HomeMy WebLinkAbout07151ORDINANCE NO. 7151
AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY
OF PUEBLO AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 2004,
PROPOSED AMENDMENTS TO ARTICLES 17, 18 AND 19 OF THE CHARTER OF THE CITY
OF PUEBLO RELATING TO ELECTIONS, INITIATIVE AND REFERENDUM, AND RECALL FOR
ELECTIVE OFFICERS
WHEREAS, provisions of the Charter of the City of Pueblo concerning elections, initiative
and referendum and recall for elective officers are either inconsistent with state statutes concerning
the same subject matter, or present practical difficulties in the holding of coordinated elections; and
WHEREAS, amendment of said Charter provisions would permit removal of obsolete
language, permit the Charter to be conformed to a greater extent with state election statutes,
reduce confusion for candidates as well as proponents and opponents of measures presented by
initiative or referendum, and eliminate some of the difficulties presently being encountered in
conducting coordinated elections; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter
being deleted; underscoring indicates new matter being added)
SECTION 1
There is hereby submitted to a vote of the registered electors of the City of Pueblo at the
special municipal election to be held November 2, 2004, an amendment to Article 17 of the Charter
of the City of Pueblo amending Section 17 -2 to read as follows:
Section 17 -2. Municipal Elections - A general municipal election shall be held on
the first Tuesday [after the first Monday] in November of [1955] 2005 and on the first
Tuesday [after the first Monday] in November of every second year thereafter. Special
municipal elections shall be held in accord with the provisions of this Charter.
SECTION 2_
The ballot title (submission clause and title) for the proposed Charter amendment set forth in
Section 1 hereof is hereby fixed and adopted as follows:
Question _ - Charter Amendment
Dates of Holding General Municipal Elections
SHALL THE CHARTER OF THE CITY OF PUEBLO RELATING TO
ELECTIONS BE AMENDED BY DELETING OBSOLETE
LANGUAGE AND CHANGING THE DAY FOR HOLDING GENERAL
MUNICIPAL ELECTIONS FROM THE FIRST TUESDAY AFTER
THE FIRST MONDAY IN NOVEMBER OF ODD NUMBERED
YEARS TO THE FIRST TUESDAY IN NOVEMBER OF ODD
NUMBERED YEARS?
YES
NO
SECTION 3
There is hereby submitted to a vote of the registered electors of the City of Pueblo at the
special municipal election to be held November 2, 2004, an amendment to Article 17 of the Charter
of the City of Pueblo amending Section 17 -5 to read as follows:
Section 17 -5. Acceptance of Nomination -No nominating petition shall be
accepted unless accompanied by a signed acceptance of the nomination form, such form to
be determined by the City Clerk.
If a petition is found to be signed by more persons than the number legally
permitted, the last signatures in excess of that number shall be disregarded even if some of
the earlier signatures are void. If a petition is found to be signed by fewer persons than the
number certified, the signatures shall be accepted unless void on other grounds. If a
petition is found to be signed by more persons than the number of signatures certified by
the circulator, the last signatures in excess of the number certified shall be disregarded.
Within five days after the filing of a nominating petition the [election authorities] City Clerk
shall notify the candidate and the person who filed the petition whether or not it is found to
be signed by the required number of qualified electors. If a petition is found insufficient, the
[election authorities] City Clerk shall return it immediately to the person who filed it with a
statement certifying wherein the petition is found insufficient. Within the regular time for
filing petitions such a petition may be amended and filed again as a new petition (in which
case the time of the first filing shall be disregarded in determining the validity of signatures
thereon) or a different petition may be filed for the same candidate. The petition of each
person nominated shall be preserved by the [election authorities] City Clerk until the
expiration of the term of office for which he has been nominated. Any signature made
earlier than sixty (60) days prior to the date of the election shall be void. All nominating
papers comprising a petition shall be filed as one instrument with the [election authorities]
City Clerk not earlier than [sixty (60)] ninety -one (91) days before the election and not later
than [thirty (30)] seventy -one (71) days before the election. The [election authorities] City
Clerk shall make a record of the exact time at which each petition is filed and shall take and
preserve the name and address of the person by whom it is filed. A person who has been
nominated, may [, not later than fifteen (15) days before the day of election] withdraw by
filing with the City Clerk a request therefor in writing, and in the event that the withdrawal of
candidacy is not made in time for the candidate's name to be taken off the ballot, any votes
for the candidate shall be deemed invalid and shall not be counted [no name so withdrawn
shall be placed upon the ballot].
SECTION 4_
The ballot title (submission clause and title) for the proposed Charter amendment set forth
in Section 3 hereof is hereby fixed and adopted as follows:
Question _ - Charter Amendment
Deadlines for Filing Nominating Petitions with City Clerk
SHALL THE CHARTER OF THE CITY OF PUEBLO RELATING TO
ELECTIONS BE AMENDED BY AMENDING SECTION 17 -5
THEREOF, CLARIFYING THAT NOMINATING PETITIONS ARE TO
BE FILED WITH THE CITY CLERK, THAT THE CITY CLERK
REVIEW SUCH PETITIONS FOR THE REQUISITE NUMBER OF
SIGNATURES, THAT THE CITY CLERK RETURN SUCH
PETITIONS TO THE PERSON WHO FILED IT IF FOUND
INSUFFICIENT, THAT THE CITY CLERK PRESERVE SUCH
PETITIONS, PROVIDING THAT SUCH PETITIONS MUST BE
FILED WITH THE CITY CLERK NOT EARLIER THAN NINETY -ONE
(91) DAYS BEFORE THE ELECTION AND NOT LATER THAN
SEVENTY -ONE (71) DAYS BEFORE THE ELECTION, AND
PROVIDING PROCEDURES FOR WITHDRAWAL OF
CANDIDACY?
YES
NO
SECTION 5
There is hereby submitted to a vote of the registered electors of the City of Pueblo at the
special municipal election to be held November 2, 2004, an amendment to Article 17 of the Charter
of the City of Pueblo amending Sections 17 -8 and 17 -9 to read as follows:
Section 17 -8. Registration - Registration of all voters shall be as follows:
a. The City Clerk shall register all voters at his or her office up to and including
[twenty -five (25)] twenty -nine (29) days before any election.
b. A voter may be legally registered by presenting himself in person or by a
member of his immediate family of legal age residing at the same address.
C. The name of a voter once registered shall remain on the registration list until
stricken as hereby provided:
(1) Within thirty (30) days after any general city election the City Clerk
shall strike from the registration lists in each precinct the name of every person who failed
to vote at such election.
(2) At any time up to and including [twenty -five (25)] twenty -nine (29)
days before any election, any qualified elector may file a verified complaint with the Judge
of the Municipal Court, giving the name, or names of any person or persons, whom he
believes to be illegally registered with his reasons therefor. Immediately upon receipt of
such a complaint the Municipal Judge shall issue and provide for the delivery of a summons
which shall command attendance at a hearing before him of such persons mentioned in the
verified complaint. If upon hearing, it shall appear that any such person, or persons, has
been illegally registered, his name shall be stricken from the registration list.
d. [Any voter registered in one precinct and who has moved to another must
present himself in person, or by a member of his immediate family of legal age residing at
the same address, at the City Clerk's office at any time up to and including twenty -five (25)
days before any election and change his registration to such new precinct. Any registered
voter who moves during the twenty -five (25) days previous to the election shall vote in the
precinct where registered. Except as herein provided, no person shall be permitted to vote
unless he resides in the precinct where registered.] For the twenty -nine (29) days before
and on the day of any municipal election, any registered elector, by appearing in person at
the City Clerk's office, may complete a sworn affidavit for change of address from a precinct
within the City in which the elector is registered, stating that the elector has moved prior to
the thirtieth day before the election and that the elector has lived at the new address in the
new precinct within the City for at least thirty days. Upon the receipt of the request, the City
Clerk shall verifv the reaistration of the elector at the new address and. upon verification.
change the elector's registration to the new address.
Section 17 -9. Optional Registration Plan - At any time in the future the City Council may
adopt this plan for registration instead of the aforementioned Section. Registration of all
qualified electors shall be follows: The City Clerk shall, not later than [twenty -five (25)]
twenty -nine (29) days before any City election, obtain from the County Clerk a registration
list of all qualified electors who are residents of the City of Pueblo. Such registration list
shall be the official city registration record. All qualified electors shall be considered duly
registered and continue to be registered until such time as their names are stricken from the
election records of the County Clerk.
SECTION 6
The ballot title (submission clause and title) for the proposed Charter amendment set forth
in Section 5 hereof is hereby fixed and adopted as follows:
Question _ - Charter Amendment
Voter Registration
SHALL THE CHARTER OF THE CITY OF PUEBLO RELATING TO ELECTIONS BE AMENDED
TO GENERALLY CONFORM TO STATE STATUTES BY CHANGING THE DEADLINES FOR
REGISTERING TO VOTE AND FOR CHALLENGING THE REGISTRATION OF ANY PERSON,
ALL FROM TWENTY -FIVE (25) DAYS BEFORE ANY ELECTION TO TWENTY -NINE (29) DAYS
BEFORE ANY ELECTION, AND CONFORMING THE PROCEDURE FOR CHANGING AN
ELECTOR'S ADDRESS TO THAT PROVIDED IN THE MUNICIPAL ELECTION CODE?
YES
NO
SECTION 7
There is hereby submitted to a vote of the registered electors of the City of Pueblo at the
special municipal election to be held November 2, 2004, an amendment to Article 19 of the Charter
of the City of Pueblo amending Sections 19 -1, 19 -3 and 19 -5 to read as follows:
Section 19 -1. Petition for Recall - Any elective officer may be recalled by the
[qualified] registered electors of Pueblo. The procedure to effect such removal shall be as
follows: No recall petition shall be circulated until the form thereof has been approved by
the City Clerk, who shall approve or disapprove the form of petition by close of business of
the second business day following submission of the proposed form of petition. A petition
signed by [qualified] registered electors residing in the area from which [he] an elected
officer is elected, equal in number to at least [forty (40)] twenty -five (25) per centum of the
entire vote cast [for the officer sought to be removed] at the last preceding election for all
candidates for the position which the incumbent sought to be recalled occupies demanding
an election for the recall of such incumbent, and for the election of his successor, shall be
addressed to the Council and filed with the City Clerk. The petition shall contain a specific
statement in not more than [five hundred (500)] two hundred (200) words [on] of the
grounds upon which removal is sought. The signatures on the petition need not all be
appended to one page of the petition but every signer shall include thereon the place of
residence, with sufficient description to identify it. One of the signers of each such petition
shall make affidavit before an officer competent to administer oaths, that each signature
appended to the petition is the genuine signature of the person whose name it purports to
be. [Said affidavit as to the charges may be on information and belief.] All papers
composing said petition shall be filed as one instrument with an endorsement thereon of the
names and addresses of three person designated as filing the same; provided, that before
any petition for recall is circulated, an affidavit of not more than [five hundred (500)] two
hundred (200) words shall be made by one or more [qualified] registered electors residing
in the area from which the officer is elected, stating the name of the officer sought to be
removed and the grounds upon which the removal is sought, and filed with the City Clerk.
Said affidavit may be on information and belief. The officer sought to be removed may file
with the City Clerk [an affidavit] a statement of not more than [five hundred (500)] three
hundred (300) words in reply by way of [defense to said charges] justification of his or her
course in office The City Clerk shall provide blank forms for such petitions.]
Section 19 -3. Calling Election - If the petition or amended petition is found
sufficient, the City Clerk shall submit the same with his or her certificate to the Board of
Elections without delay. If the officer sought to be removed does not resign within five (5)
days thereafter, the Council shall order an election to be held on a Tuesday, fixed by it, not
less than [thirty (30)] forty -five (45) nor more than [forty (40)] ninety (90) days from the date
of the City Clerk's certificate that a sufficient petition is filed; provided, that if any city
election is to occur within [sixty (60)] ninety (90) days from the date of the City Clerk's
certificate, the [Council shall postpone the holding of the removal] recall election shall,
whenever feasible, be held as a part [to the date] of such other city election.
There shall be no administrative protest procedure to challenge the City Clerk's
determination of sufficiency or insufficiency of the petition.
If a vacancy occurs in said office after a recall election has been ordered, the
election to fill the vacancy shall nevertheless proceed as provided in this Article.
Section 19 -5. Nominations on Recall - Anyone desiring to become a candidate at the
recall election shall do so by petition as required in Section 17 -4, except that nominating
Petitions may be circulated beginning on the first business day after the Council sets the
date for the recall election, and shall be filed with [which, if presented to] the City Clerk at
least [fifteen (15)] twenty (20) days before said election[, shall entitle him] in order to have
[his] the candidate's name placed on the ballot.
The officer sought to be recalled shall not be a candidate to succeed himself.
SECTION 8
The ballot title (submission clause and title) for the proposed Charter amendment set forth
in Section 7 hereof is hereby fixed and adopted as follows:
Question _ - Charter Amendment
Recall of Elective Officers
SHALL THE CHARTER OF THE CITY OF PUEBLO RELATING TO
RECALL OF ELECTIVE OFFICERS BE AMENDED TO GENERALLY
CONFORM TO STATE STATUTES BY: REQUIRING RECALL
PETITIONS TO BE SIGNED BY REGISTERED ELECTORS EQUAL
IN NUMBER TO AT LEAST TWENTY -FIVE PERCENT OF THE
ENTIRE VOTE CAST AT THE PRECEDING ELECTION FOR ALL
CANDIDATES FOR THE POSITION WHICH THE INCUMBENT
SOUGHT TO BE RECALLED OCCUPIES; PROVIDING FOR THE
AFFIDAVIT AND PETITION TO CONTAIN A STATEMENT OF THE
GROUNDS FOR RECALL NOT EXCEEDING 200 WORDS;
PROVIDING FOR THE OFFICER SOUGHT TO BE REMOVED TO
SUBMIT A JUSTIFICATION OF HIS OR HER COURSE IN OFFICE
NOT EXCEEDING 300 WORDS; PROVIDING FOR REQUIRED
APPROVAL OF THE FORM OF RECALL PETITIONS BY THE CITY
CLERK BEFORE CIRCULATION THEREOF; PROVIDING FOR
RECALL ELECTIONS TO BE HELD NOT LESS THAN 45 NOR MORE
THAN 90 DAYS FROM THE DATE THE CITY CLERK DETERMINES
THAT A SUFFICIENT PETITION FOR RECALL HAS BEEN FILED
WITH A PREFERENCE, WHENEVER FEASIBLE, FOR HOLDING
SUCH ELECTION ON THE DATE OF ANY OTHER CITY ELECTION
SCHEDULED TO OCCUR WITHIN 90 DAYS OF SUCH
DETERMINATION OF SUFFICIENCY; PROVIDING THAT THERE
SHALL BE NO ADMINISTRATIVE PROTEST PROCEDURES TO
CHALLENGE THE CITY CLERK'S DETERMINATION OF
SUFFICIENCY OF RECALL PETITIONS; AND PROVIDING THAT
REPLACEMENT CANDIDATES MAY CIRCULATE NOMINATING
PETITIONS BEGINNING ON THE DAY AFTER THE CITY CLERK'S
DETERMINATION OF PETITION SUFFICIENCY AND REQUIRING
SUCH NOMINATING PETITIONS TO BE FILED WITH THE CITY
CLERK NOT LATER THAN 20 DAYS BEFORE THE RECALL
ELECTION?
YES
NO
SECTION 9_
There is hereby submitted to a vote of the registered electors of the City of Pueblo at the
special municipal election to be held November 2, 2004, an amendment to Article 18 of the Charter of
the City of Pueblo amending Sections 18 -1, 18 -2, 18 -3 and 18 -4 to read as follows:
Section 18 -1. The Initiative - Any proposed ordinance may be submitted to the
Council by petition signed by [qualified] registered electors of the City equal in number to the
percentage hereinafter required.
Section 18 -2. Submissions - If the petition accompanying the proposed ordinance is
signed by [qualified] registered electors equal in number to [fifteen (15)] five 5 per centum of
the total vote cast in the last general city election, and requests that such proposed ordinance
be submitted to a vote of the people, the Council shall either pass said ordinance within thirty
(30) days without alterations, subject to the referendum, or refer the proposed ordinance to the
registered electors of the City at a regular or [call a] special city election to be held not less
than sixty (60) days and not more than one hundred fifty (150) days after the final
determination of petition sufficiency by the City Clerk j, unless a general or special city election
is to occur within ninety (90) days thereafter, and at such special or general election submit
said proposed ordinance to a vote of the qualified electors of the City].
[If the petition is signed by qualified electors in number equal to at least ten (10) per
centum of the total vote cast in the last general city election, and is filed with the City Clerk at
least sixty (60) days before any general city election, the Council shall pass said proposed
ordinance without alteration within thirty (30) days, or shall submit same to a vote of the
qualified electors at the next general city election.]
An initiated ordinance shall be published in like manner as other proposed ordinances.
The ballot title shall be fixed by Council, shall correctly and fairly express the intent and
meaning of the measure, and, whenever possible, avoid titles for which the general
understanding of a "yes" or "no" vote would be unclear. [upon which such proposed ordinance
is submitted shall state briefly its nature and shall contain the words: "For the Ordinance" and
"Against the Ordinance. "] If a majority of the [qualified] registered electors voting thereon shall
vote in favor thereof, the same shall thereupon without further publication become an
ordinance of the City.
Any number of proposed ordinances may be submitted at the same election. Not more
than one special election under this Article shall be held in any twelve months. Special
elections during said period held under other Articles of this Charter shall not be counted.
There shall be no administrative protest procedure to challenge the City Clerk's
determination of sufficiency or insufficiency of the petition.
Section 18 -3. The Referendum - The referendum shall apply to all ordinances passed
by the Council, except ordinances making the tax levy, the annual appropriation or ordering
improvements initiated by petition and to be paid for by special assessments. If at any time
within thirty (30) days after the final passage of an ordinance to which the referendum is
applicable, a petition signed by [qualified] registered electors equal in number to at least
[fifteen (15)] five 5 per centum of the total vote cast in the last general city election, be
presented to the Council, protesting against the going into effect of any ordinance, the same
shall thereupon be suspended, and the Council shall reconsider such ordinance and if the
same be not entirely repealed, shall submit the same to a vote of the [qualified] registered
electors of the City, in manner as provided in respect to the Initiative, at the next general city
election or at a special election called therefor. Such ordinance shall then go into effect if a
majority of the qualified electors voting thereon vote in favor thereof, without further
publication. The Council, of its own motion, shall have the power to submit, at a general or
special election, any proposed ordinance to the vote of the people, in manner as in this
Charter provided. If provisions of two or more proposed ordinances adopted or approved at
the same election conflict, the ordinance receiving the highest affirmative vote shall become
effective.
Section 18 -4. Procedure - [The] Except as provided in this Charter or by ordinance
adopted by the Council, the procedures respecting initiative and referendum petitions shall be
substantially as provided in [Section 19 -2 of this Charter] the Colorado Municipal Election
Code of 1965, as amended with such modifications as the nature of the case requires, except
that no blank forms shall be furnished or preliminary affidavits required.
SECTION 10
The ballot title (submission clause and title) for the proposed Charter amendment set forth in
Section 9 hereof is hereby fixed and adopted as follows:
Question _ - Charter Amendment
Initiative and Referendum
SHALL THE CHARTER OF THE CITY OF PUEBLO RELATING TO INITIATIVE AND
REFERENDUM ELECTIONS BE AMENDED BY: REQUIRING INITIATIVE AND
REFERENDUM PETITIONS TO BE SIGNED BY REGISTERED ELECTORS EQUAL
TO AT LEAST FIVE PERCENT (5 %) OF THE TOTAL VOTE CAST IN THE LAST CITY
ELECTION; PROVIDING THAT ANY ELECTION ON AN INITIATED OR REFERRED
MEASURE BE HELD NOT LESS THAN SIXTY (60) AND NOT MORE THAN ONE
HUNDRED FIFTY (150) DAYS AFTER THE INITIATIVE OR REFERENDUM PETITION
IS FOUND SUFFICIENT BY THE CITY CLERK; PROVIDING FOR BALLOT TITLES TO
BE FIXED BY THE CITY COUNCIL WHICH SHALL CORRECTLY AND FAIRLY
EXPRESS THE INTENT OF THE MEASURES; PROVIDING THAT THERE SHALL BE
NO ADMINISTRATIVE PROTEST PROCEDURES TO CHALLENGE THE CITY
CLERK'S DETERMINATION OF SUFFICIENCY OR INSUFFICIENCY OF PETITIONS;
AND PROVIDING THAT EXCEPT AS PROVIDED BY SAID CHARTER AND
ORDINANCES OF THE CITY ADOPTED BY CITY COUNCIL, THE PROCEDURES
FOR INITIATIVE AND REFERENDUM PETITIONS SHALL BE SUBSTANTIALLY AS
PROVIDED IN THE COLORADO MUNICIPAL ELECTION CODE OF 1965, AS
AMENDED?
YES
NO
SFCTION 11 _
The officials of the City are authorized and directed to take all actions necessary, appropriate
or required to effectuate the provisions of this Ordinance. The City Clerk is directed to publish notice
of election upon the Charter amendments in conformity with the provisions of section 31 -2- 210(4),
C.R.S.
SECTION 12
This Ordinance shall become effective upon final passage; provided, however, that each
Charter amendment set forth in this Ordinance shall become effective only upon the affirmative vote
thereon of a majority of the registered electors voting thereon at the special municipal election held on
November 2, 2004.
INTRODUCED Mav 24. 2004
w,
Michael Occhiato
Councilperson
PREt
PASSED AND APPROVED June 14, 2004
ME724in E SO - A L - I
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Background Paper for Proposed
ORDINANCE
DATE: MAY 24, 2004
AGENDA ITEM # PS
DEPARTMENT: CITY CLERK
GINA DUTCHER, CMC
TITLE
AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED
ELECTORS OF THE CITY OF PUEBLO AT THE SPECIAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 2, 2004, PROPOSED
AMENDMENTS TO ARTICLES 17, 18 AND 19 OF THE CHARTER OF THE
CITY OF PUEBLO RELATING TO ELECTIONS, INITIATIVE AND
REFERENDUM, AND RECALL FOR ELECTIVE OFFICERS
ISSUE
Shall the City Council submit to a vote of the People on November 2, 2004,
proposed amendments to Articles 17, 18 and 19 of the charter of the City of
Pueblo relating to elections, initiative and referendum, and recall for elective
officers?
RECOMMENDATION
Submit the proposed amendments to a vote of the People.
BACKGROUND
The provisions of the Charter of the City of Pueblo concerning elections, initiative
and referendum and recall for elective officers were last modified by an election
held on November 7, 1989. In the years since that time, the state statutes
concerning the same subject matter have changed and are either providing
inconsistencies with, or present practical difficulties in the holding of coordinated
elections.
The proposed amendments are reviewed and summarized as follows:
Article 17 Elections
Section 17 -2. Municipal Elections
The longstanding language of general municipal elections being held on the first
Tuesday after the first Monday in November is in conflict with the passage of the
TABOR election provisions to hold elections on the First Tuesday in November of
Odd - Numbered Years. The proposed deletion of "after the first Monday"
provides consistency with Article X Section 20 3(a) of the Colorado Constitution.
Section 17 -5. Acceptance of Nomination
Change in wording from "election authorities" to "City Clerk" to keep the Election
Responsibilities consistent with the City Clerk's responsibilities for Municipal
Elections.
The City has held its elections in recent years as part of a coordinated election
with other entities, which theoretically results in cost savings to the taxpayers. In
general, ballot content for these elections must be made available to the County
Clerk much earlier than under our Charter, which has lead to some strain in
getting the ballots printed in a timely manner. Under. C.R.S. §1 -4 -805,
nominating petitions in coordinated elections may first be circulated 91 days
before the election and must be submitted 71 days prior to the election. The
changes proposed to this section change the nominating deadlines to conform to
this statute. The changes also have an unintended benefit of allowing a slightly
longer period for voters to become familiar with the candidates seeking office.
Amends the language for a candidate wishing to withdraw their candidacy to be
consistent with 1-4 -1001 C.R.S.
Section 17-8. Registration
The current 25 -day (before the election) registration deadline is in conflict with
the registration deadline according to the Municipal Election Code. The 29 -day
limit is consistent with C.R.S. §31 -10 -205.
Article 18 - The Initiative and Referendum
Section 18 -1. The Initiative
Use of the problematic phrase "qualified electors" would be avoided in favor
"registered electors" and be thereby made consistent with C.R.S. 31 -11 -108.
Section 18 -2. Submissions
Changes the number of signatures required on proposed ordinances submitted
to Council by petition from qualified electors equal in number to 15% of the total
vote cast in the last general election to registered electors in number equal to 5%
and amends the time frame for setting an election date to be consistent with
C.R.S. 31 -11- 104(1).
Adds language relating to the ballot title so as to clearly express the meaning of a
yes or no vote. The addition is consistent with C.R.S. 31 -11- 111(3).
Although state statute provides for an administrative protest process to challenge
petition sufficiency, the Pueblo Charter does not provide, and has not been
interpreted as providing, a protest procedure. From a practical standpoint,
administrative protest provisions present scheduling difficulties as well as
additional expense for the City and petitioners. For that reason, a provision has
been added clarifying the long- standing Pueblo Charter approach rather than
conforming it to the state procedure.
Section 18 -3. The Referendum
Changes the number of signatures required on referendum petition from qualified
electors equal in number to 15% of the total vote cast in the last general election
to registered electors in number equal to 5% in alignment with C.R.S. 31 -11 -105.
Section 18-4. Procedure
Aligns the procedure respecting initiative and referendum petitions as provided in
Section 19 -2 of the Charter to the Colorado Municipal Election Code of 1965, as
amended. Consistent with C.R.S. 31 -10 -102.7
Article 19 Recall For Elected Officers.
Section 19 -1. Petition for Recall
Use of the problematic phrase "qualified electors" would be changed to
"registered electors" and be consistence with C.R.S. 31 -11 -108.
Changes the format for recall petitions to be consistent with other petition formats
from the City Clerk.
The City Attorney has previously determined that the 40% requirement in §19 -1
of the Charter conflicts with, and has been superseded by, provisions in Article
21 §4 of the Colorado Constitution, in accordance with a decision by the
Supreme Court in Shroyer v. Sokol, Proposed change substitutes the number of
required signatures from "at least 40% of the vote cast for the officer sought to be
removed to "at least 25% of the entire vote cast at the last preceding election for
all candidates for the position which the incumbent sought to be recalled
occupies.
Providing for consistency with C.R.S. §1 -12 -103, changes to the statement on a
recall petition from 500 words to 200 words of the grounds upon which removal is
sought and changes the statement from the officer sought to be recalled from
"not more than 500 words" to "not more than 300 words" of justification of his or
her course in office.
Section 19 -3. Calling Election
Expanding the amount of time requirements for a recall election is necessary in
order to adequately organize an election, which involves electronic voting
equipment, ordering, printing, and receiving the ballots. If a regular election is to
be held within 90 days, it is both prudent and more cost- efficient to hold the
election at that time, which the proposal would do. (1 -12 -111)
Although state statute provides for an administrative protest process to challenge
petition sufficiency, the Pueblo Charter does not provide, and has not been
interpreted as providing, a protest procedure. From a practical standpoint,
administrative protest provisions present scheduling difficulties as well as
additional expense for the City and petitioners. For that reasons, a provision has
been added clarifying the long- standing Pueblo Charter approach rather than
conforming it to the state procedure.
SECTION 19 -5 Nominations on Recall
A change in the filing date to 20 days before the election instead of 15 days for
nominating petitions of anyone wishing to become a candidate at a recall election
allows additional days for getting the ballots printed.
FINANCIAL IMPACT:
1►I 1-