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HomeMy WebLinkAbout07290ORDINANCE NO. 7290 AN ORDINANCE AMENDING TITLE V OF THE PUEBLO MUNICIPAL CODE RELATING TO ELECTIONS AND MAIL BALLOT ELECTIONS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate material being deleted; underscoring indicates new material being added.) SECTION 1 Section 5 -1 -2 of Chapter 1 of Title V of the Pueblo Municipal Code, as amended, is amended by the addition of new subsections (17), (18), and (19) to read as follows: 5 -1 -2. Definitions. (17) Mail ballot election means an election for which eligible registered electors ma cast ballots by mail and in accordance with this Title in a reaular or special municipal election. (18) Mail ballot packet means the packet of information provided by the City Clerk to eligible registered electors in a mail ballot election. The packet includes the ballot, instructions for completina the ballot. a secrecv envelope and a return envelope. (19) Return envelope means an envelope that is printed with spaces for the name and address of, and a self- affirmation to be signed by, an eligible elector voting in a mail ballot election, that contains a secrecy envelope and ballot for the elector, and that is designed to allow election officials, upon examining the signature, name, and address on the outside of the envelope, to determine whether the enclosed ballot is being submitted by an eligible elector who has not previously voted in that particular election. (20) Secrecy envelope means the envelope used for a mail ballot election that contains the eligible elector's ballot for the election 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 Paragraph (3) of subsection (a) of Section 5 -1 -13 of Chapter 1 of Title V of the Pueblo Municipal Code, as amended, is amended to read as follows: 5 -1 -13. Qualifications of municipal electors. (3) He or she shall have resided in the City and in the municipal election precinct for not less than [twenty -five (25)] twenty -nine (29) 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 -five (25)] 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. SECTION 3 Section 5 -1 -16 of Chapter 1 of Title V of the Pueblo Municipal Code, as amended, 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 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 -five (25)] 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. SECTION 4 Section 5 -1 -17 of Chapter 1 of Title V of the Pueblo Municipal Code, as amended, is amended to read as follows: Sec. 5 -1 -17. Registration list. [The City Clerk, no] Not later than the day preceding any municipal election, the City Clerk shall [receive] 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 -fifth] twenty -ninth day preceding the municipal election. SECTION 5 Section 5 -1 -20 of Chapter 1 of Title V of the Pueblo Municipal Code, as amended, is amended to read as follows: Sec. 5 -1 -20. Nomination of municipal officers. Nomination petitions for municipal officers shall be filed with the City Clerk not earlier than [the sixtieth day] ninety -one (91) days prior to the day of election nor later than [he thirtieth day] seventy -one (71) days prior to the day of election. Any such petition shall contain the name of the candidate in the form he or she wishes it to appear on the ballot, except that a candidate's name shall not contain or include any title or degree relating to the profession or level of educational achievement of the candidate. SECTION 6 Title V, Chapter 1, Section 115 of the Pueblo Municipal Code, as amended, is amended to read as follows: Sec. 5 -1 -115. Returns; canvass. (a) The returns of all municipal elections shall be addressed to the Board of Elections. (b) The Board of Election shall meet as a canvassing board [on the third day] no later than the seventh day after each City election and canvass the result thereof. SECTION 7 Title V of the Pueblo Municipal Code is hereby amended by the addition of a new Chapter 3 thereto to read as follows: CHAPTER 3 Mail Ballot Elections Sec. 5 -3 -1. Option to hold mail ballot elections. Upon recommendation of the Board of Elections, the City Council may authorize and direct by resolution or ordinance, that any regular or special municipal election be conducted as a mail ballot election. Sec. 5 -3 -2. Mail Ballot Election Procedures. (a) Mail ballot elections shall be conducted in accordance with the procedures set forth in the Mail Ballot Election Act, Colo. Rev. Stat. 1 1-7.5-101, et. seq. (2004). (b) To the extent of any conflict between the Mail Ballot Election Act and the Charter of the City or Title V of the Pueblo Municipal Code, the requirements and provisions of the Charter or Code shall control and supersede the requirements and provisions of the Mail Ballot Election Act. (c) Copies of the Mail Ballot Election Act are available for inspection, copying, distribution and sale to the public in the Office of the City Clerk. SECTION 8 This Ordinance shall become effective thirty (30) days after final passage and approval. INTRODUCED April 11, 2005 BY Jeff Chostner Councilperson APPROVED: PRES1DENT 9F CITY CPWCIL ATTESTED BY: CITY CLERK PASSED AND APPROVED April 25, 2005 -ffl7z 9D 0 Background Paper for Proposed ORDINANCE DATE: April 11, 2005 DEPARTMENT: City Clerk's Office Gina Dutcher, City Clerk AGENDA ITEM # TO 19 TITLE AN ORDINANCE AMENDING TITLE V OF THE PUEBLO MUNICIPAL CODE RELATING TO ELECTIONS AND MAIL BALLOT ELECTIONS ISSUE Should the City Council amend various sections of Title V of the Pueblo Municipal Code and update the Pueblo Election Code in order to coincide with the City Charter amendments that were approved by the voters at the November 2, 2004 Special Municipal Election and also add a new Chapter 3 to Title V relating to Mail Ballot Elections. RECOMMENDATION Approval of the Ordinance. BACKGROUND At the Special Municipal Election held on November 2, 2004, the registered electors of Pueblo voted to amend various sections in Articles 17, 18 and 19 of the City Charter as they relate to Elections. The amendments caused the City Charter to be consistent with the requirements of the Colorado Revised Statutes. The proposed amendments to Title V of the Municipal Code conform to the Charter amendments approved bythe voters and also adds a new chapter addressing mail ballot elections. The proposed amendments include the following: Section 5-1 -2: Adds four subsections to the definitions relating to mail ballot elections. Sections 5 -1 -13, 5-1 -16 and 5 -1 -17: Amends the date of registration from "not less than 25 days before the election" to "not less than 29 days before the election." Section 5 -1 -20: Amends the timeline for circulating nomination petitions for a citizen wishing to become a candidate for an elected position from "not earlier than the sbdieth day" to "not earlier than ninety-one days prior to the day of the election" and "not later than the thirtieth day" to "seventy-one days prior to the day of the election." Section 5-1 -115: Amends the date the Election Board shall canvass the election results from "on the third day" to "no later than the seventh day." Section 5 -3-1: Adds a new Chapter addressing Mail Ballot Elections. FINANCIAL IMPACT There is no financial impact.