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HomeMy WebLinkAbout05608ORDINANCE NO. 5608 AN ORDINANCE AMENDING THE PUEBLO ELECTION CODE, CHAPTER 1 OF TITLE V OF THE 1971 CODE OF ORDINANCES, RELATING TO ELECTION PROCEDURES AND COMPENSATION FOR ELECTION BOARD MEMBERS, AND PROVIDING PENALTIES FOR VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: (Brackets indicate material being deleted; underscoring indicates new material being added.) RECTMN 1- Subsection (1) (c ) of Section 5 -1 -13 of Chapter 1 of Title V of the 1971 Code of Ordinances of the City of Pueblo, as amended, is hereby amended to read as follows: (1) (c) He shall have resided in the City of Pueblo and in the municipal election precinct for [fourteen (14)] not less than twenty -five (25) days immediately preceding the election at which he offers to vote. An otherwise qualified and registered elector who moves from the municipal election precinct where registered to another precinct within the municipality within [fourteen (14)] the twenty -five (25) days prior to any regular or special municipal election shall be permitted to cast his ballot for such election at the polling place in the precinct where registered. SECTTON 2_ Section 5 -1 -16 of Chapter 1 of Title V of the 1971 Code of Ordinances of the City of Pueblo, as amended, is hereby amended to read as follows: 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 register any qualified elector residing in any precinct in Pueblo County who shall appear in person at his office at any time during which registration is permitted in the office of the county clerk[, except the fourteen (14)] up to and including twenty -five (25) 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 (15th) day of each month, and in person on the day following the last day for registration preceding any election for which registration is required. SECTION 3. Section 5 -1 -17 of Chapter 1 of Title V of the 1971 Code of Ordinances of the City of Pueblo, as amended, is hereby amended to read as follows: 5 -1 -17: REGISTRATION LIST The City Clerk, no later than the day preceding any municipal election, shall receive from the county clerk of Pueblo County 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 [fourteenth (14th)] twenty -fifth (25th) day preceding the municipal election. SECTION 4. Section 5 -1 -37 of Chapter 1 of Title V of the 1971 Code of Ordinances of the City of Pueblo, is hereby amended to read as follows: 5 -1 -37: COMPENSATION OF JUDGES AND ELECTION BOARD MEMBERS (1) 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's 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 compensa- tion for their services on election day. (2) The members of the Board of Elections, except for the City Clerk, shall each receive five dollars ($5.00) 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 Cit Clerk, shall receive sixty dollars ($60.00) each in full compe nsation for their services at such election. The Citv -2- 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 5 Section 5 -1 -51 of Chapter 1 of Title V of the 1971 Code of Ordinances of the City of Pueblo, as amended, is hereby amended to read as follows: 5 -1 -51: POSITION ON BALLOT; DRAWING, [ROTATING] Candidates for any position to be filled at a city election shall draw for position on the ballot, such drawing shall be held on twenty -four (24) hours notice by mail from the City Clerk, and in the absence of any candidate at such drawing, the City Clerk shall have some disinterested person draw for such candidate [;provided, however, ballots on the voting machines for each office shall be rotated]. gPrTTnM F Sections 5 -1 -94 and 5 -1 -95 of Chapter 1 of Title V of the 1971 Code of Ordinances of the City of Pueblo, as amended, are hereby amended to read as follows: 5 -1 -94: AFFIDAVIT ON RETURN ENVELOPE (1) The return envelope shall have printed on its face an affidavit substantially in the following form: "From State of City of _ County of I, , being first duly sworn according to law, depose and say that I am a qualified and registered elector in Precinct No. of Pueblo, Colorado, and that my residence and post office address is and that I enclose my ballot in accordance with the Election Code of Pueblo. Voter Subscribed and sworn to before me this day of , 19 -3- Official Signature (SEAL) Title of Officer City Clerk M (2) As provided in section 5 -1- 95(3), a handicapped registered elector who applies for his absent voter's ballot on such a basis shall not be required to comply with the affirmation provisions on the affidavit in order to have his ballot deemed complete. The clerk shall stamp such registered elector's return envelope with the statement "Notarization is not required" before the envelope is delivered or mailed to the reqistered elector. 5 -1 -95: MANNER OF ABSENTEE VOTING (1) Any registered elector applying for and receiving an absent voter's ballot, in casting such ballot, shall make and subscribe to the affidavit on the return identification envelope before an officer authorized by law to administer oaths, who shall administer said oath without charge there- for[e]. The voter shall thereupon mark the ballot, in the presence of such officer and no other persons, but in such manner that such officer cannot know how the ballot is marked. The voter shall, in the presence of such officer, fold the ballot so as to conceal the marking, deposit it in the return envelope, and seal the envelope securely. The envelope may be delivered personally or mailed by the voter to the Absent Voters' Precinct in care of the City Clerk of Pueblo. It shall be permissible for a voter to deliver the ballot to any person of his own choice or to any duly authorized agent of the clerk for mailing or personal delivery to the clerk. All such envelopes containing absent voters' ballots shall be in the hands of the clerk not later than the hour of 5:00 P.M. on the day of the election. The Clerk shall then deliver such ballots to the election judges of the Absent Voters' Precinct. (2) Upon receipt of an absent voter's ballot the clerk shall write or stamp upon the envelope containing the same, the date and hour such envelope was received in his office, and if the ballot was delivered in person, the name and address of the person delivering the same. He shall safely keep and preserve all absent voters' ballots unopened until the time prescribed for delivery to the judges of the Absent Voters' Precinct. The election judges shall count the votes in the same manner as votes are counted in all other polling places on election day. -4- (3) Any registered elector requesting an absent voter's ballot because he is handicapped shall not be required to complete the affidavit on the return envelope before an officer authorized by law to administer oaths. gPrTTnM 7 Section 5 -1 -108 of Chapter 1 of Title V of the 1971 Code of Ordinances of the City of Pueblo, as amended, is hereby amended to read as follows: 5 -1 -108: CHALLENGE QUESTIONS ASKED VOTER (1) If a person offering to vote be challenged as unqualified, one of the judges shall tender to him the following written oath or affirmation: "You do solemnly swear or affirm that you will fully and truly answer all such questions as shall be put to you touching your place of residence and qualifications as a registered elector at this election." (2) (a) If the person be challenged as unqualified on the ground that he is not a citizen, and will not exhibit his papers pertaining to his naturalization, the judges, or one or them, shall put the following ques- tions: (b) "Are you a citizen of the United States ?" (c) "Are you a native or naturalized citizen ?" (d) "Have you become a citizen of the United States by reason of the naturalization of your parents, or of one of them ?" (e) "Where were your parents, or one of them, naturalized ?" If the person offering to vote claims to be a natural- ized citizen of the United States, he shall state, under oath, where and in what courts he was naturalized. (3) (a) If the peson be challenged as unqualified on the ground that he has not resided in the City and state for [three (3) months] thirty -two (32) days immediately preceding the election, the judges, or one of them, shall put the following questions: (b) "Have you resided in this City and State for [three (3) months] thirty -two (32) days immediately -5- preceding this election ?" (c) "Have you been absent from this City or State within the [three (3) months] thirty -two (32) days immediately preceding the election, and during that time have you retained a home or domicile elsewhere ?" (d) "If so, when you left, was it for a temporary purpose, with the design of returning, or did you intend to remain away ?" (e) "Did you, while absent, look upon and regard this State as your home ?" (f) "Did you, while absent, vote in any state or territory ?" (4 ) If the person be challenged on the ground that he has not resided in the precinct for [fourteen (14)] twenty - five (25) days, one of the judges shall question him as to his residence in the precinct in a manner similar to the method of questioning a person as to his residence in this state. (5) If the person be challenged as unqualified on the ground that he is not eighteen (18) years of age, the judges, or one of them, shall ask the following question: "Are you eighteen (18) years of age, to the best of your knowledge and belief ?" (n) If the person challenged shall answer satisfactori- ly all of the questions put to him, he shall sign his name on the form of the challenge after the printed questions. The judges of election shall indicate in the proper place on the form of challenge whether the challenge was withdrawn and whether the challenged voter refused to answer the questions and left the polling place without voting. gPC'TTnM R Section 5 -1 -109 of Chapter 1 of Title V of the 1971 Code of Ordinances of the City of Pueblo, as amended, is hereby amended to read as follows: 5 -1 -109: OATH OF CHALLENGED VOTER If the challenge be not withdrawn after the person offering to vote shall have answered the questions put to him, one of the judges shall tender the following oath: "You do solemnly swear or affirm that you are a citizen of the United States, of the age of 18 years or over; Q-10 that you have been a resident of this City and State for [three (3) months] thirty -two (32) days next preceding this election, and have not retained a home or domicile elsewhere; and that you have been for the last [14] 25 days, and now are, a resident of this precinct or have removed therefrom not more than [14] 25 days as provided in Section 5 -1 -13 of the Election Code of Pueblo, Colorado; that you are a registered elector of this precinct; and that you have not voted at this election." SECTION 9 Violation of any provision of this Ordinance is hereby declared to be unlawful and any person found guilty of violation of any provision shall be punished as provided in Section 5 -1 -147 (27) of Title V of the 1971 Code of Ordinances as amended. SECTION 10. This Ordinance shall become effective on the 31st day after final passage and approval. ATTEST: INTRODUCED: June 11 , 1990 BY HOWARD WHITLOCK Councilman APPROVED: 4 Pe,sident of the City Council TF 38.7 -7-