HomeMy WebLinkAbout10601ORDINANCE NO.10601
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PUEBLO, COLORADO, AMENDING TITLE V OF THE PUEBLO
MUNICIPAL CODE, REGARDING ELECTIONS
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter
being deleted, underscoring indicates new matter being added)
SECTION 1.
Section 2 of Chapter 1 of Title V of the Pueblo Municipal Code is amended to read as
follows:
Sec. 5-1-1. – Definitions.
* * *
(17) Mail ballot election means an election for which \[eligible registered electors\] active
voters may cast ballots by mail and, in accordance with this Title, in a regular or special municipal
election.
* * *
(20) Secrecy envelope means the envelope used for a mail ballot election that contains
the eligible elector's ballot for the election and instructions for voting and that is designed to
conceal and maintain the confidentiality of the elector's vote until the counting of votes for that
particular election.
SECTION 2.
Section 9 of Chapter 1 of Title V of the Pueblo Municipal Code is amended to read as
follows:
Sec. 5-1-9. – Special elections.
Special elections may be held on any Tuesday designated by the City Council, except
within ninety (90) days next preceding a regular election; provided that \[where voting machines
th
are used,\] no special election shall be held within the period of time beginning on the sixtieth (60)
th
day preceding a primary election and ending on the sixtieth (60) day after a general election
unless such special election shall be held in conjunction with and on the day of a primary or
general election. No special election shall be called within \[thirty (30)\] thirty-two (32) days before
the date of a primary or general election. Special elections shall be conducted as nearly as
practicable in the same manner as regular elections.
SECTION 3.
Section 12 of Chapter 1 of Title V of the Pueblo Municipal Code is amended to read as
follows:
3
Sec. 5-1-12. – \[Reserved.\] Colorado municipal election laws enacted.
City elections shall be governed by the Colorado municipal election laws as now
existing or hereafter amended or modified, except as otherwise provided herein, or by
ordinance hereafter enacted.
SECTION 4.
Section 13 of Chapter 1 of Title V of the Pueblo Municipal Code is amended to read as
follows:
Sec. 5-1-13. – Qualifications of municipal electors.
(a) Qualifications.
* * *
(3) He or she shall have resided in the City and in the municipal election precinct for
not less than \[twenty-nine (29)\] twenty-two (22) days immediately preceding the election at which
he or she offers to vote. \[An otherwise qualified and registered elector who moves from the
municipal election precinct where registered to another precinct within the City within the twenty-
nine (29) days prior to any regular or special municipal election shall be permitted to cast his or
her ballot for such election at the polling place in the precinct where registered.\]
(b) Exceptions.
\[(1)\] No person \[confined in any public prison shall be entitled to register or to vote at
any regular or special municipal election\] serving a sentence of incarceration or detention for
a felony conviction may register to vote or cast a vote. Every person who was a qualified
elector prior to such imprisonment, and who was released on parole, by pardon or by having
served his or her full term of imprisonment, shall be vested with all the rights of citizenship except
as otherwise provided in the Constitution.
\[(2) No person who is under guardianship, non-compos mentis, or insane shall be
entitled to register or to vote at any regular or special municipal election.\]
SECTION 5.
Section 16 of Chapter 1 of Title V of the Pueblo Municipal Code is amended to read as
follows:
Sec. 5-1-16. – City Clerk as deputy county clerk.
The City Clerk, or any deputy or assistant clerk employed in the office of the City Clerk,
may serve as a deputy county clerk for purposes of registration only. The City Clerk \[shall\] may
register any qualified elector residing in any precinct in the County who shall appear in person at
his or her office at any time during which registration is permitted in the office of the County Clerk\[,
up to and including twenty-nine (29) days preceding any municipal election\]. The City Clerk shall
deliver the new registration sheets to the office of the County Clerk either in person or by certified
mail on or before the fifteenth day of each month, and in person on the day following the last day
for registration preceding any election for which registration is required.
4
SECTION 6.
Section 17 of Chapter 1 of Title V of the Pueblo Municipal Code is amended to read as
follows:
Sec. 5-1-17. – Registration list.
Not later than the fifth day preceding any municipal election, the City Clerk shall obtain
from the County Clerk a complete copy of the list of the registered electors of each municipal
election precinct which is involved in such municipal election. The registration list for each
municipal election precinct shall contain, in alphabetical order, the names and addresses of all
electors residing within the municipal election precinct whose names appeared on the county
registration books at the close of business on the \[twenty-ninth\] twenty-second day preceding
the municipal election.
SECTION 7.
Section 30 of Chapter 1 of Title V of the Pueblo Municipal Code is amended to read as
follows:
Sec. 5-1-30. – Judges of election.
Judges of election shall be appointed by the \[Board of Elections\] City Clerk and ratified
by the Board of Elections and shall serve for such terms as is deemed expedient within the
discretion of the board, which may terminate any such term at its pleasure. Each judge shall be
a registered elector of the \[precinct in which he or she is appointed to serve unless it is deemed
a hardship within the discretion of the Board of Elections for this requirement to be met in the\]
State of Colorado. A judge shall be at least eighteen (18) years of age, and for purposes of this
Chapter, any judge who is eighteen (18) years of age or older shall have the power to administer
oaths. The Clerk shall make and file in his or her office a list of all persons so appointed, giving
their names, addresses and precincts. Such list shall be a public record and shall be subject to
inspection and examination by any qualified elector with the right to make copies thereof.
SECTION 8.
Section 31 of Chapter 1 of Title V of the Pueblo Municipal Code is amended to read as
follows:
Sec. 5-1-31. – Number of judges.
\[In each precinct the\] The Board of Elections shall appoint \[not less than\] a minimum of
three (3) judges of election, and any additional judges as necessary. \[provided that in each
precinct where more than (1) voting machine is used, the Board of Elections may appoint one (1)
additional judge for each additional voting machine used in the precinct.\]
SECTION 9.
Section 36 of Chapter 1 of Title V of the Pueblo Municipal Code is amended to read as
follows:
Sec. 5-1-36. – Oath of judges and clerks.
5
(a) Before any votes are taken at any municipal election, the judges of the election
shall severally take an oath or affirmation in the following form:
"I, ___________________________, do solemnly swear (or affirm) that I am a citizen of
the United States and the State of Colorado; that I am a registered elector in \[Municipal Precinct
No. ______ in the City of Pueblo,\] Colorado, that I will perform the duties of judge according to
law and the best of my ability; that I will studiously endeavor to prevent fraud, deceit and abuse
in conducting the same; that I will not try to ascertain how any elector voted if, in the discharge of
my duties as judge such knowledge shall come to me, unless called upon to disclose the same
before some court; and that I will not disclose the result of the votes until the polls have closed."
(b) The judges of the election may administer the oaths or affirmations to each other.
Each judge shall record and sign any such oaths or affirmations administered by him or her and
shall attach the record to the poll book.
SECTION 10.
Section 37 of Chapter 1 of Title V of the Pueblo Municipal Code is amended to read as
follows:
Sec. 5-1-37. – Compensation of judges and board of elections.
\[(a) The judges of election shall each receive sixty dollars ($60.00) in full compensation
for their services as judges at such election, except that election judges at the Absent Voters'
Precinct shall receive fifty dollars ($50.00) per day in full compensation for their services prior to
the day of election and sixty dollars ($60.00) in full compensation for their services on election
day.\]
\[(b)\] The members of the Board of Elections, except for the City Clerk, shall each
receive compensation determined by Ordinance \[fifteen dollars ($15.00) in compensation\] for
attending each meeting of the Board of Elections\[; provided, however, that on any municipal
election day, members of the Board of Elections, except for the City Clerk, shall receive sixty
dollars ($60.00) each in full compensation for their services at such election\]. The City Clerk shall
not receive any additional compensation beyond that provided for in Title VI of this Code for
service as a member of the Board of Elections.
SECTION 11.
Section 38 of Chapter 1 of Title V of the Pueblo Municipal Code is deleted in its entirety
and reserved.
SECTION 12.
Section 45 of Chapter 1 of Title V of the Pueblo Municipal Code is deleted in its entirety
and reserved.
SECTION 13.
Section 47 of Chapter 1 of Title V of the Pueblo Municipal Code is deleted in its entirety
and reserved.
6
SECTION 14.
Section 48 of Chapter 1 of Title V of the Pueblo Municipal Code is deleted in its entirety
and reserved.
SECTION 15.
Section 55 of Chapter 1 of Title V of the Pueblo Municipal Code is amended to read as
follows:
Sec. 5-1-55. – Cards of instruction.
The Clerk shall furnish to the judges of election \[of each precinct\] a sufficient number of
instruction cards for the guidance of voters in preparing their ballots. The election judges shall
post at least one (1) card in each polling place upon the day of election. Such card shall be printed
in large, clear type, and shall contain full instructions to the voter as to what should be done\[:
(1) To obtain admission to the voting machine for voting;
(2) To operate the voting machine; and
(3) To obtain assistance in operating the voting machine\].
SECTION 16.
Section 90 of Chapter 1 of Title V of the Pueblo Municipal Code is repealed in its entirety,
reserved, and reenacted as Section 25 of Chapter 1 of Title V of the Pueblo Municipal Code to
read as follows:
Sec. 5-1-25. – Write-in candidate affidavits.
No write-in vote for any municipal office shall be counted unless an affidavit of intent has
been filed with the City Clerk by the person whose name is written in not less than \[thirty (30)\]
sixty-four (64) days prior to the day of the election. The affidavit of intent shall indicate that such
person desires the office and is qualified to assume the duties of that office if elected.
SECTION 17.
Section 115 of Chapter 1 of Title V of the Pueblo Municipal Code is amended to read as
follows:
Sec. 5-1-115. – Returns; canvass.
* * *
(b) The Board of Elections shall meet as a canvassing board, no later than the
th
\[seventh\] tenth (10) day after each City election, and canvass the result thereof.
SECTION 18. Section 1 of Chapter 3 of Title V of the Pueblo Municipal Code is amended to read
as follows:
Sec. 5-3-1. – Option to hold mail ballot elections.
7
\[Upon recommendation of\] Excluding coordinated elections conducted by the
County, and unless otherwise recommended by the Board of Elections, \[the City Council may
authorize and direct by resolution or ordinance that any\] all City of Pueblo regular or special
municipal elections shall be conducted as \[a\] mail ballot elections.
SECTION 19. Section 3 of Chapter 3 of Title V of the Pueblo Municipal Code is amended to read
as follows:
Sec. 5-3-3. – Mayoral runoff elections.
* * *
(g) In the event of the death, disqualification or withdrawal of either of the two (2) runoff
Mayoral candidates prior to the \[mailing\] printing 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 20.
The officers and staff of the City are authorized and directed to take all action necessary,
appropriate or required to implement the provisions of this Ordinance.
SECTION 21.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.Action by City Council:
Introduced and initial adoption of Ordinance by City Council on November 13, 2023.
Final adoption of Ordinance by City Council on November 27, 2023.
____________________________
President of City Council
Action by the Mayor:
☒ Approved on November 29, 2023 .
☐ Disapproved on ______________ based on the following objections:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
____________________________
Mayor
8
Action by City Council After Disapproval by the Mayor:
☐ Council did not act to override the Mayor's veto.
☐ Ordinance re-adopted on a vote of ____________, on _____________
☐ Council action on _______ failed to override the Mayor’s veto.
____________________________
President of City Council
ATTEST
________________________________
City Clerk
9
City Clerk's Office Item # R13
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: November 27, 2023
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Marisa Stoller, City Clerk
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PUEBLO,
COLORADO, AMENDED TITLE V OF THE PUEBLO MUNICIPAL CODE,
REGARDING ELECTIONS
SUMMARY:
The following ordinance updates and amends the election code to bring it up to date and
in line with state standards.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The election of the position of Mayor requires that a candidate receive over 50% of the
vote in the initial November election or face a run off of the top two candidates in January.
Previously, this run off election and other elections have been coordinated and held by
Pueblo County, but the County has stated they are unable to hold an upcoming run off
election, should it be necessary, requiring that the City to host its own election. This
prompted a review of the City’s election code, which was found to be fairly out of date in
a variety of ways, necessitating this update.
FINANCIAL IMPLICATIONS:
There are some increases to the cost of payment of election judges that bring them up
to modern day standards as required by federal law.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
1
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
The City Council can choose not to approve the ordinance, which would leave
contradictions with the state law and possibly open the City up to potential voter
disenfranchisement lawsuits.
RECOMMENDATION:
Passage of the Ordinance.
ATTACHMENTS:
1. Ordinance
2