HomeMy WebLinkAbout116 - 09/02/2003 - AMENDING THE CITY CODE RELATING TO CANDIDATES FOR MUNICIPAL ELECTION ORDINANCE NO. 116, 2003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CODE OF THE CITY OF FORT COLLINS
RELATING TO CANDIDATES FOR MUNICIPAL ELECTION
WHEREAS, Chapter 7 of the Code of the City of Fort Collins states that the deadline for a
nominated candidate for municipal election to withdraw his or her candidacy is 30 days prior to the
election; and
WHEREAS,since the state law requires that ballot packages be mailed to voters no later than
15 days prior the election, the current deadline for a nominated candidate to withdraw his or her
candidacy restricts the amount of time available for production of ballot packages; and
WHEREAS, Chapter 7 of the City Code also contains a provision relating to write-in
candidates which specifies that no write-in vote for a candidate for City Council shall be counted
unless the candidate has filed an affidavit of intent with the City Clerk no later than 20 days before
the election indicating that such person desires and is qualified for the office; and
WHEREAS, the deadline for a person to register as a write-in candidate is only five days
prior to the statutory deadline to mail ballot packages so that, in order to meet the deadline for
mailing ballot packages,ballots must be printed with a space provided for write-in candidates in each
race to allow for the possibility that a person may file an affidavit of intent as a write-in candidate
after the production of the ballots has commenced; and
WHEREAS,registered electors often cast votes for write-in candidates even when there are
no registered write-in candidates, because a space for write-in candidates has been provided; and
WHEREAS, the City Council wishes to amend the foregoing deadlines in order to provide
adequate time for the production of mail ballot packages and to eliminate voter confusion about their
ability to cast a vote for a write-in candidate.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 7-116 of the Code of the City of Fort Collins is hereby amended so
as to read in its entirety as follows:
Sec. 7-116. Nomination of candidates; withdrawal from candidacy.
A nominating petition required pursuant to Article VIII of the Charter may not
be circulated earlier than sixty (60) days before the election and must be filed with
the City Clerk not later than forty (40) days before the election. A person who has
been nominated may,not later than thirty-five(35)days before the election,withdraw
by filing with the City Clerk a request therefor in writing,and no name so withdrawn
shall be placed upon the ballot.
Section 2. That Section 7-103 of the Code of the City of Fort Collins is hereby amended so
as to read in its entirety as follows:
Sec. 7-103. Write-in candidates.
No write-in vote for a candidate for City Council office shall be counted unless
the person whose name appears as the write-in vote has filed an affidavit of intent
with the City Clerk,no later than the close of business thirty-five(35)days before the
election, indicating that such person desires and is qualified for the office.
Introduced, considered favorably on first reading, and ordered published this 19th day of
August, A.D. 2003, and to be presented for final passage on the 2nd day of September, A.D. 2003.
KiayOr
ATTEST:
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City Clerk
Passed and adopted on final reading this 2nd day of September, A.D. 2003.
Mayor
ATTEST:
City Clerk