HomeMy WebLinkAbout094 - 09/06/2005 - SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS A PROPOSED AMENDMENT TO ORDINANCE NO. 094, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF
FORT COLLINS A PROPOSED AMENDMENT TO ARTICLE VIII OF THE
CITY CHARTER, PERTAINING TO THE BOARD OF ELECTIONS
WHEREAS,Article IV, Section 8 of the Charter of the City of Fort Collins provides that the
Charter may be amended as provided by the laws of the State of Colorado; and
WHEREAS, Section 31-2-210, C.R.S.,provides that Charter amendments may be initiated
by the adoption of an ordinance by the Council submitting a proposed amendment to a vote of the
registered electors of the City of Fort Collins; and
WHEREAS, Article VIII, Section 5 of the Charter provides for a Board of Elections
consisting of the City Clerk and two registered electors appointed by the City Council; and
WHEREAS, the Board of Elections is responsible for any election duties specified in the
City Charter and for such additional duties related to the conduct of elections as may be established
by the Council by ordinance; and
WHEREAS, due to the increased use of technology and the conduct of elections by mail
ballot, the role of the Board of Elections has declined, and in 2005 was limited to certifying the
results of the election; and
WHEREAS, upon recommendation of the City Clerk, the City Council believes that
certification of the results of an election can be done by a three-person panel consisting of the City
Clerk, the Chief Deputy City Clerk, and the Municipal Judge, all of whom are sworn to uphold the
Constitution and the laws of the United States and the State of Colorado and the Charter and
Ordinances of Fort Collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the following proposed change to Article VIII, Sections 5 and 7 of the
City Charter shall be submitted to the registered electors of the City as "Proposed Charter
Amendment No. 2" at a special municipal election to be held in conjunction with the Larimer
County Coordinated Election on Tuesday, November 1, 2005:
Section 5. Canvass Board.
There is hereby created a Canvass Board consisting of the City Clerk, Chief
Deputy City Clerk, and Municipal Judge. The Board shall be responsible for
certifying the results of any election not held in conjunction with a Larimer County
Coordinated or General Election.
Section 7. Certification of election results.
On the third day after every city election and,after verifying the total number
of legal votes cast for each candidate and measure voted upon, the Canvass Board
shall complete a certificate declaring the results of the election. The candidate
receiving the highest number of votes for a particular office shall be declared elected
to that office. In event of a tie,the selection shall be made by the Canvass Board by
lot after notice to the candidates affected. In case the candidate elected fails to
qualify within sixty(60)days after the date of issuance of the certificate of election,
the candidate with the next highest vote shall be elected,and the candidate failing to
qualify shall forfeit his or her office whether or not such candidate has taken the oath
of office. If there is no other elected successor who qualifies, the office shall be
deemed vacant, and shall be filled by appointment by the remaining members of the
Council, as provided in Article 1I, Section 18.
Section 2. That the following ballot language is hereby adopted for submitting Proposed
Charter Amendment No. 2 to the voters at said election:
CITY OF FORT COLLINS 2_
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. 2
Shall Article VIII, Sections 5 and 7 of the City Charter be amended to eliminate the
Board of Elections and replace it with a Canvass Board which shall be responsible for
certifying the results of certain elections?
YES
NO
Introduced and considered favorably on first reading, and ordered published this 16th day
of August,A.D. 2005,and to be presented for final p=;z
of September, 2005.
Mayor
A'JEST:
Citytty��tl`tnClerk
Passed and adopted on final reading this 6th day of tember, A.D. 2005.
May
ATTEST:
City Clerk