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Background Paper for Proposed
ORDINANCE
# S-2
DATE: AGENDA ITEM
April 25, 2011
DEPARTMENT:
CITY CLERK’S OFFICE
GINA DUTCHER, CITY CLERK
TITLE
AN ORDINANCE DIRECTING THAT THE NOVEMBER 1, 2011 GENERAL MUNICIPAL
ELECTION BE CONDUCTED AS PART OF A COORDINATED ELECTION, ADOPTING FOR
USE AT THE GENERAL MUNICIPAL ELECTION THE REQUIREMENTS AND PROCEDURES
OF THE UNIFORM ELECTION CODE OF 1992 EXCEPT TO THE EXTENT THE UNIFORM
ELECTION CODE OF 1992 CONFLICTS WITH A SPECIFIC PROVISION OF THE CHARTER
OF THE CITY OF PUEBLO, AND SUSPENDING FOR SUCH PURPOSES ALL ORDINANCES
AND RESOLUTIONS OF THE CITY IN CONFLICT THEREWITH
ISSUE
Should the City Council adopt an Ordinance directing that the November 1, 2011 General
Municipal election be conducted as part of a Coordinated Election?
RECOMMENDATION
The Board of Elections, at their meeting on April 14, 2011, reviewed the Ordinance and Adopted
an Election Board Resolution Recommending the Adoption of the Ordinance by City Council.
BACKGROUND
Article X, Section 20 of the Colorado Constitution and the Uniform Election code of 1992 permits
the consolidation of elections. The Board of Elections feels that it is in the best interest of the
City and its Citizens to participate in the Coordination Election on November 1, 2011.
FINANCIAL IMPACT
The City shall pay to the County Clerk the City's share of the actual cost of materials and
services directly attributable to the City’s participation in the Coordinated Election. If the City
does not have a TABOR question on the ballot, the cost is estimated at $65,000; however if the
City does place a TABOR question on the ballot that warrants a TABOR Notice, the cost could
be as high as $90,000. Funding for the costs associated with conducting the General Municipal
Election has been allocated in the City Clerk’s 2011 Departmental Budget.
ORDINANCE NO. 8348
AN ORDINANCE DIRECTING THAT THE NOVEMBER 1, 2011 GENERAL
MUNICIPAL ELECTION BE CONDUCTED AS PART OF A COORDINATED
ELECTION, ADOPTING FOR USE AT THE GENERAL MUNICIPAL ELECTION
THE REQUIREMENTS AND PROCEDURES OF THE UNIFORM ELECTION
CODE OF 1992 EXCEPT TO THE EXTENT THE UNIFORM ELECTION CODE
OF 1992 CONFLICTS WITH A SPECIFIC PROVISION OF THE CHARTER OF
THE CITY OF PUEBLO, AND SUSPENDING FOR SUCH PURPOSES ALL
ORDINANCES AND RESOLUTIONS OF THE CITY IN CONFLICT THEREWITH
WHEREAS, Article X, Section 20 of the Colorado constitution and the Uniform Election
Code of 1992 permits districts to consolidate elections held on the first Tuesday in November of
odd-numbered years, and
WHEREAS, other district elections will be held at the same time as the City’s general
municipal election on November 1, 2011, and
WHEREAS, the Uniform Election Code of 1992 applies to any municipal election
conducted as part of a Coordinated Election and authorizes a municipality to utilize the
requirements and procedures of the Uniform Election Code of 1992 for the conduct of such
election, and
WHEREAS, it would be in the best interests of the City and its citizens to participate in a
Coordinated Election on November 1, 2011; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The City's General Municipal Election to be held on November 1, 2011 shall be
conducted as part of a Coordinated Election as defined in the Uniform Election Code of 1992.
SECTION 2.
Pursuant to the authority granted by Article XX and Article X, Section 20 of the Colorado
Constitution and §§1-1-102 and 31-10-102.7 C.R.S., the requirements and procedures of the
Uniform Election Code of 1992 (Articles 1 to 12 including Article 7.5 the Mail Ballot Election Act,
of Title 1, C.R.S. but not Article 13 thereof relating to election offenses), except to the extent
they conflict with a specific provision of the Charter of the City of Pueblo, are hereby adopted
and will be utilized in the conduct of the General Municipal Election to be held as part of a
Coordinated Election on November 1, 2011.
SECTION 3.
The City Clerk, the Board of Elections, and all officers of the City are authorized and
directed to cooperate with the Pueblo County Clerk and Recorder and to take all action
necessary, appropriate or required to effectuate the provisions of this Ordinance and to conduct
the General Municipal Election as part of a Coordinated Election in compliance with the
requirements and procedures of the Charter of the City of Pueblo, Article X, Section 20 of the
Colorado Constitution, and the Uniform Election Code of 1992.
SECTION 4.
The City Council does hereby adopt the optional registration plan provided for in Section
17-9 of the Charter of the City of Pueblo and hereby determines and declares that voting
machines are not available.
SECTION 5.
All public notices that are required to be published with respect to the General Municipal
Election shall be published in the Pueblo Chieftain.
SECTION 6.
The Pueblo Election Code and all other ordinances and resolutions of the City
inconsistent with this Ordinance are hereby superseded, suspended and repealed to the extent
only of such inconsistency for and during the conduct of the Coordinated Election to be held
November 1, 2011.
SECTION 7.
The Director of Finance is hereby designated as the City Council’s designee responsible
for providing to the City Clerk the fiscal information that must be included in any ballot issue
notice for any initiated measure or ballot issue referred to the voters by the City Council at the
Coordinated Election to be held November 1, 2011.
SECTION 8.
If any section, clause or provision of this Ordinance shall for any reason be held to be
invalid or unenforceable, the invalidity or enforceability of such section, clause or provision shall
not affect any of the remaining sections, clauses or provisions of this Ordinance.
SECTION 9.
This Ordinance shall take effect immediately upon final passage and approval.
INTRODUCED: April 25, 2011
BY: Judy Weaver
COUNCIL PERSON
PASSED AND APPROVED: May 9, 2011
BOARD OF ELECTIONS
RESOLUTION
BE IT RESOLVED BY THE BOARD OF ELECTIONS OF PUEBLO, COLORADO
that:
SECTION 1
The Ordinance directing that the November 1, 2011 General Municipal Election
be Conducted as Part of a Coordinated Election, Adopting for Use at the General
Municipal Election the Requirements and Procedures of the Uniform Election Code of
1992 except to the extent the Uniform Code of 1992 Conflicts with a specific provision of
the Charter of the City of Pueblo, and suspending for such purposes all Ordinances and
Resolutions of the City in conflict therewith, was reviewed by the Board of Election
Upon a motion made by Steven Rodriguez and seconded by
B Gloria Gonzales and unanimously adopted, the Board of Elections approved
the Ordinance and recommends the Adoption of the Ordinance by the City Council to
constitute the election procedures, rules and regulations, as to the matters set forth in
Section 17 -7 of the Charter and the Uniform Election Code of 1992
PASSED AND APPROVED THIS 14t day o Apr , 2011
BOARD OF ELECTION
B Gloria Gonz- .
` .d
Steven Rodriguez
Gin utcher