HomeMy WebLinkAboutMemo - Mail Packet - 06/25/2024 - Memorandum from Carrie Daggett and Heather Walls re Overview of Election-Related Charter Amendments Planned for July 2 (2)
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MEMORANDUM
TO: Mayor and City Councilmembers
FROM: Carrie Daggett, City Attorney
Heather Walls, Interim City Clerk
DATE: June 20, 2024
RE: Overview of Election-Related Charter Amendments Planned for July 2
The Council’s Election Code Committee has met several times during 2024 to receive
information and consider potential City Charter amendment proposals related to the election
and petition processes that are governed by the Charter.
These changes are requested by the staff who manage and conduct these processes to
address ambiguities, inconsistencies, and process complexity. The Committee expressed
support for these changes, which also include language modernization such as making the
language gender inclusive and substituting active and direct terminology. Many of the
changes bring the Charter in line with Colorado municipal election law. The changes do not
alter the signature requirements for any of the petition types, nor do they reduce the
time for circulation of petitions.
Ordinances proposing ballot questions to be put to the voters that would enact these
amendments are being prepared for Council consideration on July 2. The three ballot
questions would:
1. Amend Charter Article VIII, regarding elections generally;
2. Repeal and Reenact Article IX, regarding recall; and
3. Repeal and Reenact Article X, regarding initiative and referendum.
Description of Amendments and Rationale:
1. Reorganization for Clarity:
Article IX and Article X have been reorganized to make the description of the process and
requirements flow better so they are easier to follow. The full process for initiatives and the
full process for referenda are set out, rather than having a third section that combined some
of the process requirements. This will make each of the two different petition processes
simpler and easier to follow. The significant shifting of information within these Articles has
made repealing and reenacting the appropriate method for revising them, rather than showing
the extensive individual wording amendments.
Mayor and City Councilmembers
June 20, 2024
Page 2 of 4
2. Computation of Time:
The process deadlines in all three of these Articles are clarified in the proposed amendments.
• A computation of time section has been added to each Article (when the overall
Charter update process is completed, we anticipate that a general time computation
provision will be added for the Charter overall). This clarifies how deadlines are
affected by holiday, weekend, and emergency closures, which currently is an issue
that creates confusion and potential for disagreement.
• Deadlines for actions to be taken by the City are stated in “business days” in
increments of five, except where particulars dictate otherwise.
• Deadlines for actions to be taken by the public are stated in “days” (defined to mean
calendar days) in increments of seven, except where particulars dictate otherwise.
• Deadlines will be at the end of the regular business day.
• Generally, the deadline will shift forward to the first business day where a deadline
falls on a weekend, holiday, or emergency closure day.
• Where a requirement is stated as “no later than” or “at least X days before”, the
deadline will shift to the closest earlier business day.
• Many of the timing provisions are slightly modified to reflect this shift and in an
effort to make more consistent how timeframes will run in these processes. It
does not reduce the time given to petitioners.
3. Updates to Petition Form Approval by the City Clerk:
• The proposed revisions change the method for setting the form of initiative and
referendum petitions so that the Clerk is responsible for preparing a general
statement of purpose, in consultation with the City Attorney, to fairly and accurately
summarize the initiated measure or ordinance to be referred.
• Where the referred ordinance exceeds two pages in length, the Clerk will similarly
prepare a summary of it, rather than the current requirement that the entire ordinance
be presented with each section of the petition.
• This will reduce the iterative process that often takes place at the beginning of
the petition approval process and reduce the amount of paper material required
for petition circulation.
4. Updates to Review Periods for the City Clerk:
• In all Articles, review periods allowed for the City Clerk have been updated because
volumes (such as numbers of petition signatures to review) have increased since
these current provisions were adopted and are more in line with the statutory review
periods.
• There have been no changes to the signature requirements for any of the
petition types in these Articles.
5. Simplification of the Petition Review Process (“Cure” Provisions):
Mayor and City Councilmembers
June 20, 2024
Page 3 of 4
• The current process for recall petitions allows for “cure” meaning the petition may be
withdrawn if determined insufficient and an additional 15 days is allowed for amending
the petition. Under Colorado municipal election law this is used not to add signatures
but to add or clarify information and correct affidavits. This cure mechanism has not
been used and adds confusion to the process.
• The current process for initiative petitions allows for “cure” by the submission of
additional signatures after a determination of insufficiency, but only within the time
originally allowed for submission of signatures. Colorado municipal election law does
not allow a “cure.” This cure mechanism has not been used as a general rule and adds
confusion to the process.
• The current process for referendum petitions allows for “cure” by the submission of
additional signatures after a determination of insufficiency, but only within the time
originally allowed for submission of signatures. Colorado municipal election law does
not allow a “cure.” This cure mechanism has not been used as a general rule and adds
confusion to the process.
• Because these “cure” periods create confusion, are not well utilized or
understood and generally are inconsistent with Colorado municipal election
law, staff has proposed that they be removed.
6. Updates to Petition Review Protest Process:
• The process for protesting a Clerk determination of sufficiency for petitions has been
updated and made consistent for each of the three (recall, initiative and referendum)
major petition processes.
• Time frames have been tightened except a slightly longer time frame for arranging,
setting and providing notice of the protest hearing is included. This will allow more
time for preparation in advance of the hearing by all involved.
7. Updates to the time for an election under each Article:
• A significant challenge that has developed over time is the increased lead time
required to place an item on a ballot and the increased overall time for the
conduct of an election. Many current Charter timeframes are unworkable in
some scenarios under current election requirements and limitations.
• For a successful recall petition, the proposed language states that upon the City
Clerk’s presentation of a petition certified as sufficient for recall:
o Council must set the date for the election to be held on a Tuesday at the earliest
possible election date and that the City Clerk will advise Council on the date that
will allow sufficient time to meet all applicable requirements to hold such an
election.
o If the earliest possible election date determined by the City Clerk is less than 77
days prior to an upcoming November election (regular municipal or general
election), the recall election must be consolidated with such election.
o If the election will be consolidated with the November election and the office
subject to recall is already on the upcoming November ballot, the recall process
terminates.
Mayor and City Councilmembers
June 20, 2024
Page 4 of 4
o If the officer subject to the recall petition resigns before ballots are mailed to the
voters, the recall process would end, and the vacancy must be filled by
appointment.
• For a successful initiative petition, the proposed language changes FROM the current
requirement that if a special election is requested it must be called by Council within
120 days TO a requirement that Council submit the measure at the next November
election the City is able to coordinate with the County on, whether that is a special
election or a regular City election.
• For a successful referendum petition, the proposed language clarifies that the Council
must refer the item to the earliest regular or already-called special election date for
which all election process requirements can be met. Council may opt to call an earlier
special election for the matter so long as all election process requirements can be met.
The Election Code Committee also explored the idea of requiring petition signatures to be
distributed to some extent throughout the City so as to show more than only localized interest
in a matter before it is placed on a City-wide ballot. Anecdotally, Elections staff indicated that
support for measures tends to be fairly well distributed without a requirement. The Committee
chose not to pursue that additional requirement. After that discussion, staff has reviewed data
from the most recent petition process (the 2023 Land Use Code referendum petition) and
confirmed that the signatures were well-distributed:
We are happy to sit down and walk through these changes in more detail with
individual Councilmembers who would find that helpful. In addition, if any
Councilmember would find a work session discussion of these changes helpful in
advance of consideration of the related ballot questions, currently planned for July 2,
please contact Council leadership to request a work session on these in advance of
publication of the agenda for July 2 on June 27.
cc: Kelly DiMartino, City Manager
Rupa Venkatesh, Assistant City Manager
Sara Arfmann, Assistant City Attorney