HomeMy WebLinkAbout160 - 10/05/2004 - AMENDING CHAPTER 7 OF THE CITY CODE SO AS TO INCLUDE A NEW ARTICLE 7 PERTAINING TO ELECTION OFFENSES ORDINANCE NO. 160, 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 rule cities such
as the City of Fort Collins are authorized to legislate upon, provide, regulate, conduct and control
all matters pertaining to municipal elections within their municipal boundaries; and
WHEREAS, under Article 8, Section 1 of the City Charter, the Council is to provide by
ordinance for the manner of holding City elections, and,if a particular matter regarding elections is
not covered by the Charter or ordinances of the City or by the State constitution, then such matter
is to be governed by the laws of the State of Colorado relating to municipal elections; and
WHEREAS, the City's Charter prescribes, in Article 10, the manner in which the power of
initiative and referendum may be exercised with regard to City elections; and
WHEREAS, such Charter provisions require that,with regard to both initiated and referred
measures, petitions be circulated among registered voters to determine whether enough registered
voters wish to have the initiated or referred measure placed on the ballot at a City election; and
WHEREAS, Article 10, Section 5 of the Charter establishes certain regulations and
requirements pertaining to the content and circulation of petitions and the affidavits of petition
circulators; and
WHEREAS, neither the City Charter, nor the State election laws, prohibits the circulators
of petitions from misrepresenting the purpose of the petition; and
WHEREAS, this same date, the City Council has approved on first reading Ordinance
No.159, 2004 amending the standard form of petition to include on each page of the petition a
warning to all persons to read the full text of the proposed measure before signing the petition; and
WHEREAS,the City Council believes it to be in the best interests of the residents of the City
to also require, by ordinance, that all petition circulators, upon request, read to any person who is
asked to sign the petition, the purpose statement of the proposed measure or the full text of said
measure.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that a new Article VI is hereby added to Chapter 7 of the City Code to read in its entirety
as follows:
ARTICLE VII. ELECTION OFFENSES
Sec. 7-165. Obligations of petition circulators.
Any person circulating a petition approved for circulation by the City Clerk shall,
upon the request of any person to whom the petition is presented,read aloud to such
person the entire text of the initiated or referred measure that is the subject of the
petition or,in the case of a recall petition,the statement of charges and statement of
defenses.
Introduced and considered favorably on first reading and ordered published this 21 st day of
September, A.D. 2004, and to be presented for final passage on the 5th day of October,A.D. 2004.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 5th day of October, A.D. 2004.
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Mayor
ATTEST:
City Clerk Q