HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/17/2006 - FIRST READING OF ORDINANCE NO. 165, 2006, ESTABLIS ITEM NUMBER: 18
AGENDA ITEM SUMMARY DATE: October 17, 2006
FORT COLLINS CITY COUNCIL STAFF: Wanda Krajicek
SUBJECT
First Reading of Ordinance No. 165, 2006, Establishing Local Provisions for the Conduct of Mail
Ballot Elections.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
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EXECUTIVE SUMMARY
This Ordinance establishes local provisions for the conduct of mail ballot elections in Fort Collins
and supersedes Title 1, Article 7.5 of the Colorado Revised Statutes, as well as any rules and
regulations promulgated by the Secretary of State regarding mail ballot elections.
BACKGROUND
In 1990, the state legislature enacted the Mail Ballot Election Act (Title 1, Article 7.5, C.R.S),
effective January 1, 1991. In doing so, the legislature declared mail ballot elections to be cost-
efficient and determined that mail ballot elections have not resulted in increased fraud.
The City of Fort Collins conducted its first mail ballot election in 1995, and has exclusively used
mail ballot for all of its elections (except those coordinated with Larimer County) since then. The
use of mail ballots has proven to significantly increase voter turnout:
Year Polling Place Year Mail Ballot
1977 19.52% 1995 42.07%
1979 61.08% 1997 25.04%
1981 23.55% 1999 58.48%
1983 35.44% 2001 35.21%
1985 17.17% 2003 51.26%
1987 20.12% 2005 43.46%
1989 14.92%
1991 24.38%
1993 17.91%
Note: A key ballot issue in 1979 was legalization of marijuana.
October 17, 2006 -2. Item No. 18
Article XX, Section 6 of the Colorado Constitution gives home rule municipalities the power to
regulate and control all matters pertaining to municipal elections. The citizens of Fort Collins have
previously exercised that power by enacting local provisions relating to initiative and referendum.
In 2000, the Council enacted local campaign finance provisions, superseding the state's Fair
Campaign Practices Act.
This Ordinance further establishes local control over elections by enacting provisions relating to the
conduct of mail ballot elections. The provisions in this Ordinance are similar in many ways to the
provisions contained in the Mail Ballot Election Act. However,continual legislative changes to the
Mail Ballot Election Act and the rules and regulations promulgated by the Secretary of State
regarding the conduct of mail ballot elections have resulted in conflicting provisions and the
imposition of regulations which unnecessarily complicate the conduct of municipal elections and
inflate the cost of an election.
For example, prior to the City's regular election in April 2005, the Secretary of State changed the
rules to require that a secrecy envelope be sealed on at least two sides. Previously, the requirement
to have a secrecy envelope could be satisfied by having a ballot which, when folded as instructed,
would conceal the votes. All of the City's ballots since 1995 have required using only the front side
of the ballot to list the candidates and issues. The back side of the ballot has contained instructions.
Therefore,folding the ballot so that the votes were concealed on the inside and the instructions were
showing on the outside provided sufficient secrecy. For the September 12, 2006 special election,
the cost for the secrecy envelope was $7,000. The inclusion of a secrecy envelope in the ballot
package pushed the weight of the package over one ounce. The additional postage because a secrecy
sleeve was included was $1,648.
In another example, the Secretary of State rules allow election officials to open ballots and begin
counting (tabulating) 10 days prior to the election. This always falls on Saturday. In a typical
election, the entire staff of the Clerk's Office, as well as several employees from other departments
work 8-10 hours on that Saturday processing the approximately 10,000 ballots that have been
returned. The majority of those employees are paid overtime for that day. This Ordinance provides
that ballots may be opened and counted 14 days prior to the election,which will allow staff to keep
up with the processing demand during normal business hours, thus reducing overtime expenses.
This Ordinance, if adopted, will embody regulations pertaining to mail ballot elections in a single
set of laws, thereby eliminating confusion caused by the need to be familiar with the requirements
of the state statutes and the rules promulgated by the Secretary of State. It will also provide Council
the flexibility to amend the regulations to meet the City's desire to efficiently use General Fund
revenues, while still providing for secure and accurate elections.
ORDINANCE NO. 165, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ESTABLISHING LOCAL PROVISIONS FOR THE CONDUCT
OF MAIL BALLOT ELECTIONS
WHEREAS,the conduct of certain elections by mail ballot has been permissible in the State
of Colorado since 1991; and
WHEREAS,provisions governing the conduct of mail ballot elections were enacted as a part
of the Uniform Election Code of 1992 (the "UEC"), which is applicable to all general, primary,
congressional vacancy, school district, special district, ballot issue, and other authorized elections
in Colorado; and
WHEREAS, State law provides that municipalities are generally governed by the Colorado
Municipal Election Code of 1965 (the "MEC"), unless a municipality provides by ordinance or
resolution that it will utilize the requirements and procedures of the UEC in lieu of the MEC; and
WHEREAS,the City of Fort Collins has conducted its regular municipal elections, as well
as some special elections, by mail ballot since 1995, pursuant to the Charter and Code of the City
of Fort Collins, the MEC, C.R.S. Title 1, Article 7.5 (the "Mail Ballot Election Act"), and rules
promulgated by the Colorado Secretary of State regarding the conduct of mail ballot elections (the
"Rules"); and
WHEREAS,legislative changes to the Mail Ballot Election Act and frequent changes to the
Rules have resulted in conflicting provisions and the imposition of regulations which unnecessarily
complicate the conduct of municipal elections and inflate the cost of an election; and
WHEREAS,under Article XX,Section 6 of the Colorado Constitution,all matters pertaining
to municipal elections in the City, including, without limitation, "securing the purity of elections
(and)guarding against abuses of the elective franchise,"are matters of purely local concern that are
subject to regulation by the Charter or ordinances of the City; and
WHEREAS, Article VIII, Section 1 of the City Charter states that municipal elections are
governed by State law only as to matters not covered by the State Constitution or the City Charter
or City ordinances; and
WHEREAS,for the foregoing reasons,the City Council believes it to be in the best interests
of the City to its own mail ballot provisions; and
WHEREAS,it is the intent of the City Council in adopting this Ordinance to entirely occupy
the field of regulating the conduct of City elections and the manner in which a mail ballot election
is conducted; and
WHEREAS, to the extent that the provisions of this Ordinance conflict with the state Mail
Ballot Election Act,or any rules and regulations regarding mail ballot elections promulgated by the
Colorado Secretary of State,it is further the intent of the City Council that the provisions hereof shall
supersede any such conflicting provisions.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That a new Article VIII be added to Chapter 7 of the Code of the City of Fort
Collins to read as follows:
ARTICLE VIII. MAIL BALLOT ELECTIONS
See. 7-180. Legislative declaration.
The City Council hereby finds,determines,and declares that self-government by
election is more legitimate and better accepted as voter participation increases. The
City Council further finds, determines, and declares that mail ballot elections are
cost-efficient and have not resulted in increased fraud. By enacting this Article, the
City Council hereby concludes that it is appropriate to provide for mail ballot
elections under specified circumstances.
See. 7-181. Definitions.
The following words,terms and phrases,when used in this Article,shall have the
meanings ascribed to them in this Section:
Absentee ballot shall mean a ballot transmitted to an eligible elector at an address
or location other than the residential or mail address of the elector as shown in the
county's voter registration records.
Active registered elector shall mean a person residing in the City who is
registered to vote in City elections and who is listed in the county's voter registration
records as an "Active" voter.
Ballot shall mean the list of all candidates and ballot measures upon which an
eligible elector is entitled to vote at an election.
Election shall mean any regular or special municipal election held pursuant to the
Charter,the Code,the"Uniform Election Code of 1992"or the"Colorado Municipal
Election Code of 1965", and which is not coordinated with the County pursuant to
Section 1-7-116, C.R.S.
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Election day shall mean the date either established by the Charter or determined
by the City Council to be the final day on which all ballots are determined to be due,
and the date from which all other dates in this Article are set.
Election worker shall mean the City Clerk,an employee of the City Clerk,or any
other person designated by the City Clerk to participate in the conduct of an election.
Eligible elector shall mean a person who meets the specific requirements for
voting at a specific election or for a specific candidate or ballot measure.
Mail ballot election shall mean an election in which eligible electors cast ballots
by mail in accordance with this Article.
Mail ballot packet shall mean the packet of information, including an official
ballot, provided by the City Clerk to eligible electors in a mail ballot election.
Poll book shall mean a list of eligible electors including sufficient identifying
information about each elector, the style and number of the ballot issued to each
elector, and the receipt and status of the ballot returned by the elector.
Replacement ballot shall mean a mail ballot packet provided to any eligible
elector who did not receive a mail ballot packet for any reason, or who is unable to
use the mail ballot packet originally received by the elector.
Return envelope shall mean an envelope provided in a mail ballot packet for the
purpose of returning a voted ballot to the City Clerk that contains the name and
address of an eligible elector voting in a mail ballot election, and that is designed to
allow election workers,upon examining the signature,name,and address,that appear
on the outside of the envelope, to determine whether the enclosed ballot is being
submitted by an eligible elector who has not previously voted in that particular
election.
Secrecy envelope or secrecy sleeve shall mean the envelope or sleeve provided
in a mail ballot packet that is designed to conceal and maintain the confidentiality of
the elector's vote until the counting of votes for that particular election. Secrecy
envelope or secrecy sleeve shall also include a paper ballot which may be folded so
that the elector's vote is concealed when the ballot is removed from the return
envelope.
Undeliverable ballot shall mean a mail ballot packet that the U.S.Postal Service
is unable to deliver to the intended recipient and which is returned to the City Clerk.
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Sec. 7-182. Mail ballot elections authorized.
The City Clerk is hereby authorized to conduct any regular or special municipal
election which is not coordinated with the County pursuant to Section 1-7-116,
C.R.S. by mail ballot in accordance with the provisions of this Article.
Sec. 7-183. Duties of the City Clerk.
The City Clerk shall:
(1) prescribe the form of materials to be used in the conduct of mail ballot
elections consistent with the provisions contained in this Article;
(2) establish procedures for conducting mail ballot elections consistent with
the provisions contained in this Article;
(3) supervise the conduct of mail ballot elections;
(4) employ temporary election workers as needed; and
(5) take all necessary steps to protect the confidentiality of the ballots cast
and the integrity of the election.
Sec. 7-184. Notice of election.
(a) No later than twenty(20)days before an election conducted pursuant to
this Article, the City Clerk shall provide notice by publication of a mail ballot
election, which notice shall state, as applicable for the particular election for which
the notice is provided, the following:
(1) The date of the election;
(2) The hours during which the polls will be open on election day;
(3) The address of the walk-in location for the delivery of mail ballots and
the receipt of replacement ballots,and the hours during which the walk-in
location will be open;
(4) The address of the location for the application for, and the return of,
absentee ballots and the hours during which the office will be open.
(b) The notice required to be given by this Section shall be in lieu of the
notice requirements set forth in Section 31-10-501(1), C.R.S.
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Sec. 7-185. Form of ballots.
(a) The top portion of each ballot shall be divided by a perforated line. The
portion above the perforated line shall be known as the ballot stub and shall have
printed on it a sequential ballot number. The ballot stub may also have printed on it
other information,including but not limited to the precinct number,Council district
number,job sequencing information used by the printer, or instructions.
(b) The ballot shall contain the following warning:
"WARNING:
Any person who, by use of force or other means, unduly influences an
eligible elector to vote in any particular manner or to refrain from voting,
or who falsely makes,alters,forges,or counterfeits any mail ballot before
or after it has been cast, or who destroys, defaces, mutilates, or tampers
with a ballot is subject,upon conviction,to imprisonment,or to a fine,or
both."
(c) The return envelope shall have printed on it a self-affirmation
substantially in the following form:
"I state under penalty of perjury that I am an eligible elector; that my
name and address are as shown on this envelope;that I have not and will
not cast any vote in this election except by the enclosed ballot; and that
my ballot is enclosed in accordance with the provisions of the Code of the
City of Fort Collins."
(d) The signing of the self-affirmation on the return envelope shall constitute
an affirmation by the voter,under penalty of perjury,that the facts stated
in the self-affirmation are true.
Sec. 7-186. Mailing of ballots; exception.
(a) No sooner than twenty-five(25)days before an election,and no later than
fifteen(15)days before an election,the City Clerk shall mail to each active registered
elector, at the last mailing address appearing in the registration records and in
accordance with United States postal service regulations,a mail ballot packet,which
shall be marked"DO NOT FORWARD",or with any other similar statement that is
in accordance with United States postal service regulations.
(b) In the event that unusual circumstances exist that may delay the mailing
of ballots in accordance with subsection (a) above, the City Clerk, with the written
approval of the City Manager,is authorized to mail the ballots no later than(10)days
before an election. For the purposes of this provision, unusual circumstances shall
include,but not be limited to,extreme weather conditions such as blizzard or flood,
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equipment failure, labor work stoppage or slowdown, or other events outside the
City's control.
Sec. 7-187. On-site polling place.
No sooner than twenty-five(25)days prior to election day and no later than 7:00
p.m. on election day, mail ballots shall be made available at the office of the City
Clerk, or such other location as may be established by the City Clerk, for eligible
electors who need to obtain a replacement ballot.
Sec. 7-188. Replacement ballots.
(a) An eligible elector may obtain a replacement ballot if:
(1) the ballot was destroyed, spoiled, lost, or for some other reason not
received by the eligible elector;
(2) a mail ballot packet was not sent to the elector because the eligibility of
the elector could not be determined at the time the mail ballot packets
were mailed;
(3) the eligible elector was listed as "inactive" in the county's voter
registration records; or
(4) the eligible elector presents any other credible evidence that he or she is
entitled to receive a replacement ballot.
(b) A request for a replacement ballot may be made in writing, by mail, by
fax, by telephone, or in person.
(c) An eligible elector requesting a replacement ballot must sign a sworn
statement specifying the reason for requesting the ballot. If an eligible elector
requests a replacement ballot in person, the statement shall be completed before a
replacement ballot is issued to the elector. If a request for a replacement ballot is not
made in person, the City Clerk may transmit the statement with the ballot package.
The statement must be returned to the City Clerk no later than 7:00 p.m. on election
day in order for the ballot to be counted,and such statement may be returned with the
ballot.
Sec. 7-189. Absentee voting.
(a) Any eligible elector may request that an absentee ballot be transmitted to
a place other than the elector's address listed in the voter registration records.
Requests for absentee ballots must be made in writing and shall include the elector's
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name,residence address,date of birth, and address where the absentee ballot should
be mailed.
(b) A request for an absentee ballot may be filed any time after January 1 of
the year of the election,but not later than the close of business on the Friday prior to
the election,except that,if the applicant wishes to receive the absentee ballot by mail,
the application shall be filed no later than the close of business seven (7)days prior
to election day.
(c) Upon receipt of a request for an absentee ballot,and as soon as ballots are
printed and available, the City Clerk shall transmit an absentee ballot to the elector
at the address given in the request for an absentee ballot. If the timing of a request
for an absentee ballot is such that ballots will not be printed in sufficient time to
accommodate the unique circumstances of the elector's request, the City Clerk is
authorized to prepare a substitute paper ballot containing all races and questions
applicable to the elector,provided the elector acknowledges in writing that the City
Clerk may transfer the elector's vote to an official ballot for counting purposes.
(d) If an eligible elector requests delivery of an absentee ballot to an address
outside of the United States and it appears unlikely in the judgment of the City Clerk
that the absentee ballot will be delivered to the elector in sufficient time to allow the
elector to vote the ballot and return it to the City Clerk before 7:00 p.m. on election
day,the City Clerk is authorized to use any reasonable method to provide the elector
an opportunity to vote, provided the method is acceptable to the elector and the
elector acknowledges in writing that he or she has agreed to vote in the method
offered and has further agreed that the City Clerk may transfer the elector's vote to
an official ballot for counting purposes.
Sec. 7-190. Voting and return of ballots.
(a) Upon receipt of a ballot,the eligible elector shall mark the ballot,sign and
complete the return envelope, and comply with the instructions provided with the
ballot.
(b) The eligible elector may return the marked ballot to the City Clerk by
United States mail or by depositing the ballot at the office of the City Clerk or any
place designated by the City Clerk. The ballot must be returned in the return
envelope. If an eligible elector returns the ballot by mail, the elector must provide
the necessary postage. In order to be counted, the ballot must be received at the
office of the City Clerk or a designated depository prior to 7:00 p.m. on election day.
(c) Ballots received by the City Clerk after 7:00 p.m.on election day shall not
be counted, but shall be preserved in accordance with § 7-194.
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Sec. 7-191. Receipt and qualification of ballots.
(a) All ballots, including undeliverable ballots, shall be marked to indicate
the date the ballot was received by the City Clerk.
(b) Upon receipt of a voted ballot, an election worker shall first qualify the
submitted ballot by examining the return envelope to determine whether the ballot
was submitted by an eligible elector who has not previously voted in the election and
whether the self-affirmation on the envelope is signed and completed by the eligible
elector to whom the ballot was issued. If the ballot so qualifies and is otherwise
valid, the election judge shall indicate in the poll book that the eligible elector cast
a ballot, and shall prepare the ballot for counting in accordance with § 7-193.
(c) If an election worker is unable to qualify the ballot as set forth in
subsection(b)above,the ballot shall be rejected and the reason for rejection shall be
indicated in the poll book. Rejected ballots shall remain unopened and shall be
securely stored separate from qualified ballots unless such ballots are corrected as
provided in § 7-192.
(d) If an election worker determines that an eligible elector to whom a
replacement ballot has been issued has voted more than once,the City Clerk shall not
count any ballot cast by the elector.
Sec. 7-192. Rejected ballots.
The City Clerk is authorized, but not required, to make a reasonable effort to
allow an eligible elector whose ballot has been rejected to correct the deficiency
causing rejection. No elector shall be allowed to correct a deficiency without first
producing valid proof of identification.
Sec. 7-193. Counting mail ballots.
Counting of mail ballots may begin fourteen (14) days prior to the election and
continue until counting is completed. The City Clerk shall take all precautions
necessary to ensure the secrecy of the counting procedures, and no information
concerning the count shall be released by election workers until after 7 p.m. on
election day.
Sec. 7-194. Revealing how elector voted.
Any election worker, watcher, or person who assists another person in voting
who reveals how a voter has voted commits a misdemeanor and is subject to a fine
or imprisonment in accordance with § 1-15.
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Sec. 7-194. Preservation of election records; destruction.
(a) All election records, including but not limited to voted ballots, rejected
ballots,absentee ballots,undeliverable ballots,return envelopes,ballot stubs,unused
ballots, application forms, and poll books, shall be securely stored following an
election and shall be preserved for at least six (6) months following a regular or
special election. The provisions of this paragraph (a) shall not apply to secrecy
envelopes separated from voted ballots during preparation of ballots for counting.
(b) Individual pieces of printed information that were intended to be used in
the assembly of mail ballot packets, such as envelopes, secrecy envelopes, and
instructions, that were never assembled into a mail ballot packet may be destroyed
on the day immediately following election day. The provisions of this paragraph(b)
shall not apply to ballots.
(c) All records preserved pursuant to paragraph (a) of this Section shall be
destroyed by fire or shredding after the period of preservation has expired.
Sec. 7-195. Validity of election.
No mail ballot election held pursuant to this Article shall be invalidated on the
grounds that an eligible elector did not receive a ballot so long as the City Clerk acted
in good faith in complying with the provisions of this Article.
Sec.7-196. Severability.
If any provision of this Article or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the Article which can be given effect without the invalid provision or
application,and to this end the provisions of this Article are declared to be severable.
Introduced, considered favorably on first reading, and ordered published this 17th day of
October,A.D. 2006, and to be presented for final passage on the 7th day of November,A.D. 2006.
Mayor
ATTEST:
City Clerk
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Passed and adopted on final reading on the 7th day of November, A.D. 2006.
Mayor
ATTEST:
City Clerk
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