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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