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Home My WebLink About1993 Ordinance No. 039• • • ORDINANCE :.o . J.:1 SERIES OF 1993 BY AUTHORITY COUNCU. BILL NO . 40 INTRODUCED BY COUNCIL MEMBER BULLOCK AN ORDINru'ICE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED REGULAR MUNICIPAL ELECTION A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD , COLORADO, BY AMENDING THE PROVISIONS RELATI NG TO THE ADOPTION OF ELECTION LAWS TO COMPLY WITH THE TAXPAYER"S BILL OF RIGHTS SPECIFICALLY THE COORDINATED ELECTION MANDATE, SO THAT IT IS LESS COSTLY AND TECHNICALLY MORE CONVENIENT TO HAVE THE CITY'S ELECTIONS IN CONJUNCTION WITH THE COUNTY'S ELECTION . WHEREAS, by The Taxpayer's Bill of Rights, the people of the S uite of Cclo rado and the City of Englewood adopted election procedures that desire coordinated elections and a min imal number of ele :ti ons: and WHEREAS, the El ection Commission of the City of Englewood has r evi e wed the Charter and State Laws re la ting to el ection and election procedures : and WHEREAS, the revie w by th e Election Com mission resu]tP-i in a reco mm endation to the City Counci l of the City of Englewood ; and WHEREAS, the City Cour,cil desir es to present to the vote rs of Englewood the recommendatio ns of the Election Commission ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : ~-Ther e is hereby submitted to the registered electors of the City of Englewood at the next s cheduled r egu lar municipal election the following proposed amend men ts to ARTICLE fl -ELECTIONS of the Charter of the City of Englewood: S ection 10 • modify by elim inating "Municipal"' to read: GENERAL All municipal electi ons shall be governed by the provisions of the Colorado Mtt-n-tttpe-1 election ·laws, and as hereaner amended or modified, except as other,,i,rise provided in this Cha rter. The Council may adopt by ordinance such rules and regulations in respect to elections includ ing by reference any laws of the State of Colorado not incon s istent with th e provisions of this Charter or th e Suite Con stitution, as may be recomm ended by the Election Commission . -I • Section 11 -modify by eliminating "Municipal" in second paragraph; eliminate third paragraph regarding "tie vote" to read: ELECTION COMMISSION There is hereby created an Election Commission consisting of th e City Clerk and fou ·: qualified electors of the City . Said electors , during their tenure in office , shall nut be City officials or employees or candidates for elective City offi ce. Councjl shell mak e two additional appointments, one term of appointment to terminate January 1, 198: an d one term of appointment to terminate January 1, 1985; thereafter appointm.•nts shall be for four -ye ar terms. Th• Commission shall elect a Chairperson from its membership . The Election Commission shall establish precincts and appoint the election judges and clerks for each precinct as provided in 11,e Colorado~ election law,; and have charge of a11 other activities and duties required of it by law or this Charter. In ee3e ef a t:ie , ote the Eleet:ien Commission shall eleter~~ person 01 pc, 9e ns ho shall be eleeted.. Wher e municipa l electi on procedut·e is in doubt, the Election Co mm ission shall prescribe the procedure to be followeri . Section 13 • eliminate in it.s entirety RSGISTRAT!On SHgibi.it) to ,ote l'!nd 1cg-isbation sl,all be a:, required or prescribed b) tfte Go!e,ooo Mt1nicipol Sleetion l'1 , •· Qt1ali!i ed electo ro ma) reg-isler at the offiee of t-he Count) Clcrlt end Reeorfier or at lf,e office efthe Cit) Clerlt at s1;1eh times and on :mch dates &3 m&) he pro icled b) st:elttl:e . Tl,e regoiatflltion beelto er lists of tfle Got1n!) Glerlt ond Reco rder ohall be the rei:iolralion boolu or li,to of the Git,. Qttattfied elecbors, nko arc trneb le to reghter as pro,ided abe,e, ma, reg"is te r as pro,ided b) ,tatole f<>, ab,enlee re{:i,t1a!ion if elif:ible to do ,o. Section 15 -modify second paragraph to read: NOMINATIONS FOR ELECTIVE MUNICIPAL OFFICE Eac h candidate for an el ective mun ic i pal office she11 be nominated by p,1tit:on signed by at least fifty registered electors residing within the municipality, or the district, from which the officer is to be elected. Petition-formHupplied-by-th.-6ity-6lerk-~rculated;and-,igned--flot mo,e !hon !ill) do)• pMor to the da) of the election and shall be !iled .. ilh l!,e-G;ty Glerlt-not-lestthan-thtt-ty-,lays-prior-tMreto. Petitions shall be circulated and filed in accordance with Colorado-Municipal election laws. -2- • • • Section 16 -eliminate in its entirety 'l'l,...,,,ethod of , olin,: on all propooel• and eloe!ion of eandidaleo eholl he •• Mte Electio n Camminion eltree h. ihe names af Ute eontlidates nominated for p,,i,tte-,ffie e ,hall he .. 1 ttp , ;tl,ott! pal'!) or other de,igr,a!ion and ,hall he o,nnged ..,,der lhe deoignalion of the offiee oeeorlh•g lo ottma111e alphohe!ieall) ftoo111 a lo • a11d in re• enc from t te a in altemate precincts. Section 17 -eli minate in its en tirety ABSENTEE VO'l'l?IG l-ft---ettOrdanee ,i,ith Co lor a do Mtu1icipal Eledien baNs, an al,9cnt wotcr ,.,.,,1 fil e .. ilh the Gi l) Ci eri. •• oppliealio• •hie!, 1118) be i• th e fem, of• letter fer &ft abs ent woter's hallot not ea rlier tha n nin el:)i da)s 1,efur e and net later tflan t-l,e c;.,. , .. ,r btt sift ess on Frida) im mc ciiat d) preeetiing: an) municipal election . Tft e r • • "1"-0Hftoli•g 9tteh ob oe •<•• ballot ,hall be i• oecord•••• • ilh Colorado 'd· .. -,.-e ,pol Eleelio• Le •· Sttch eallot "'"'' be in the hand, of the Gil) Cieri, not ~*•-tMtt-fi~ltc Section 18 -eli minate in its entiTety ELEG'l'IONEERP.rG ?IE.'JI ?ObbB No perso11 s hall do An) t1cctionee1 ing'. within one hu,11d1 ed Feet cf-ttny polli11g plac e on electio n d&). ~-The voting machines and paper ballots for said election shall carry th e foll owin g des ign ation which shall be the submi ssion clause: YES NO Shall the Charter of the City of Englewood, Articl e II , Section 10, be amended to allow ·the City Co un ci l to adopt by reference Colorado Election Laws relating to registrat ion of voters, li sting of cand id ates, and absentee voti ng requirem ents when necessary to more fully implement The Taxpayers Bill of Ri ghts provisio ns? ~ If Que stion No . _ is ap proved by the regi st,red electors, upon certification thereof to the office of the Secretary of State of the State of Colorado, pursuant to Secti on 9, Article XX, of th e Colorado Constitution a nd Section 31 -2-21 0 C:olorado Revi sed Statuu.s, Article II , Section 10 et seq. of the Home Rul e Ch arter of the City of Englewood. The foregoi ng Amendm ent shall become part of the Home Rul e Charter of the City of Englewood. Introduced, r ead in full , and passed on first reading on the 19th day of July, 19,3 . .3. • • • 1!>93. Published u a Bill for an Ordinance on the 22nd day of July, 1993. Read by tiUe and passed on final reading on the 2nd Goy of August, 1993 . Published by title as Ordinance No."22, Series of 19£ 3, on the 5th day of August, AT:rEST : 0l1a,;.;1v w OuJ- Patricia H . Crow, City Clerk I, Patricia H. Crow, City Clerk of th e City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of th e Ordinance passed on final reading and published by title as Ordinance No .~. Series of 1993 . -4- • Date July 19, 1993 INrnA TED BY SfAFF SOUKL7! COUNaL COMMUNICATION Agenda Item 11 f Subject 1993 Municipal Election Englewood Election Commh.sion Patricia H . Crow, City Clerk/Member of Election Commission l!aJl'J ACTIOII PROPOSED The Election Commission seeks C·JWlcil approval of a bill for an ordinance submitting to a v ote of the registered electors of the City of Englewood at the next scheduled regular municipal election, a proposed amendir.ent to the Home Rule Charter of the City of • Englewt'O<I by amending the provisions relating to th e adoption of election laws . . • PREVIOUS COUNaL ACTION City Council met with tht: Englewood Election Commission on June 14, 1993, and discussed the recommend ati ons of the Commission with regard to proposed Charter amendm~nts . BACKGROUND With the passage of House Bills 1255 3Ild 1068, both of which became effrctive July 1, 1993, the Arapahoe County Clerk is charged with conducting centralized elections for all political subdivisions within Arapahoe County. The County has the option of conducting coordinated elections as either polling place/precinct elections or mail-in ballot elections . As a Home Rule C ity, Englew ood has the option of comhcting its own future elections or being a part of centralized elections conducted l:j the County. Should Englewood decide to conduct its own future elections, numerous problems could be encountered . Some of these problems are detailed below: • If Arapahoe County holds a polling place/precinct electi on, it would be necessary for the City to purchase or lease its own election equipment, as the County would be unable to provide the City with its equipment; Pr inted on Recy cled Paper ~ • Securing election judges and polling places would be difficult, as the Coimty would have first draw on those services; • In order to vote on municipal matters, our citizens may have to go to more than one polling place; • lf the County holds a mail-in ballot election, similar proh!ems would be encountered, since the County has informed us their ~uipment and support sl:aff would not be available for us to lease . Other options open to the City include conducting our own mail-in ballot election or a precinct election using paper ballots. The Electic,n Commission unanimou.;ly agrees that it is in the best interest of the electors of Englewood to conduct its future elections jointly with the other political entities within the County. With that objective in mind, thl! Commission strongly r•!commends that Council approve the attached Bill for an Ordinance. These amendments, if approved by the electorate, will ease future election procedures and would permit Englewood to coordinate its future elections with other entities within Arapahoe County should we wish to do so, but would n r reclude the City from conducting its own election if that action would be advantar ,o the City. Sections of the Charter recommended for amendment include Sections 10, 11, 13, 15, 16, 17, and 18 -all under Article II .. ELECTIONS. The City Attorney has proposed one ballot question incorporating all amendments. • STAFF ANALYSIS • The Election Commission has met with the City Attorney, the Director of Financial Services, and the City Clerk. Staff concurs with the recommendations being proposed . FINANOAL IMPACT It is difficult to determine what specific financial impact these amendments will have until after the upcoming November election. It is anticipai.:A., however, that passage of these amendments will resultin eventual savings related to election costs. •