HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/21/2004 - FIRST READING OF ORDINANCE NO. 200, 2004, AMENDING ITEM NUMBER: 15
AGENDA ITEM SUMMARY DATE: December 21, 2004
FORT COLLINS CITY COUNCIL STAFF: Steve Roy
Wanda Krajicek
SUBJECT
Ordinance No. 200, 2004, Amending Chapter 7 of the City Code so as to Add a New Section
Relating to Identifying Circulators of Petitions.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY
Article X, Section 5 of the City Charter and Chapter 7,Article VI of the City Code establish certain
regulations and requirements pertaining to the content and circulation of petitions and the affidavits
of petition circulators. Currently,neither the City Charter nor the City Code requires that the status
of petition circulators be identified as being either volunteer or paid. This Ordinance would amend
the City Code to impose such a requirement.
BACKGROUND
The Colorado Constitution, state election law, the City Charter, and the City Code prescribe the
manner in which the powers of initiative and referendum may be exercised with regard to City
elections. The use of the initiative and referendum powers is a fundamental basis of the democratic
form of government. The conduct of local elections is a matter of local concern and if there is any
conflict between state and local law on this subject, the local law prevails.
State election law requires that circulators wear identification badges identifying their names, their
status as unpaid volunteer circulators or paid circulators, and in the case of a paid circulators, the
name and telephone number of the individual paying the circulators. The U.S. Supreme Court has
determined that requiring disclosure of circulators' names is not constitutionally permissible.
Therefore, this Ordinance would amend the City Code to add only the latter requirements (having
to do with volunteer or paid status). These requirements would allow the citizens of Fort Collins to
know the level of grassroots support for a given measure and they would help ensure the integrity
and reliability of the petition process. Also, citizens would have another source of information if a
circulator is unable to answer questions regarding the petition.
ORDINANCE NO . 200, 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 ADD A NEW SECTION
RELATED TO IDENTIFYING CIRCULATORS OF PETITIONS
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 VIII, 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 Charter sets out, in Article X, 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 enough
registered voters wish to have the initiated or referred measure placed on the ballot at a City
election; and
WHEREAS , Article X, 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 , currently, neither the City Charter nor the City Code requires that the status
of petition circulators be identified as being either volunteer or paid; and
WHEREAS , the State election law does require that circulators wear identification
badges identifying their name, their status as unpaid volunteer circulators or paid circulators, and
in the case of paid circulators, the name and telephone number of the individual paying the
circulators ; and
WHEREAS , the City Council believes it to be in the best interests of the residents of the
City to require, by ordinance, that all petition circulators wear badges showing : (a) the
circulators ' status as either volunteer circulators or paid circulators, and, (b) if paid, the name
and telephone number of the individual or entity paying the circulator; and
WHEREAS , the City Council believes that such a requirement would: (a) help ensure the
integrity and reliability of the petition process, (b) indicate the level of grassroots support for a
given measure, and (c) provide another source of information if a circulator is unable to answer
questions regarding the petition.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF FORT COLLINS that Chapter 7 of the City Code is hereby amended to add a new section as
follows :
Sec. 7- 157. Circulator requirements.
Any person circulating a petition approved for circulation by the City Clerk
shall wear a badge containing the following information:
a. For all circulators who are not to be paid for circulating petitions
concerning ballot issues, the words "VOLUNTEER CIRCULATOR"
shall be displayed in bold-faced type which is clearly legible ;
b . For all circulators who are to be paid for circulating petitions
concerning ballot issues, the words "PAID CIRCULATOR, " together
with the name and telephone number of the individual or entity
employing the circulator, shall be displayed in bold-faced type which
is clearly legible .
Introduced, considered favorably on first reading, and ordered published this 21 st day of
December, A.D . 2004, and to be presented for final passage on the 4th day of January, A.D .
2005 .
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading this 4th day of January, A . D . 2005 .
Mayor
ATTEST :
City Clerk