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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