HomeMy WebLinkAbout130 - 11/01/2011 - AMENDING CHAPTER 7 OF THE CITY CODE TO EXPAND THE TYPES OF REGISTERED ELECTORS WHO AUTOMATICALLY REC ORDNANCE NO. 130, 2011
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 7 OF THE CODE OF THE CITY OF FORT COLLINS
TO EXPAND THE TYPES OF REGISTERED ELECTORS WHO
AUTOMATICALLY RECEIVE MAIL BALLOTS, AND TO REQUIRE
THE CITY TO PAY THE POSTAGE DUE FOR BALLOTS RETURNED BY MAIL
WHEREAS, the City of Fort Collins is a Colorado home rule municipality and, as such, is
authorized under Article XX, Section 6 of the Colorado Constitution to exercise certain specific
powers, including the power to legislate upon, provide,regulate, coordinate and control all matters
pertaining to municipal elections;
WHEREAS, on November 7, 2006, the City Council adopted Ordinance No. 165, 2006,
establishing in Chapter 7,Article VII of the City Code its own provisions for conducting local mail
ballot elections; and
WHEREAS, among the provisions contained in Chapter 7, Article VIII is Section 7-186,
which establishes the procedure for mailing ballots to the registered electors of the City; and
WHEREAS, Section 7-186 presently states that ballots are to be mailed by the City Clerk to
each active registered elector in the City, which requirement is the same as exists under the state
Mail Ballot Election Act; and
WHEREAS,the City Council believes that it would be in the best interests of the citizens of
the City to expand the category of electors to whom ballots are mailed and to also amend Section 7-
186 of the Code to require that the postage for such ballots be paid by the City, so as to encourage
more widespread participation in City elections.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 7-181 of the Code of the City of Fort Collins is hereby amended
to add a definition of"General Election"to read as follows:
General Election shall mean the election held on the Tuesday succeeding the first
Monday of November in each even-numbered year and conducted by the County
Clerk and Recorder pursuant to the Colorado Revised Statutes, Title 1.
Section 2. That Section 7-186(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-186. Mailing of ballots; exception.
(a) No sooner than twenty-five (25) days before an election, and no later than
fifteen(15)days before an election,the City Clerk shall mail to each active registered
elector,and to each inactive registered elector with a status designation of"inactive-
failed to vote" who voted in at least one of the past two General Elections, a mail
ballot packet, which shall be marked "DO NOT FORWARD," or with any other
similar statement that is in accordance with United States postal service regulations.
Said packet shall be sent in accordance with all applicable United States postal
service regulations to the last mailing address appearing in the registration records
of the County Clerk and Recorder.
Section 3. That Section 7-190(b) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-190. Voting and return of ballots.
(b) The eligible elector may return the marked ballot to the City Clerk by
United States mail or by depositing the ballot at the office of the City Clerk or any
place designated by the City Clerk. The ballot must be returned in the return
envelope. If an eligible elector returns the ballot by mail,the elector may provide the
necessary postage or, if not so paid by the elector,the cost of return postage shall be
paid by the City. In order to be counted, the ballot must be received at the office of
the City Clerk or a designated depository prior to 7:00 p.m. on election day.
Introduced, considered favorably on first reading, and ordered published this 4th day of
October, A.D. 2011, and to be presented for final passage on the I st day of November, A.D. 2011.
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Passed and adopted on final reading on the 1 st day of November, A.D. 2011.
Of FORD Mayo
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