HomeMy WebLinkAbout136 - 08/17/2004 - AMENDING CHAPTER 7 OF THE CITY CODE SO AS TO INCLUDE A NEW ARTICLE 7 PERTAINING TO ELECTION OFFENSES 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 ru cities such
as the City of Fort Collins are authorized to legislate upon, provide, regulate, cond t and control
all matters pertaining to municipal elections within their municipal boundaries; d
WHEREAS, under Article 8, Section 1 of the City Charter, the Co cil is to provide by
ordinance for the manner of holding City elections,and,if a particular ma regarding elections is
not covered by the Charter or ordinances of the City or by the State co itution, then such matter
is to be governed by the laws of the State of Colorado relating to in ' ipal elections; and
WHEREAS, the City's Charter prescribes, in Article 10, a manner in which the power of
initiative and referendum maybe exercised with regard to Cit lections; and
WHEREAS, such Charter provisions require that, ith regard to both initiated and referred
measures,petitions be circulated among registered vote to determine whether a sufficient number
of registered voters wishes to have the initiated or re rred measure placed on the ballot at a City
election; and
WHEREAS, Article 10, Section 5 the Charter establishes certain regulations and
requirements pertaining to the content and irculation of petitions and the affidavits of petition
circulators; and
WHEREAS, neither the City harter, nor the State election laws, prohibits the circulators
of petitions from misrepresenting a purpose of the petition; and
WHEREAS,the City uncil believes it to be in the best interests of the residents of the City
that no petition circulator a any false or misleading statement about an initiative or referendum
petition.
NOW, THE FORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that a Article VI is hereby added to Chapter 7 of the City Code to read in its entirety
as follows:
ARTICLE VII. ELECTION OFFENSES
ec. 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
Failed 1-5 (Tharp voting in favor/Kastein absent)
on First Reading on August 17, 2004
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 y of
August, A.D. 2004, and to be presented for final passage on the 7th day of September, A. . 2004.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 7th day of S ember,A.D. 2004.
ayor
ATTEST:
City Clerk
Failed 1-5 (Tharp voting in favor/Kastein absent)
on First Reading on August 17, 2004