HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/17/2004 - FIRST READING OF ORDINANCE NO. 136, 2004, AMENDINGAGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL
ITEM NUMBER: 28
DATE: August 17, 2004
STAFF: Steve Roy
SUBJECT
First Reading of Ordinance No. 136, 2004, Amending Chapter 7 of the City Code so as to Include
a New Article 7 Pertaining to Election Offenses.
RECOMMENDATION
None.
EXECUTIVE SUMMARY
This Ordinance would prohibit knowing and willful misrepresentations by the circulators of
initiative or referendum petitions.
BACKGROUND
Under the State Constitution, home rule municipalities may adopt local laws governing matters
related to local elections. The City Charter requires that each initiative or referendum petition
contain a purpose statement and that the entire text of the initiated or referred measure be attached
to the petition. However, neither the purpose statement nor the entire measure appears on each
signature page of the petition. Therefore, it is possible that persons signing a petition may not fully
understand the purpose of the measure and may be misled by representatives of the petition
circulator.
An issue arose during a recent local election in which representations made by the circulator of an
initiative petition were arguably inconsistent with the stated purposes of the petition. This
Ordinance would prohibit any petition circulator from knowingly and willfully misrepresenting the
purpose of an initiated or referred measure that is the subject of a petition, or the issues to be
submitted to the electorate regarding the initiated or referred measure, in order to better ensure that
persons signing such petitions are not misled in any way.
ORDINANCE NO. 136, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 7 OF THE CODE OF THE CITY OF
FORT COLLINS SO AS TO INCLUDE A NEW ARTICLE 7
PERTAINING TO ELECTION OFFENSES
WHEREAS, under Article 20, Section 6 of the Colorado Constitution, home rule cities such
as the City of Fort Collins are authorized to legislate upon, provide, regulate, conduct and control
all matters pertaining to municipal elections within their municipal boundaries; and
WHEREAS, under Article 8, Section 1 of the City Charter, the Council is to provide by
ordinance for the manner of holding City elections, and, if a particular matter regarding elections
is not covered by the Charter or ordinances of the City or by the State constitution, then such matter
is to be governed by the laws of the State of Colorado relating to municipal elections; and
WHEREAS, the City's Charter prescribes, in Article 10, the manner in which the power of
initiative and referendum may be exercised with regard to City elections; and
WHEREAS, such Charter provisions require that, with regard to both initiated and referred
measures, petitions be circulated among registered voters to determine whether a sufficient number
of registered voters wishes to have the initiated or referred measure placed on the ballot at a City
election; and
WHEREAS, Article 10, Section 5 of the Charter establishes certain regulations and
requirements pertaining to the content and circulation of petitions and the affidavits of petition
circulators; and
WHEREAS, neither the City Charter, nor the State election laws, prohibits the circulators
of petitions from misrepresenting the purpose of the petition; and
WHEREAS, the City Council believes it to be in the best interests of the residents of the City
that no petition circulator make any false or misleading statement about an initiative or referendum
petition.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that a new Article VI is hereby added to Chapter 7 of the City Code to read in its entirety
as follows:
ARTICLE VII. ELECTION OFFENSES
Sec. 7-165. Misrepresentations by petition circulators.
No circulator of a petition approved for circulation by the City Clerk under
Article X, Section 5 of the City Charter shall knowingly and wilfully misrepresent
to any person, through statements, acts, or omissions, the purpose of the initiated or
referred measure that is the subject of the petition, or the issues to be submitted to
the electorate regarding the initiated or referred measure.
Introduced and considered favorably on first reading and ordered published this 17th day of
August, A.D. 2004, and to be presented for final passage on the 7th day of September, A.D. 2004.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 7th day of September, A.D. 2004.
Mayor
ATTEST:
City Clerk