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HomeMy WebLinkAbout1997 Ordinance No. 020. ' ORDINANCE NO .;:},() SERIES OF 1997 BY AUTHORITY COUNCIL BILL NO . 18 INTRODUCED BY COUNCIL MEMBER VORMITTAG AN ORDINANCE AMENDING TITLE 1, CHAPTER 8 , BY THE CREATION OF TWO NEW SECTIONS 7 AND 8 , OF THE ENGLEWOOD MUNICIPAL CODE 1985 , REQUIRING AFFIDAVIT OF INTENT FOR WRITE-IN CANDIDATES AND ALLOWING CITY COUNCIL, BY RESOLUTION , TO CANCEL AN ELECTION IF THERE ARE NOT MORE CANDIDATES THAN OFFICES TO BE FILLED AT SUCH ELECTION . WHEREAS , Colorado Revised Statutes 31-10-306 , allows the City Council to adopt an ordinance requiring write-in candidates to file an affidavit of intent twenty days prior to the election with t he City Clerk; and WHEREAS , C.R.S . 31 -10-507 allows the City Council to establish that ifthe only matter before the voters is the election of persons to office and if, at the clo s e of busines s on the 19th day before the election, there not more candidates than office s to be filled at such election , including candidates filing affidavits of intent, the City Clerk, if instruct ed by resolution of the governing body either before or after such date, shall cancel the election and, by resolution , declare the candidates elected ; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood hereby amends Title 1 , Chapter 8 , with the creation of two new Subsections 7 and 8 , of the Englewood Municipal Code 1985, as follows : 1-8-7: WRITE-IN CANDIDATES: WRITE-IN CANDIDATES MUST FILE AN AFFIDAVIT OF INTENT WITH THE CITY CLERK OF THE CITY OF ENGLEWOOD , COLORADO IN ACCORDANCE WITH COLORADO ELECTION LAWS. 1-8-8: CANCELLATION OF ELECTION: IF THE ONLY MATTER BEFORE THE VOTERS IS THE ELECTION OF PERSONS TO OFFICE AND THERE ARE NOT MORE CANDIDATES THAN OFFICES TO BE FILLED AT SUCH ELECTION , INCLUDING CANDIDATES FILING AFFID AVITS OF INTENT WITH THE CITY CLERK, IF INSTRUCTED BY RESOLUTION OF THE ENGLEWOOD CITY COUNCIL EITHER BEFORE OR AFTER SUCH DATE , SHALL CANCEL THE ELECTION AND BY RESOLUTION DECLARE THE CANDIDATES ELECTED IN ACCORDANCE WITH COLORADO ELECTION LAWS . Introduced, read in full , and passed on first reading on the 3rd day of March, 199 7 . -1- 10 b v Published as a Bill for an Ordinance on 6th day March, 1997. Read by title and passed on final reading on the 17th day of March, 1997. Published by title as Ordinance No. dD, Series of 1997, on the 20th day of March, 1997. Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . .J..O, Series of 1997. ~Llflo Loucrishia A. Ellis -2- . ' . • J < -,. Date March 3, 1997 INITIATED BY COUNCIL COMMUNICATION Agenda Item 10 a ii STAFF SOURCE Subject Proposed ordinance requiring affidavit of intent for write-in candidates and allowing Council by resolution to cancel an election under certain circumstances. City Clerk's Office/Election Commission Frank Gryglewicz, Director of Financial Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Loucrishia A . Ellis, City Clerk/Election Commission Member To my knowledge Council has never adopted a policy regarding write-in candidates or cancellation of an election. RECOMMENDED ACTION Per Colorado Revised Statutes§ 31-10-306, Council may provide by ordinance that "no write-in vote for any municipal office shall be counted unless an affidavit of intent has been filed with the clerk by the person whose name is written in prior to twenty days before the day of the election indicating that such person desires the office and is qualified to assume the duties of that office if elected." This provides clear direction for potential candidates, as well as the C ity Clerk's office. Additionally, § 31-10-507 allows that "in any ordinance adopted by the governing body of the municipality requiring an affidavit of intent for write-in candidates as provided in § 31-10-306, the governing body may also provide that, if the only matter before the voters is the election of persons to office and if, at the close of business on the nineteenth day before the election, there are not more candidates than offices to be filled at such election, including candidates filing affidavits of intent, the clerk, if instructed by resolution of the governing body either before or after such date, shall cancel the election and by resolution declare the candidates elected." FINANCIAL IMPACT Some election costs will have been incurred by the 191 h day prior to the election . But in a mail ballot election, specifically, we would save the cost of postage . LIST OF ATTACHMENTS Proposed council bill.