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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 � t -t�r) rS;7 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-