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HomeMy WebLinkAbout1998 Ordinance No. 043.. • • • ORDINANCE NO. !12 SERIES OF 1998 BY AUTHORITY COUNCIL BILL NO. 34 INTRODUCED BY COUNCIL MEMBER NABHOLZ AN ORDINANCE AMENDING TITLE 1, CHAPTER 8 , OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO MUNICIPAL ELECTIONS . WHEREAS , the Englewood City Council passed Ordinance No. 20, in 1997 which amended Title 1, Chapter 8 by the addition of two chapters pertaining to Write-In Candidates and Ca nce llation of Election; and WHEREAS , the Englewood Election Commission and City staff reviewed and recommended adoption of the proposed changes at their meeting May 13 , 1998; and WHEREAS , with the passage of this ordinance , Title 1, Chapter 8, Sections 1, 4 , 5 and 6 will be amended with housekeeping changes ; and WHEREAS , the voter registration process has changed considerably in the last few years and with the enactment of the National Voter Registration Act of 1993 , Section 1-8-2 Voter Registration is unnecessary ; and WHEREAS , State Statutes provide for the absentee ballot process making Title 1-8-3 Absentee Ballots unnecessary; 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, Colorado hereby amends Title 1 , Chapter 8 , of the Englewood Municipal Code 1985 which shall read as follows: 1-8-1: ELECTION JUDGES: Judges of the Mmunicipal elections, CONDUCTED BY THE CITY OF ENGLEWOOD , shall receive such compensation for their services as City Council shall, from time to time , establish by motion or resolution. The judges of each precinct shall select one of their number to deliver the precinct's election returns in accordance with the law , and that judge shall receive an additional sum for the performance of such service. 1 8 2: VOTER REGISTRATION: In addition to the registration conducted at the City Clerk's office in the City Hall, the ElectioR CommissioR"• may provide such other i·cgistration facilities as it may deem advisable , at such other place or places as it may deem convenient, and to be open for such periods of time as it may deem advisable . The Election Commission shall give reasonable notice of the location or locations of such registration places -1 - 10 b ii and the times the same shall be open as it may deem advisable by publieation or otherwise . 183:1\BSENTEE BALLOTS: P1·ior to eaeh Municipal election, the Election Commission shall designate the election judges of one precinct v;ithin the City to count all of the absentee ballots cast at sueh election. The Colorado Municipal Election Laws2 in effect at the time of any such election shall govern the method to be followed as to casting, counting, ehallenging, objecting, recording and the taking of oaths as to absentee ballot and all other procedUt·es applieable thereto not specifically set forth he1·ein or in the Charter. The casting of the ballot may be upon the face of the voting maehine in the same manner as if the absentee vote1· were present , by one of the judges ·,vith the assistance and verifieation of another judge . -1--8-4: 1-8-2: VOTING MACHINES: Voting machines may be used in any Mmunicipal election CONDUCTED BY THE CITY OF ENGLEWOOD . Such machines may be rented or leased from the County of Arapahoe or A QUALIFIED VENDOR the City and County of Denver at a reasonable rental to be fixed by them . -1--8-6-: 1-8-3: PUBLICATION REQUIREMENTS: Whenever publication shall be required by the Charter, the Colorado Statutes, or ordinances in connection with Mmunicipal elections or procedure relative thereto , such publication shall be made in the newspaper designated by the Council for the publication of other legal notices of the City. ~: 1-8-4: RETURNS ; CANVASSING: The returns of all Mmunicipal elections , CONDUCTED BY THE CITY OF ENGLEWOOD, shall be made to the City Clerk. He/she shall be assisted in the canvassing of returns by the other members of the Election Commission. No later than five (5) days after ft THE Mmunicipal election, the City Clerk shall open the returns in the presence of the other members of the Election Commission and -make e-ut PREP ARE AN abstracts-of votes on a separate sheet for eaeh office. In the event of the inability of any of the members of the Commission to attend, the returns may be opened and canvassed by any two (2) members of the Commission in the office of the City Clerk. In the event the City Clerk shall be disqualified or be unable to act, the Deputy City Clerk may lawfully act for him/her and discharge his/her duties hereunder. The Election Commission shall proceed with the canvassing pursuant to the provisions of the City Charter and the Colorado Munieipal Election blaws. -2- .. • • • .. ... • • • l--8-1-: 1-8-5: WRITE-IN CANDIDATES: Write -in candidates must file an affidavit of intent with the City Clerk in accordance with Colorado Election Laws. ±-8--8: 1-8-6: 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 s uch election, including candidates filing affidavits 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 d e clare the candidates elected in accordance with Colorado Election Laws. Introduced , read in full , and passed on first reading on the 6th day of July, 1998. Published as a Bill for an Ordinance on the 10th day of July , 1998 . Read by title and pas sed on final reading on the 20th day of July, 1998. Published by title as Ordinance No. {/2 , Series of 1998 , on the 24th day of July , 1998 . I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoi n g is a tru e cop~ pj the Ordinan assed on final reading and p u blished by title as Or dinance No. ,PSeries of 1 . j.[a . -3- .. •• • • • • COUNCIL COMMUNICATION Date Agenda Item Subject Proposed ordinance amending the Englewood July 6, 1998 10 a ii Municipal Code regarding Municipal Elections Initiated By Staff Sources Loucrishia A. Ellis, City Clerk/ City Clerk's Office/Electi on Commission Election Commission Member Frank Gryglewicz, Director of Financial SeNices COUNCIL GOAL AND PREVIOUS COUNCIL ACTION EMC 1-8 MUNICIPAL ELECTIONS was amended in 1997 by the addition of 1-8-7: WRITE-IN CANDIDATES and 1-8-8: CANCELLATION OF ELECTION. RECOMMENDED ACTION Staff, and the Election Commission , recommend approval of a bill for an ordinance amending EMC 1-8 by repealing 1-8-2: VOTER REGISTRATION and 1-8-3: ABSENTEE BALLOTS. Amendments to 1-8- 1, 1-8-4 and 1-8-6 are housekeeping changes. 1-8-2: VOTER REGISTRATION: This process has changed considerably in the last few years , and with the enactment of The National Voter Registration Act of 1993, we consider this section unnecessary. 1-8-3: ABSENTEE BALLOTS: State Statute provides for this process. FINANCIAL IMPACT None LIST OF ATTACHMENTS Proposed Council Bill No. 34