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
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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.