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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/20/2007 - SECOND READING OF ORDINANCE NO. 022, 2007, SUBMITT ITEM NUMBER: 10 AGENDA ITEM SUMMARY DATE: February 6, 2007 FORT COLLINS CITY COUNCIL STAFF: Wanda Krajicek SUBJECT Second Reading of Ordinance No. 022,2007, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article VIII of the City Charter, Pertaining to the Board of Elections. RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY This Ordinance,unanimously adopted on First Reading on February 6, 2007, submits to the voters at the April 3, 2007 election a proposed Charter amendment modifying the composition of the Election Board to consist of the City Clerk,the Chief Deputy City Clerk, and the Municipal Judge. ATTACHMENTS 1. Copy of the First Reading Agenda Item Summary- February 6, 2007. ATTACHMENT 1 ITEM NUMBER: 23 AGENDA ITEM SUMMARY DATE: February 6, 2007 FORT COLLINS CITY COUNCIL FF: Wanda Krajicek / SUBJECT First Reading of Ordinance No. 022, 2007, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article VIII of the City Charter, Pertaining to the Board of Elections. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY This Ordinance submits to the%V.S t p ' rO7 pro sed Charter amendment modifying the composition of the Election Board to consist of the City Clerk,the Chief Deputy City Clerk,and the Municipal Judge. BACKGROUND The Election Board was created in 1954. The purpose of the Election Board is to assist with the conduct of elections and to certify the election results. The Election Board consists of two citizens appointed by the City Council, and the City Clerk. Prior to the age of technology and mail ballot elections,the Election Board was very involved in the conduct of elections. Election Board members recruited individuals to serve as polling place judges, often relying on friends,relativC urch embers. This was trul a function that benefited from community networking. Howt of v p to anage lists of volunteers using databases, it became more effi place judges. Certification on su h also be me effortless through the use of technology. In the past, verification of the results was an exercise in calculation and recalculation until the Board was satisfied that the numbers were accurate. hi 1995, when the City conducted its first mail ballot election, the need for polling place judges became obsolete. Since 1995,the role of the Election Board has continually declined. In 2005,with only one citizen member in place on the Board, the role was limited to certifying the results of the election. Sophisticated election equipment and tabulation software now handle the tabulation February 6, 2007 -2- Item No. 23 process with proven accuracy. Procedures for testing election machines and tabulation software prior to counting ballots ensure accurate results. There is no need to manually recalculate results. Fort Collins uses election equipment and tabulation software that(1)meets the qualifications of the Voting System Standards prom Ohr) ission; (2)has been certified by an independent testing auth ty certit' al ciation of Election Directors; and (3)has been approved for use the stat by the cretary of State. Prior to use, each machine is tested to ensure that d d use store results, have zero totals. A logic and accuracy test is conducted by scanning a batch of sequentially marked test ballots through each machine. The tabulation results of the test ballots are compared to a manual count of the votes in the test ballots to ensure that the machine is accurately recording votes. Upon successful completion of the logic and accuracy test,the machines and memory cards are reset to zero totals and the memory cards are sealed in the machines. The machines are kept in a room that is locked,with key access limited to only three employees. The equipment and memory cards function as standalone units (not connected to any computer system or each other). After all ballots have been scanned, the memory cards are removed from the machines and the information downloaded to a laptop to produce the final results. It is still important to have a body of authority certify election results. This proposed Charter amendment recommends that composition of the Election Board be modified to consist of the City Clerk, the Chief Deputy City Clerk andMoe d e all of whom are sworn to uphold the Constitution and the laws ofCethe ea Colorado and the Charter and Ordinances of Fort Collins. Siuld sist of paid employees of the City, the need for Council to set thesd is r oved. If this Charter amendment is approved by the voters on April 3, staff will bring an ordinance to Council before the end of the year, to amend Chapter 7 of the City Code which contains references to the composition and compensation of the Board of Elections,and Section 2-493 of the City Code relating to the duties of the Municipal Judge. ORDINANCE NO. 022, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS A PROPOSED AMENDMENT TO ARTICLE VIII OF THE CITY CHARTER, PERTAINING TO THE BOARD OF ELECTIONS WHEREAS,Article IV, Section 8 of the Charter of the City of Fort Collins provides that the Charter may be amended as provided by the laws of the State of Colorado; and WHEREAS, Section 31-2-210, C.R.S., provides that Charter amendments may be initiated by the adoption of an ordinance by the Council submitting a proposed amendment to a vote of the registered electors of the City of Fort Collins; and WHEREAS, Article VIII, Section 5 of the Charter provides for a Board of Elections consisting of the City Clerk and two registered electors appointed by the City Council; and WHEREAS,the Board of Elections is responsible for any election duties specified in the City Charter and for such additional duties related to the conduct of elections as may be established by the Council by ordinance; and WHEREAS, due to the increased use of technology and the conduct of elections by mail ballot, the role of the Board of Elections has declined, and in 2005 was limited to certifying the results of the election; and WHEREAS, upon recommendation of the City Clerk, the City Council believes that certification of the results of an election would most appropriately be done by a three-person panel consisting of the City Clerk, the Chief Deputy City Clerk,and the Municipal Judge,all of whom are sworn to uphold the Constitution and the laws of the United States and the State of Colorado and the Charter and Ordinances of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following proposed changes to Article VIII, Sections 5 and 7 of the City Charter shall be submitted to the registered electors of the City as "Proposed Charter Amendment No. I" at the regular municipal election to be held on Tuesday, April 3, 2007: Section 5. Board of Elections. There is hereby created a Board of Elections consisting of the City Clerk, Chief Deputy City Clerk,and Municipal Judge. The Board shall be responsible for any election duties specified in this Charter and for such additional duties related to the conduct of elections as may be established by Council by ordinance. Section 7. Certification of election results. On the third day after every city election and,after verifying the total number of legal votes cast for each candidate and measure voted upon,the Board of Elections shall complete a certificate declaring the results of the election. The candidate receiving the highest number of votes for a particular office shall be declared elected to that office. In event of a tie,the selection shall 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)days after the date of issuance of the certificate of election, the candidate with the next highest vote shall be elected, and the candidate failing to qualify shall forfeit his or her office whether or not such candidate has taken the oath of office. 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 11, Section 18. Section 2. That the following ballot language is hereby adopted for submitting Proposed Charter Amendment No. I to the voters at said election: CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. 1 Shall Article VIII, Sections 5 and 7 of the Fort Collins City Charter be amended to change the composition of the Board of Elections from the City Clerk and two registered electors to the City Clerk, Chief Deputy City Clerk and Municipal Judge, and to make minoramendments regardingthe Board's certification of election results? YES NO -2- Introduced, considered favorably on first reading, and ordered published this 6th day of February, A.D. 2007, and to be presented for final passage on t Oth day of February, A.D. 2007. May F�`TFST: ``—say�„Ju�e6 City Clerk Passed and adopted on final reading on the 20th day of February, A.D. 2007. Mayor ATTEST: City Clerk -3-