and all testimony shall must be under oath.
f. The hearing shall will be summary in nature and concluded within thirty (30) no later than
twenty (20) working days after the petition protest was filed.
g. The hearing officer shall must decide and certify the results of the hearing within no later than
ten (10) working days after the hearing is concluded, and no further protest regarding the
petition may be filed.
h. The City Clerk shall will make any final determination regarding the sufficiency or insufficiency of
a petition and shallmust base such determination on the protest hearing results issued by the
hearing officer.
(4) Certification and presentation to Council. When and if a petition or amended petition is deemed
sufficient, whether following the sufficiency determination by the City Clerk in the absence of a
protest, or following protest proceedings, the City Clerk shall must so certify and then present the
certified petition to the Council at the next regularly scheduled meeting or special meeting called for
this purpose. The City Clerk's certificate shall will then be abe the final determination as to the
sufficiency of the petition.
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(c) Number of signatures required. The petition must be signed by registered electors of the city equal in
number to at least ten (10) percent of the total ballots cast in the last regular city election, except when a
special election is requested by the petitioners, the petition must be signed by registered electors equal in
number to at least fifteen (15) percent of the total ballots cast in the last regular city election. [RELOCATED]
(d) Petition deadlines. The initiative petition shall be filed no more later than sixty-three (603) calendar days
after the City Clerk's approval of the form for circulation. Unless a special election is requested, the petition
must also be filed at least ninety one hundred and forty (1490) days prior to the next regular city election. If
the petition requests a special election in conjunction with a Larimer County Coordinated or General
Election, the City Clerk shall establish a submittal deadline for the petition that will enable the measure to be
considered at such election, which deadline shall be consistent with all pertinent provisions of the Colorado
Revised Statutes governing the conduct of such elections, and, if applicable, with Article X, Section 20 of the
Colorado Constitution, and shall advise the petition representatives in writing as to the submittal deadline.
[RELOCATED]
Section 3. Action by Council. [CONVERTED TO A SEPARATE SECTION]
(a) Upon presentation of an initiative petition certified as sufficient by the City Clerk, the Council shall must
within twentyhirty-five (325) calendarworking days either (1) adopt the proposed ordinance or resolution
without alteration within thirty (30) days, or (2) submit such proposed measure, in the form petitioned for,
to the registered electors of the city as provided in this subsection.; provided, however, that
(1) In the case of aif the proposed measure that requires voter approval in advance under Article X,
Section 20 of the Colorado Constitution, alternative (1) above shall not be available to the Council and
the proposed measure shall instead bemust submitted the measure to a vote of the registered
electors. If the initiative petition proposing such a measure requests a special election, the proposed
measure shall be submitted to a vote of the registered electors on the first possible date permitted by
Article X, Section 20 of the Colorado Constitution. If a special election is not requested, the proposed
measure shall must be submitted to a vote of the registered electors at the next regular city election
or at the Council’s option, may be submitted to a vote at an earlier special election that meets the
constitutional requirements .
(2) In the case of a proposed measure that does not require voter approval in advance under Article X,
Section 20 of the Colorado Constitution, the proposed measure, if not adopted by the Council under
alternative (1) above, shall must be submitted to a vote of the registered electors at the next regular
city election or at the Council’s option, may be submitted to a vote at an earlier special election. or, iIf
the initiative petition proposing such measure requests a special election, the proposed measure shall
must be submitted to a vote of the registered electors at the next November election for which the
City is able to coordinate an election with the Larimer County Clerk and Recorder, whether a special
election, regardless whether said election is the General Election or the regular election of the city
held in odd years or regular City election.
(b) All ordinances submitted to the Council by initiative petition and adopted by Council without the vote of the
electors shall arebe subject to the referendum in the same manner as other ordinances.
Section __. Council use of initiative and referendum.
The Council may submit any question or proposed ordinance or resolution, or refer any adopted ordinance or
resolution, to the vote of the people at a regular or special election to be conducted in accordance with the
provisions of [fill in correct cross reference] in the same manner and with the same force and effect as is provided
for citizen initiated and referred measures.
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Section __. Repeal or amendment of initiated measure.
An initiated measure submitted to the registered electors of the city by the Council, with or without a petition
therefor, and adopted by electoral vote cannot be repealed or amended except by a subsequent electoral vote.
This provision shall does not apply to ordinances or resolutions adopted by the City Council and referred to the
voters.
Part II
Referendum
Section 4. The referendum.
(a) Power. The registered electors of the city shall have the power at their option to approve or reject at the
polls, any ordinance, or portion of ordinance, adopted by the Council, except ordinances making the annual
property tax levy, making the annual appropriation, calling a special election, or ordering improvements
initiated by petition and to be paid for by special assessments.
(b) Commencement of proceedings.
(1) One (1) or more registered electors may commence referendum proceedings by filing with the City
Clerk within ten (10) calendar days after final passage of the ordinance in question, a notice of protest
against the going into effect of the ordinance. The notice shall be brief and need not state any reasons,
but shall identify the ordinance or part thereof, or code section it proposes to have repealed.
(2) Not later than ten (10) workingcalendar days after the filing of the notice, the proponents shall present
to the City Clerk the final form for the referendum petition conforming to the requirements of the
Article.
(3) If the notice and petition form are timely presented, the City Clerk shall approve the petition form for
circulation, in accordance with Section ___ of this Article.
(4) The petition shall be circulated, signed, verified, and filed in the manner prescribed by Section ___ of
this Article.
Section 2. Petitions. [ALL CHANGES SHOWN UNDER INITIATIVE ACCEPTED, AND ONLY
AMENDMENTS SPECIFIC TO REFERENDUM SHOWN HERE]
(a) Separate petitions required. A separate petition shall be circulated and filed for each measure sought to be
initiated.
(b) Form and content.
(1) Adoption of fForm. The Council shall will prescribe by ordinance, upon recommendation of the City
Clerk, a general form of petition which shall contain warnings and notices to signers as necessary.
(2) Petition content.
a. The petition shallmust be addressed to Council.
b. An initiativeA referendum petition shall must contain a general statement of purpose prepared
by the City Clerk in consultation with the City Attorney to fairly and accurately summarize the
proposed ordinance or resolutionthe ordinance or part thereof sought to be referred, without
argument or prejudice, and indicating that the petition is to be circulated in support of the
initiated ordinance or resolution referendumand specifying whether a special election is
requested.
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c. The petition shallmust designate by name and address three (3) registered electors who shall will
represent the signers of the petition in all matters affecting the petition.
d. The petition shallmust contain a full and accurate copy of the text of the initiative of the
ordinance sought to referred, without any exhibits that may be a part of said ordinance, clearly
identifying the protested portions if only a partial repeal is sought. In the case of an ordinance
exceeding two (2) pages in length, a fair and accurate summary of the ordinance, prepared by the
City Clerk in consultation with the City Attorney willshall replace said ordinance.
e. Each section of the petition shall must contain no less than thirty (30), and no more than one
hundred (100), signature lines.
f. For each petition section, tThe circulator of a the petition section shall must sign under oath
before a notary public the affidavit of circulator attached at the end of the petition section. The
affidavit must stateing the following:
(i) the circulator's address of residence;
(ii) that the circulator is eighteen (18) years of age or older;
(iii) that he or she personally circulated the section;
(iv) that each signature was affixed in the circulator's presence;
(v) that to the best of the circulator's knowledge and belief each signer was at the time of
signing a registered elector of the city;
(vi) that to the best of the circulator's knowledge and belief each signature is the genuine
signature of the person whose name it purports to be;
(vii) that each signer had an opportunity before signing to read the full text of the petition; and
(viii) that the circulator has not paid or offered to pay any money or other thing of value to any
signer for the purpose of inducing or causing the signer to affix his or her signature to the
petition.
(2) Approval of form for circulation.
a. ANo petition shall must not be circulated until the City Clerk has approved the form for
circulation.
b. The City Clerk shall will first determine that the petition form contains all matters required by this
Article and only the matters required by this Article.
c. The City Clerk's approval under this Section shall does not constitute an approval of the content
of the petition or its legality, but rather, shall start the running of the time periods provided for
circulation and filing of petitionsa referendum petition.
(c) Circulation of petition.
(1) The petition may be circulated and signed in sections with each section consisting of one (1) or more
sheets securely fastened at the top, and containing all required elements as described in Section
2(b)(2).
(2) Only persons eighteen (18) years of age or older may circulate the petition for signatures.
(3) The circulation of any petition by any medium other than personally by a circulator is prohibited. No
person shall may receive any compensation whatever for signing an initiative ora referendum petition.
(4) Only registered electors may sign the petitions authorized under this Article.
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(5) Each signer must sign his or her own signature and each signature shall be followed by the printed
name of the signer, the street and number address of his or her residence, and the date of signing.
(6) No person shall may knowingly sign an initiative ora referendum petition more than once.
(7) In the event that the signature of any person appears more than once on a petition authorized under
this Article, the first signature verified shall will be counted and all other signatures of that person shall
will be rejected.
(d) Number of signatures required.
(1) The petition must be signed by registered electors of the city equal in number to at least ten (10)
percent of the total ballots cast in the last regular city election.
(2) If a special election is requested by the petitioners, the petition must be signed by registered electors
equal in number to at least fifteen (15) percent of the total ballots cast in the last regular city election.
(e) Petition deadlines and submittal.
(1) The initiative petition shall be filed no more than sixty-three (63))twenty-one (21) calendar days after
the City Clerk's approval of the form for circulation. and at least ninety (90) one hundred and forty
(140) days prior to the next city election.
(2) If the petition requests a special election in conjunction with a Larimer County General Election, the
City Clerk shall establish a submittal deadline for the petition that will enable the measure to be
considered at such election, which deadline shall be consistent with all pertinent provisions of the
Colorado Revised Statutes governing the conduct of such elections, and, if applicable, with Article X,
Section 20 of the Colorado Constitution, and shall advise the petition representatives in writing as to
the submittal deadline.
(2) All petition sections shall be filed with the City Clerk together at the same time and shall collectively
constitute the petition.
(3) An initiativeA referendum petition shall be filed with the City Clerk within the requisite time or it will be
deemed null and void.
(f) Sufficiency of petition; amendment.
(1) Examination. Within fifteen (15) working days of the filing of a petition the City Clerk shall will ascertain
by examination of the petition and voter registration records whether the petition is signed by the
requisite number of registered electors and contains the required particulars and affidavits. A petition
verified by the valid affidavits of its circulators in each of its sections shall will be prima facie evidence
that the signatures thereon are genuine and true.
(2) Insufficient petition; amendment.
[STAFF IS PROPOSING THAT AMENDMENT OF AN INSUFFICIENT REFERENDUM PETITION NOT BE ALLOWED. STATE
STATUTE DOES NOT ALLOW TIME TO CURE AN INSUFFICIENT PETITION. STATE LAW ALLOWS 30 DAYS FOR
CIRCULATION OF THE PETITION. THE SIGNATURE REQUIREMENT IS STATE LAW IS HIGHER (AT LEAST 5% OF THE
REGISTERED ELECTORS OF THE MUNICIPALITY ON THE DATE OF FINAL PUBLICATION OF THE ORDINANCE.]
a. If the petition is insufficient, the City Clerk shall will so certify and forthwith notify all of the
designated petition representatives in writing, specifying the particulars of insufficiency.
b. If an initiative petition is deemed insufficient, whether following the initial determination by the
City Clerk, or following protest proceedings, it may be amended by the submission of additional
signatures collectedafter the City Clerk approved the form of the petition and no later than
fourteen (14) calendar days after the Clerk’s certificate of insufficiency.
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(i) Such signatures must be collected consistent with the requirements for collecting petition
signatures as described in this Article.
(ii) Within ten (10) working days after such amendment, the City Clerk shall make examination
of the amended petition and certify the result.
(iii) If the amended petition is still insufficient, or if no amendment was made before the
expiration of the time permitted for amendment, the petition shall be null and void
without prejudice to the filing of a new petition for the same purpose.
(3) Protests.
a. Registered electors desiring to protest a determination by the City Clerk that a petition is either
sufficient or insufficient may file a written protest, under oath, in the office of the City Clerk
within ten (10) seven (7) calendar days of the City Clerk’s preliminary determination as to
sufficiency of the petition. The protest shall must set forth with particularity the grounds of
protest and any signatures and related defects in form protested.
b. Upon the filing of a protest, the City Clerk shall will send a copy of the protest to the designated
petition representatives, the City Council and the City Manager. The City Manager shall will
appoint a hearing officer, who, in conjunction with the City Clerk, shall will set a time for hearing
such protest, which shall must be no more than ten (10) working days after the filing of a protest.
c. At least five (5) working days prior to the hearing, the City Clerk shall will send a notice of the
date, time and location for the hearing and a copy of the protest to all of the designated petition
representatives, the person(s) who filed the protest, and the City Council.
d. All protest hearings shall will be before a hearing officer appointed by the City Manager. The
hearing officer shall will have the power to issue subpoenas to compel the attendance of
witnesses and the production of documents.
e. All records and hearings shall will be public, and all testimony shall must be under oath.
f. The hearing shall will be summary in nature and concluded no later than twenty (20) working
days after the protest was filed.
g. The hearing officer shall must decide and certify the results of the hearing no later than ten (10)
working days after the hearing is concluded, and no further protest regarding the petition may be
filed.
h. The City Clerk shall will make any final determination regarding the sufficiency or insufficiency of
a petition and shall must base such determination on the protest hearing results issued by the
hearing officer.
(4) Certification and presentation to Council. When and if a petition or amended petition is deemed
sufficient, whether following the sufficiency determination by the City Clerk in the absence of a
protest, or following protest proceedings, the City Clerk mustshall so certify and then present the
certified petition to the Council at the next regularly scheduled meeting or special meeting called for
this purpose. The City Clerk's certificate shall will be the final determination as to the sufficiency of the
petition.
[THE FOLLOWING DELETED PROVISIONS HAVE BEEN RELOCATED.]
(c) Number of signatures required. The petition must be signed by registered electors of the city equal in
number to at least ten (10) percent of the total ballots cast in the last regular city election.
(d) Petition deadlines. The referendum petition shall be filed within no later than twenty-one (210) calendar
days after the City Clerk's approval of the petition for circulation. If a completed petition is not subsequently
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filed within the requisite time after the City Clerk's approval of the petition for circulation, the referendum
effort is null and void and the petition shall not be circulated further.
(e) Action by Council.
(1) The City Clerk's certification of a petition as sufficient for referendum automatically suspends the
operation of the ordinance in question, or portion sought to be repealed, pending repeal by Council or
final determination by the electors.
(2) The Council shall either refer the ordinance or portion thereof that is the subject of the petition to the
voters, as set forth below, or reconsider the ordinance at the next regular meeting of the Council, or at
an earlier special meeting of the Council called for this purpose, following the receipt of the
certification of the petition by the City Clerk, and shall adopt an ordinance to repeal the ordinance in
question, or part sought to be repealed, on first reading, with second reading no later thanat the next
regular meeting.
(3) If the ordinance, or that part sought to be repealed, is not repealed by final action on such repealing
ordinance, the Council must refer the same to a vote of the registered electors at the next regular or
special city election scheduled for any other purpose. Alternatively, the Council may call a special
election for that specific purpose.
Section 5. Petitions. [RELOCATED AND REWRITTEN TO MATCH INITIATIVE]
(a) Separate petitions required. A separate petition shall be circulated and filed for each measure sought to be
initiated or referred to the vote of the electors.
(b) Form and content.
(1) Approval of form for circulation.
a. No petition shall be circulated until the City Clerk has approved the form for circulation.
b. The City Clerk shall first determine that the petition form contains only the matters required by
this Article.
c. The Council shall prescribe by ordinance, upon recommendation of the City Clerk, a general form
of petition which shall contain warnings and notices to signers as necessary.
d. The City Clerk's approval under this Section shall not constitute an approval of the content of the
petition, but rather, shall start the running of the time periods provided for circulation and filing
of petitions.
(2) Petition content.
a. The petition shall be addressed to Council.
b. An initiative petition shall contain or have attached to each section throughout its circulation the
full text of the proposed ordinance or resolution and shall contain a general statement of
purpose prepared by the City Clerk in consultation with the City Attorney to fairly and accurately
summarizinge the proposed ordinance or resolution, without argument or prejudice, and
indicating that the petition is to be circulated in support of the initiated ordinance or resolution
and specifying whether a special election is requested.
c. A referendum petition shall contain or have attached to each section throughout its circulation
the full text of the ordinance sought to be referred, clearly identifying the protested portions if
only a partial repeal is sought. In the case of bond ordinancesan ordinance exceeding two (2)
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pages in length, the full text of the ordinance need not be set forth but the petition shall contain
or have attached to each section throughout its circulation the title and a fair and accurate
summary of the ordinance in question as prepared by the City Clerk in consultation with the City
Attorney.
(3) Signatures.
a. Only registered electors may sign the petitions authorized under this Article.
b. Each signer must sign his or her own signature and each signature shall be followed by the
printed name of the signer, the street and number address of his or her residence, and the date
of signing.
c. No person shall knowingly sign an initiative or referendum petition more than once.
d. In the event that the signature of any person appears more than once on a petition authorized
under this Article, the first signature verified shall be counted and all other signatures of that
person shall be rejected.
(c) Circulation of petition.
(1) The petition may be circulated and signed in sections with each section consisting of one (1) or more
sheets securely fastened at the top, provided that each section contains a full and accurate copy of the
text of the petition and the names and addresses of the designated representatives for the petition.
(2) All sections shall be filed as one (1) instrument.
(3) Only persons eighteen (18) years of age or older may circulate the petition for signatures.
(4) The circulation of any petition by any medium other than personally by a circulator is prohibited. No
person shall receive any compensation whatever for signing an initiative or referendum petition.
(d) Affidavit of circulator.
(1) A circulator shall attach to each section of the petition circulated an affidavit signed by the circulator
under oath before a notary public stating the following:
(i) the circulator's address of residence;
(ii) that the circulator is eighteen (18) years of age or older;
(iii) that he or she personally circulated the section;
(iv) that each signature was affixed in the circulator's presence;
(v) that to the best of the circulator's knowledge and belief each signer was at the time of signing a
registered elector of the city;
(vi) that to the best of the circulator's knowledge and belief each signature is the genuine signature
of the person whose name it purports to be;
(vii) that each signer had an opportunity before signing to read the full text of the petition; and
(viii) that the circulator has not paid or offered to pay any money or other thing of value to any signer
for the purpose of inducing or causing the signer to affix his or her signature to the petition.
(2) A petition verified by the valid affidavits of its circulators in each of its sections shall be prima facie
evidence that the signatures thereon are genuine and true.
(e) Time limits; petition representatives. Petitions for initiative and referendum shall be filed with the City Clerk
within the requisite time limits or they will be deemed null and void. Each petition shall designate by name
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and address not less than three (3) nor more than five (5) registered electors who shall represent the signers
of the petition in all matters affecting the petition.
(f) Sufficiency of petition; amendment.
(1) Examination. Within fifteenfive (15) working days of the filing of a petition the City Clerk shall ascertain
by examination of the petition and the registration books whether the petition is signed by the
requisite number of registered electors and contains the required particulars and affidavits. If the
petition is insufficient, the City Clerk shall so certify and forthwith notify all of the designated petition
representatives in writing, specifying the particulars of insufficiency.
(2) Insufficient petition; amendment.
(i) If an initiative petition is deemed insufficient, whether following the initial determination by the
City Clerk, or following protest proceedings, it may be amended by the submission of additional
signatures collected after the City Clerk approved the form of the petition and within fifteen (15)
no later than fourteen (14) calendar days from after the filing of the Clerk's issuance of the
certificate of insufficiency.
(A) Such signatures must be collected consistent with the requirements for collecting petition
signatures as described in this Article.
(B) Within tenfive (105) working days after such amendment, the City Clerk shall make
examination of the amended petition and certify the result.
(C) If the amended petition is still insufficient, or if no amendment was made before the
expiration of the time permitted for amendment, the petition shall be null and void
without prejudice to the filing of a new petition for the same purpose.
(ii) If a referendum petition is deemed insufficient, it may be amended by the submission of
additional signatures collected consistent with the requirements of this Article, but to be
considered, any additional signatures must be submitted within the twenty-one (21) calendar day
circulation period after the City Clerk's approval of the petition form for circulation.
(A) Such signatures must be collected consistent with the requirements for collecting petition
signatures as described in this Article.
(B) Within five (5) working days after such amendment, the City Clerk shall make like
examination of the amended petition and certify the result.
(C) If the amended petition is still insufficient, or if no amendment was made before the
expiration of the time permitted for amendment, said referendum petition is null and void
and a new petition may not thereafter be filed for referendum of the same ordinance.
(3) Protests.
(i) Registered electors desiring to protest a determination by the City Clerk that a petition is either
sufficient or insufficient may file a written protest, under oath, in the office of the City Clerk
within ten (10) (5) days of the filing ofas to the petition. The protest shall set forth with
particularity the grounds of protest and the namesany signatures and related defects in form
protested.
(ii) Upon the filing of a protest, the City Clerk shall set a time for hearing such protest, which shall be
no more than seven (7)ten10 working days thereafter.
(iii) At least five (5) working days prior tobefore the hearing, the City Clerk shall , timelocation and a
copy of the protestmail a copy of the protest to all of the designated petition representatives
together with a notice of the time for hearing.
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(iv) All protest hearings shall be before a hearing officer appointed by the City Manager. The hearing
officer who shall have the power to issue subpoenas to compel the attendance of witnesses and
the production of documents.
(v) All records and hearings shall be public, and all testimony shall be under oath.
(vi) The hearing shall be summary in nature and concluded within no later than thirty twenty-five
(3025) working days after the petition was filed.
(vii) The hearing officer shall decide and certify the results of the hearing within no later than ten (10)
working days after the hearing is concluded, and no further protest regarding the petition may be
filed.
(viii) The City Clerk shall make any final determination regarding the sufficiency or insufficiency of a
petition and shall base such determination on the protest hearing results certified issued by the
hearing officer.
(ix) A petition for referendum thatwhich has been deemed insufficient after protest may not be
amended or circulated further and no further protest regarding the petition may be filed.
(4) Certification and presentation to Council. When and if a petition or amended petition is deemed
sufficient, whether following the sufficiency determination by the City Clerk in the absence of a
protest, or following protest proceedings, the City Clerk shall so certify and then present the certified
petition to the Council at the next regularly scheduled meeting or special meeting called for this
purpose. The City Clerk's certificate shall then be a final determination as to the sufficiency of the
petition.
Section 8. Action by Council. [SPLIT FROM INITIATIVE AND TURNED INTO A SECTION]
(a) The City Clerk's certification of a petition as sufficient for referendum automatically suspends the operation
of the ordinance in question, or portion sought to be repealed, pending repeal by Council or final
determination by the electors.
(b) Following receipt of the City Clerk’s certification of a petition as sufficient for referendum, tThe Council shall
must either refer the ordinance or portion thereof that is the subject of the petition to the voters, as set
forth below, or reconsider the ordinance at the next regular meeting of the Council, or at an earlier special
meeting of the Council called for this purpose, following the receipt of the certification of the petition by the
City Clerk, and shall adopt an ordinance to repeal the ordinance in question, or part sought to be repealed,
on first reading, with second reading no later thanat the next regular meeting.
(c) If the ordinance, or that part sought to be repealed, is not repealed by final action on such repealing
ordinance, the Council must refer the same to a vote of the registered electors at the next regular or special
city election scheduled for any other purpose for which election process requirements can be met.
Alternatively, the Council may call a special election for that specific purpose if the City Clerk determines that
?????.
Section 9. Council use of initiative and referendum.
The Council may submit any question or proposed ordinance or resolution, or refer any adopted ordinance or
resolution, to the vote of the people at a regular or special election to be conducted in accordance with the
provisions of [fill in correct cross reference].
Part III
In General
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Section 10. Elections.
(a) Generally. Elections on initiative and referendum measures shall must be conducted in the same manner as
provided generally for regular or special city elections in this Charter.
(b) Ballots text. Upon ordering an election on any initiative or referendum measure, the Council shallmust, after
public hearing, adopt by resolution a ballot title and submission clause for each measure. The ballot title
shallmust contain information identifying the measure as a city initiated or referred measure or a citizen
initiated or referred measure. The submission clause shall must be brief, shall must not conflict with those
selected for any petition previously filed for the same election, and shall must unambiguously state the
principle of the provision sought to be addedconsidered. The official ballot used when voting upon each
proposed or referred measure shall must have printed on it the ballot title and submission clause and shall
contain the words, "Yes/For" and "No/Against" in response to each measure.
(c) Publication; notice of election.
(1) Initiative. An initiated measure being considered for adoption by Council shallmust be published as part
of the appropriate Council meeting agenda in like manner as other proposed ordinances and
resolutions. If the initiated measure is submitted to a vote of the people, the City Clerk shall must
publish a notice of election in conformity with the laws of the State of Colorado relating to municipal
elections, together with the ballot title, submission clause and full text of the proposed ordinance or
resolution. The text of a successful initiative measure need not be published in full after the election.
(2) Referendum. If the referred measure is to be submitted to a vote of the people, the City Clerk shall
must publish a notice of election in conformity with the laws of the State of Colorado relating to
municipal elections, together with the ballot title, submission clause and full text of the referred
ordinance, specifying the portion to be referred if only a portion of the ordinance has been referred. If
the ordinance in question is a bond ordinanceexceeds two (2) pages in length, the summary from the
petition may be published in place of the full text. The City Clerk will make the full text of a referred
ordinance, together with all exhibits, generally available to the public. The full text of an ordinance
passed on referendum need not be published after the election.
(d) Election results. If a majority of the registered electors voting on the initiated measure vote in favor, the
measure is adopted as an ordinance or resolution of the city upon certification of the election results. If a
majority of the registered electors voting on a referred ordinance, vote in favor of the referred ordinance, or
referred portion of the ordinance, such referred ordinance or portion thereof shall go into effect without
further publication upon certification of the election results, or at such later date as may be set forth in the
ordinance itself. If the provisions of two (2) or more proposed or referred measures adopted or approved at
the same election conflict, the measure receiving the highest affirmative vote shall will become effective.
(e) Frequency of elections. Any number of proposed ordinances or resolutions or referred ordinances may be
submitted at the same election. Not more than one (1) special election on citizen-initiated measures shall be
held in any twelve (12) months. This limitation does not apply to the Council which on its own motion may at
any time call a special election for the purpose of considering any measure initiated, or adopted and
referred, by the Council.
Section 11. Further regulations.
The Council may, by ordinance, make such further rules and regulations as are consistent with this Charter and the
Colorado Constitution in order to carry out the provisions of this Article.
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Section F, Item 2.
Headline Copy Goes Here
Heather Walls, Interim City Clerk
Rita Knoll, Chief Deputy City Clerk
Carrie Daggett, City Attorney
Elections Code
Committee
Charter
Amendments
May 29, 2024
- Page 32 -
Section F, Item 2.
Headline Copy Goes Here
2
Modernization of Language
•All “shall” references will be replaced with “will”, “must” or “may” depending on
context.
•All “he or she” references will be replaced with “they/their.”
•Change references to “mail” correspondence to “send” correspondence to allow for
electronic mail.
oThe Clerk’s Office would request preferred method of communication in the
beginning of a process.
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Section F, Item 2.
Headline Copy Goes Here
3
Computation of Time
•Propose to add to each Article under discussion.
•Deadlines will be at the end of regular business hours.
•“no fewer than”, “no later than” or “at least” a certain number of days “prior to” or
“before” the date of an event or proceeding, ….the period is shortened to and ends
on the prior business day that is not a weekend or legal holiday.
•The first day of any period is excluded.
•The last day of any period is included unless it is a weekend of legal holiday.
•If weekend or legal holiday, period will be extended to the next business day.
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Section F, Item 2.
Headline Copy Goes Here
4
Timing of Election Events
•Processes required by internal staff would generally be set at increments of 5
business (or working) days
•Processes required by external individuals or groups would generally be set at
increments of 7 calendar days
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Section F, Item 2.
Headline Copy Goes Here
5
Potential Charter Amendments
Article VIII.ELECTIONS
Section 4 –Sufficiency of petition notification within 5 business (or working)days.
Section 7 –Reduces elected candidate time period to qualify for office from 60 days to 30 days
Additional changes related to computation of time and modernization of language
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Section F, Item 2.
Headline Copy Goes Here
6
Recall Timeline
Election Date Timeframe
60-90 days Earliest possible Tuesday
Council Sets Date of Election
Next regular or special meeting No change proposed
Insufficient Petition remedy
Additional 15 days None
Determination of Sufficiency
5 business (or working) days 15 business (or working) days
Petition circulated
30 days 28 calendar days (42 days for Mayor)
Clerk Approves Form of Petition
Within 10 days Within 5 business (or working) days
Petitioner submits a petition for recall
Within 10 days 7 calendar days
Officer’s Defense Due
Within 5 days Within 7 calendar days
Officer Notified
Within 48 hours Within 2 business (or working) days
Petitioner Files Affidavit
Current
Provision
Proposed
Provision
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Section F, Item 2.
Headline Copy Goes Here
7
Additional Recall Changes
Staff Proposal Municipal Election Code Uniform Election Code
Signature Requirement At least 25% of the entire vote
cast at last preceding regular city
election for all candidates for the
office in question [current]
Same Same
Days to Circulate 28 calendar days for Council, 42
days for Mayor
60 60
Cure None 15 days after determination of
insufficiency and only by the
addition of required info relating to
the signers of the petition or the
circulator affidavits
Can cure errors and
insufficiencies regarding circulator
affidavits –5 calendar days after
notification by DEO of errors
Timing of Election Earliest possible Tuesday that
allows the City Clerk sufficient
time to meet all legal, logistical,
and technical requirements
applicable to the conduct of an
election. No less than 75 days
prior to regular election.
Not less than 30 days nor more
than 90 days from submission to
the Council. If regular election is
to be held within 180 days after
submission to Council, it must be
held as part of the regular
election.
Not less than 30 days nor more
than 90 days from submission to
the Council. If regular election is
to be held within 120 days after
submission to Council, it must be
held as part of the regular
election.
Blackout period Actually held office for 1 year, nor
within 6 months of the end of such
term.
6 months after officer has actually
held office (petition cannot be
circulated earlier); petition cannot
be circulated or filed if office is up
for election within 6 months
Actually held office for 6 months
following the last election; petition
cannot be circulated or filed if
office is up for election within 6
months
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Section F, Item 2.
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8
Initiative Timeline
Election Date Timeframe
60-90 days Earliest workable November election
Council adopts proposed ordinance or submits to registered electors
35 calendar days 25 business (or working) days
Insufficient Petition remedy
Additional 15 days None
Determination of Sufficiency
5 business (or working) days 15 business (or working) days
Petition circulated
60 days 63 calendar days
Clerk Approves Form of Petition
Petitioner Files Notice of Intent
Current
Provision
Proposed
Provision
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Section F, Item 2.
Headline Copy Goes Here
9
Additional Initiative Changes
Staff Proposal Municipal Election Code Uniform Election Code
Signature Requirement At least 10% of the total ballots
cast in the last regular city election
5% of registered voters on date of
notice of intent –No provision for
forcing a special election by
collecting additional signatures
5% of the total number of votes
cast for all candidates for the office
of secretary of state at the
previous general election
Days to Circulate 63 calendar days 180 days 6 months from date titles and
submission clause have been fixed
and no later than 3 months before
the election
Cure None No cure period Can cure errors and insufficiencies
regarding circulator affidavits –5
calendar days after notification by
SOS of errors
Timing of Election Earliest workable November
election
At a regular or special election not
less than 60 and not more than
150 days after final determination
of petition sufficiency
Targeted election
Amount of time to check
signatures
15 business (or working) days 30 calendar days 30 calendar days
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Section F, Item 2.
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10
Referendum Timeline
Election Date Timeframe
60-90 days Next regular or special election
Council reconsiders ordinance or refers it to voters
Next regular or special meeting No change proposed
Insufficient Petition remedy
Within original 20-day circulation period None
Determination of Sufficiency
5 business (or working) days 15 business (or working) days
Petition circulated
20 days 21 calendar days
Clerk Approves Form of Petition
Within 10 days Within 10 business (or working) days
Proponents present final form of petition
10 business (or working) days 10 calendar days
Petitioner Files Notice of Protest
Current
Provision
Proposed
Provision
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Section F, Item 2.
Headline Copy Goes Here
11
Additional Referendum Changes
Staff Proposal Municipal Election Code Uniform Election Code
Signature Requirement At least 10% of the total ballots
cast in the last regular city election
5% of reg voters on date of notice
of intent
5% of the total number of votes
cast for all candidates for the office
of secretary of state at the
previous general election
Days to Circulate 21 calendar days 30 days 6 months from date titles and
submission clause have been fixed
and no later than 3 months before
the election
Cure None No cure available Can cure errors and insufficiencies
regarding circulator affidavits –5
calendar days after notification by
SOS of errors
Timing of Election Next regular or special city
election scheduled for any other
purpose for which election
process requirements can be met
At a regular or special election not
less than 60 and not more than
150 days after final determination
of petition sufficiency
Targeted election
Amount of time to check
signatures
15 business (or working) days 30 calendar days 30 calendar days
- Page 42 -
Section F, Item 2.
Headline Copy Goes Here
12
Protest Hearings
Certification of protest hearing results
Within 10 days 5 business (or working) days
Protest Hearing to be concluded
Within 30 days of filing No later than 20 business (or working)
days of filing
Send Protest Hearing Notice
At least 5 days prior to hearing date At least 5 business (or working) days prior
to hearing date
Set Protest Hearing Date
Within 7 days of filing of protest 10 business (or working) days
Protest Filing
10 days of petition filing 7 calendar days of petition certificationCurrent
Provision
Proposed
Provision
- Page 43 -
Section F, Item 2.
Headline Copy Goes Here
2024 Work Plan
- Page 44 -
Section F, Item 2.
Headline Copy Goes Here
14
2024 Work Plan
- Page 45 -
Section F, Item 2.
ELECTION CODE COMMIT TEE
2024 WORK PLAN
Committee
Discussion
Council Meetings Scheduling Notes
1. Charter Amendments
for November 2024
Ballot
May Committee
Meetings
1st Reading July 2
2nd Reading July 16
Summer Break – 7/23 – 8/6
Article VIII
Article IX
Article X
2. Campaign Finance August and September
Committee Meetings
October 8 Work Session
1st Reading November 4
2nd Reading November
18
Budget session #3 on October 8 tends to be
shorter so a possible option for a work session on
10/8 - best to get done during 2024 due to timing
of election activities for November 2025
3. Education for Ranked
Choice Voting
January and February
Committee Meetings
March Work Session
Council TBD
Winter Break 12/18 – 1/4
4. Additional Charter
Amendments?
Article II –
Vacancies
Article IV - General
Provisions
TBD
5. Oversight Committee
TBD
6. Public Financing of
Campaigns
TBD
- Page 46 -
Section G, Item 3.