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HomeMy WebLinkAbout09302 City Clerk’s Office Item # R-10 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: May 29, 2018 TO: Christopher A. Nicoll and Members of City Council VIA: Brenda Armijo, Acting City Clerk FROM: Sam Azad, City Manager SUBJECT: AN ORDINANCE AMENDING CHAPTER 3 OF TITLE V OF THE PUEBLO MUNICIPAL CODE BY THE ADDITION OF A NEW SECTION 3 SPECIFYING PROCEDURES FOR CONDUCTING MAYORAL RUNOFF ELECTIONS AS SUBSEQUENT ELECTIONS FOLLOWING GENERAL OR SPECIAL MUNICIPAL ELECTIONS SUMMARY: Attached is a proposed Ordinance which establishes the procedures for conducting mayoral runoff elections as subsequent elections following Municipal General or Special Elections. PREVIOUS COUNCIL ACTION: There has been no previous Council action regarding changes to the Pueblo Municipal Code made necessary by the change in the form of government. BACKGROUND: On November 7, 2017, the voters of the City of Pueblo, by passing Ballot Issue 2A, changed the form of government from a Council-City Manager to a Mayor-Council format. FINANCIAL IMPLICATIONS: The financial implications associated with the change in the form of government are unknown at this time. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If this Ordinance is not adopted, there will be ambiguity in the Pueblo Municipal Code as to how Mayoral Runoff Elections shall be conducted. RECOMMENDATION: None. Attachments: Proposed Ordinance ORDINANCE NO. 9302 AN ORDINANCE AMENDING CHAPTER 3 OF TITLE V OF THE PUEBLO MUNICIPAL CODE BY THE ADDITION OF A NEW SECTION 3 SPECIFYING PROCEDURES FOR CONDUCTING MAYORAL RUNOFF ELECTIONS AS SUBSEQUENT ELECTIONS FOLLOWING GENERAL OR SPECIAL MUNICIPAL ELECTIONS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Chapter 3 of Title V of the Pueblo Municipal Code is hereby amended by the addition of a new Section 3 as follows: Sec. 5-3-3. Mayoral Runoff Elections. (a) At any general or special municipal election, if no candidate for the office of Mayor receives a majority of the votes cast for Mayor as required by the City Charter, a Mayoral runoff election shall be held on a subsequent date set by the City Council by ordinance. (b) The Mayoral runoff election shall be conducted as a mail ballot, except: 1. Electors eligible to vote in the runoff election shall be those eligible to vote under State law. 2. The ballot shall only consist of the two (2) Mayoral candidates receiving the greatest number of votes in the municipal election. No other issues or questions shall be referred to the Mayoral runoff election ballot. 3. Publication of an election notice shall be on or before the tenth day before the election. (c) In the event of a tie vote for candidates having the first or second greatest number of votes in the municipal election, a selection shall be made by lot so that there will only be two (2) eligible candidates for the runoff election. (d) The ballot order of the runoff Mayoral candidate names shall be the candidate receiving the greatest number of votes in the municipal election shall be listed first and the candidate receiving the next greatest number of votes in the municipal election shall be listed second. (e) At seven o’clock (7:00) P.M. on the Mayoral runoff election day, results shall be tabulated. The runoff candidate receiving a majority of votes cast for the Office of Mayor shall be declared elected and entitled to a certificate of election. A “majority” shall be more than fifty percent (50%) of the votes cast for Mayor at a Mayoral runoff election. (f) In the event of a tie vote in the runoff election, the outcome of the election shall be determined by lot at a time and date, designated by the City Clerk. (g) In the event of the death, disqualification or withdrawal of either of the two (2) runoff Mayoral candidates prior to the mailing of ballots for the runoff election, the name of the candidate who received the third greatest number of votes for the Office of Mayor in the municipal election shall be substituted and shall appear on the runoff election ballot. In such event, notice of any substitution of a runoff Mayoral candidate shall be publicly noticed. SECTION 2. The officers and staff of the City are authorized and directed to perform any and all acts consistent with this Ordinance to implement the policies and procedures described herein. SECTION 3. This Ordinance shall become effective thirty (30) days following final passage and approval. INTRODUCED: May 29, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK PASSED AND APPROVED: June 11, 2018