HomeMy WebLinkAbout07318ORDINANCE NO. 7318
AN ORDINANCE AUTHORIZING AND DIRECTING THAT THE NOVEMBER 8, 2005 GENERAL
MUNICIPAL ELECTION BE CONDUCTED AS A MAIL BALLOT ELECTION PURSUANT TO
SECTION 5 -3 -1 OF THE PUEBLO MUNICIPAL CODE, ADOPTING FOR USE AT THE GENERAL
MUNICIPAL ELECTION THE REQUIREMENTS AND PROCEDURES OF THE UNIFORM
ELECTION CODE OF 1992 EXCEPT TO THE EXTENT THE UNIFORM ELECTION CODE OF 1992
CONFLICTS WITH A SPECIFIC PROVISION OF THE CHARTER OF THE CITY OF PUEBLO, AND
SUSPENDING FOR SUCH PURPOSES ALL ORDINANCES AND RESOLUTIONS OF THE CITY IN
CONFLICT THEREWITH
WHEREAS, pursuant to the requirements of Section 17 -2 of the City Charter, a General
Municipal Election is to be conducted on the first Tuesday following the first Monday in November,
and Tuesday, November 8, 2005 is the first Tuesday following the first Monday in November 2005
WHEREAS, the Uniform Election Code of 1992 authorizes a municipality to utilize the
requirements and procedures of the Uniform Election Code of 1992 for the conduct of a municipal
election. and
WHEREAS, pursuant to the provisions of section 5 -3 -1 of the Pueblo Municipal Code, and
upon the recommendation of the Board of Election, the City Council believes it is appropriate for the
2005 General Municipal Election to be conducted by mail ballot; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The City's General Municipal Election shall be held on November 8, 2005 and shall be
conducted as a Mail Ballot Election in accordance with Chapter 3 of Title V of the Pueblo Municipal
Code and the Mail Ballot Election Act, §1 -7.5 -101, et sec., C.R.S.
SECTION 2.
Pursuant to the authority granted by Article XX of the Colorado constitution and § §1 -1 -102 and
31 -10- 102.7. C.R.S., the requirements and procedures of the Uniform Election Code of 1992 (Articles
1 to 12 of Title 1, C.R.S. but not Article 13 thereof relating to election offenses), except to the extend
they conflict with a specific provision of the Charter of the City of Pueblo, are hereby adopted and will
be utilized in the conduct of the General Municipal Election to be held on November 8, 2005.
SECTION 3.
The City Clerk, the Board of Elections, and all officers of the City are authorized and directed to take
all action necessary, appropriate or required to effectuate the provisions of this Ordinance and to
conduct the General Municipal Election in compliance with the requirements and procedures of the
Charter of the City of Pueblo and the Uniform Election Code of 1992.
SECTION 4
The City Council does hereby adopt the optional registration plan provided for in Section 17 -9
of the Charter of the City of Pueblo and hereby determines and declares that voting machines are not
available.
SECTION 5.
Registered voters shall have the opportunity to cast ballots in person as provided by the Mail
Ballot Election Act at a polling place located in the City Clerk's office, City Hall, #1 City Hall Place,
Pueblo, Colorado.
SECTION 6.
All public notices required to be published with respect to the general municipal election shall
be published in the Pueblo Chieftain
SECTION 7.
The Pueblo Election Code and all other ordinances and resolutions of the City inconsistent
with this Ordinance are hereby superseded, suspended and repealed to the extent only of such
inconsistency for and during the conduct of the mail ballot election to be held November 8, 2005.
SECTION 8.
The Director of Finance is hereby designated as the City Council's designee responsible for
providing to the City Clerk the fiscal information that must be included in any ballot issue notice for
any initiated measure or ballot issue referred to the voters by the City Council at the mail ballot
election to be held November 8, 2005.
SECTION 9.
If any section, clause or provision of this Ordinance shall for any reason be held to be invalid
or unenforceable, the invalidity or enforceability of such section, clause or provision shall not affect
any of the remaining sections, clauses or provisions of this Ordinance.
SECTION 10.
This Ordinance shall take effect immediately upon final passage and approval.
INTRODUCED May 23, 2005
BY Michael Occhiato
Councilperson
APPROVED:
PRES1DENT 9F CITY CPWCIL
ATTESTED BY:
CITY CLERK
PASSED AND APPROVED June 13, 2005
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Background Paper for Proposed
ORDINANCE 2,
DATE: May 23, 2005 AGENDA ITEM 0 �7` J 9
DEPARTMENT: CITY CLERK'S OFFICE
Gina Dutcher, City Clerk
TITLE
AN ORDINANCE AUTHORIZING AND DIRECTING THAT THE NOVEMBER 8, 2005 GENERAL
MUNICIPAL ELECTION BE CONDUCTED AS A MAIL BALLOT ELECTION PURSUANT TO SECTION
5 -3-1 OF THE PUEBLO MUNICIPAL CODE, ADOPTING FOR USE AT THE GENERAL MUNICIPAL
ELECTION THE REQUIREMENTS AND PROCEDURES OF THE UNIFORM ELECTION CODE OF
1992 EXCEPT TO THE EXTENT THE UNIFORM ELECTION CODE OF 1992 CONFLICTS WITH A
SPECIFIC PROVISION OF THE CHARTER OF THE CITY OF PUEBLO, AND SUSPENDING FOR
SUCH PURPOSES ALL ORDINANCES AND RESOLUTIONS OF THE CITY IN CONFLICT
THEREWITH
ISSUE
Should the City Council adopt an Ordinance directing that the November 8, 2005 General Municipal
election be conducted as a Mail Ballot Election?
Approval of the Ordinance.
Pursuant to the requirements of Section 17 -2 of the City Charter, the General Municipal Election is to be
conducted on the first Tuesday following the first Monday in November. For 2005, that election day is
November 8. The State Constitution, specifically the Taxpayers Bill of Rights, calls for elections to be
held on the first Tuesday of November, which in 2005 would be November 1. Although a Charter
Amendment was proposed in 2004 to change the municipal election date to the first Tuesday in
November in order to avoid the conflict, the voters rejected the amendment. Because this conflict of
election dates remains, the City of Pueblo cannot participate in the Coordinated Election with the
County. Because the City does not own any election machines or equipment the most cost effective
option is to conduct the 2005 General Municipal Election as a Mail Ballot Election.
In accordance with Chapter 3 of Title V of the Pueblo Municipal Code, this Ordinance would authorize
the November 8, 2005 election to be conducted as a mail ballot election using the statutory procedures
of the Mail Ballot Election Act.
FINANCIAL IMPACT
Funding in the amount of $30,000 has been allocated in the City Clerk's Budget specifically for the 2005
General Municipal Election; however, it is unknown at this time exactly how much a mail ballot will cost,
as this will be the first time the City has conducted a mail ballot election.