HomeMy WebLinkAboutSenate Bill No. 251in
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SENATE BILL NO. 251.
BY SENATORS Barnhill, Meiklejohn, and Stockton;
also REPRESENTATIVES Fine, DeNier, Larson, Neale, and
Prendergast.
CONCERNING MUNICIPAL ELECTIONS.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 31-10-102 (2), Colorado Revised Statutes 1973,
1977 Repl. Vol., is amended to read:
31-10-102. Definitions. (2) "Election official" means any
clerk, election commission, judge of election, cleric -of -election;
or municipal governing body engaged in the performance of
election duties as required by this article.
SECTION 2. 31-10-201 (3) (d) and (3) (e), Colorado Revised
Statutes 1973, 1977 Repl. Vol., are amended to read:
31-10-201. Qualifications of municipal electors.
(3) (d) If a person moves to any other state or territory with
the intention of making it his permanent residence, he shall be
considered to have lost his residence after--thirty-two--days'
absence--from-this-state IN THE MUNICIPALITY FROM WHICH HE MOVED.
(e) If a person moves from one municipality in this state
to any other municipality in this state with the intention of
making it his permanent residence, he shall be considered and
held to have lost his residence in the municipality from which he
moved. after -thirty -two -days' -absence:
SECTION 3. 31-10-203 (1), Colorado Revised Statutes 1973,-
1977 Repl. Vol., is amended, and the said 31-10-203 is further
amended BY THE ADDITION OF A NEW SUBSECTION, to read:
apZ' itailetters indicate new material added to existing statutes;
dashes through words indicate deletions from existing statutes and
such material not part of act.
31-10-203. Registration required. (1) EXCEPT WHERE A
STATUTE SPECIFICA E, no person shall be
permitted to vote at any municipal election without first having
registered within the time and in the manner required by this
section and sections 31-10-204 and 31-10-205.
(3) Where a statute specifically allows persons who have
qualifications different from registered electors to vote on a
particular measure, the governing body may require that each such
person desiring to vote sign a written oath before voting that he
meets each qualification required to vote on the measure.
SECTION 4. 31-10-302 (6), Colorado Revised Statutes 1973,
1977 Repl. Vol., as amended, is amended to read:
31-10-302. Nomination of municipal officers. (6) Each
nomination petition sha]T-5—e-Tiled with the clerk no later than
the thirtieth day prior to the day of election. Every such
petition shall have endorsed thereon or appended thereto the
written affidavit of the candidate accepting such nomination.
The acceptance of nomination shall contain the fail -name -and
place of residence of the candidate AND THE NAME OF THE CANDIDATE
IN THE FORM THAT HE WISHES IT TO 'APPEAR ON THE BALLOT. THE
CANDIDATE'S NAME MAY BE A NICKNAME OR INCLUDE A NICKNAME BUT
SHALL NOT CONTAIN ANY TITLE OR DEGREE DESIGNATING THE BUSINESS OR
PROFESSION OF THE CANDIDATE.
SECTION 5. Part 3 of article 10 of title 31,. Colorado
Revised Statutes 1973, 1977 Repl. Vol., as amended, is.amended BY
THE ADDITION OF A NEW SECTION to read:
31-10-306. Write-in candidate affidavit. The, governing
body of a municipa ity may provide by or inance 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 five 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.
SECTION 6. 31-10-401, Colorado Revised Statutes 1973, 1977
Repl. Vol., is amended to read:
31-10-401. Appointment of election 'ud es. At least
fifteen days before each municipal election, the governing body
shall appoint the judges and --clerks of election. and -their
alternates: Each judge clerk of election and -alternate shall be a
registered elector of the precinct in which he is appointed to
serve and shall be at least eighteen years of age. For -purposes.
of-this-section;-any-judge;-clerk-of-election;-or--alternate--mho
is--eighteen--years--of--age--or--older--shall--hane-the-power-to
administer -oaths- The clerk shall make and file in his office a
list of all persons so appointed, giving their names, addresses,
and precincts. Such list shall be a public record and shall be
PAGE 2-SENATE BILL NO. 251
subject to inspection and examination during office hours by any
qualified elector of the municipality with the right to make
copies thereof. THE GOVERNING BODY MAY BY RESOLUTION DELEGATE TO
THE CLERK THE AUTHORITY AND RESPONSIBILITY TO APPOINT JUDGES OF
ELECTION.
SECTION 7. 31-10-402, Colorado Revised Statutes 1973, 1977
Repl. Vol., as amended, is REPEALED AND REENACTED, WITH
AMENDMENTS, to read:
31-10-402. Number of judges. The governing body, or the
clerk if authorize pursuant to section 31-10-401, shall appoint
for each municipal election precinct at least three judges of
election and such additional judges as deemed necessary.
SECTION 8. 31-10-403, Colorado Revised Statutes 1973, 1977
Repl. Vol., is amended to read:
31-10-403. Certificates of appointment. Immediately after
THE appointment of the ju ges an -c eres of election, and -their
alternates; the clerk shall issue certificates under his official
seal certifying such appointments in each precinct. He shall
mail one certificate to each person appointed.
SECTION 9. 31-10-404, Colorado Revised Statutes 1973, 1977
Repl. Vol., is amended to read:
31•-10-404. Acceptances. With each certificate of
appointment transmitted y the clerk to the judges and -clerks of
election, and -their -alternates there shall be enclosed a form for
acceptance of the appointment. Each person appoin&ed as an
election judge clerk--of--election;-or-alternate shaAl file his
acceptance in the office of the clerk within seven days after the
mailing by the clerk of the certificate of appointment and the
acceptance form. Failure of any person appointed as A judge clerk
of election or -alternate to file an acceptance within said seven
days shall result in a vacancy. Such vacancy shall be filled by
an--alternate--or in the same way the original appointment was
made.
SECTION 10. 31-10-405, Colorado Revised Statutes 1973, 1977
Repl. Vol., is amended to read:
31-10-405. Vacancies. If for any reason any person
appointed as a judge or -clerk of election refuses, fails, or is
unable to serve, it is the duty of such person or any other judge
or -clerk of election to immediately notify the clerk. The clerk
shall forthwith notify--an--alternate APPOINT ANOTHER PERSON in
such precinct to serve in the place of such person. If no
alternate PERSON IN THE PRECINCT is available to fill the
vacancy, the clerk shall appoint any registered elector of the
municipality.
PAGE 3-SENATE BILL NO. 251
SECTION 11. 31-10-406, Colorado Revised Statutes 1973, 1977
Repl. Vol., is amended to read:
31-10-406. Removal of judges. Any eiection judge or-cierk
of election who as neglected esis- duty, or has committed,
encouraged, or connived at any fraud in connection therewith, or
has violated-any'of the election laws, or has knowingly permitted
others to do so, or has been convicted of any felony, or has
violated his oath,'or has committed any act which interferes or
tends to interfere with a fair and honest election shall be
summarily removed by the clerk.
SECTION 12. 31-10-407, Colorado Revised Statutes 1973, 1977
Repl. Vol., is amended to raad:
31-10-407. Oath of judges. W Before any votes are taken
at any municipa�Te ection, the judges and-cierks of election
shall severally take an oath or affirmation in the following
form:
"I, .., do solemnly swear (or affirm) that I am a citizen
of the United States and the state of Colorado; that I am a
registered elector in municipal precinct .... in the municipality
of ....; that I will perform the duties of judge for-cierk,-as
the -case -may -be) according to law and the best of my ability;
that I will studiously endeavor to prevent fraud, deceit, and
abuse in conducting the same; that I will not try to ascertain
how any elector voted, nor will I disclose how any elector voted
if, in the discharge of my duties as judge, for--cierk;--as--the
case -may -be); such knowledge shall come to me, unless called upon
to disclose the same before some court; and that I will not
disclose the result of the votes until the polls have elosed."
(2) The judges of the election may administer the oaths or
affirmations to each other. and-to-the-clerks-of-the-eiection-
Each judge shall record and sign any such oaths or affirmations
administered by him and shall attach the record to the pollbook.
SECTION 13. 31-10-408, Colorado Revised Statutes 1973, 1977
Repl. Vol., is amended to read:
31-10-408. Compensation of ud es. The judges and--cierks
of election at any municipal eT�ion shall receive in full
compensation for their services as judge--or--cierk JUDGES of
election at-snch-eiection not less than five dollars and not more
than the maximum amount allowed by statute for payment to the
judges of the general election of the state of Colorado, as
determined by the governing body of the municipality.
SECTION 14. 31-10-501, Colorado Revised Statutes 1973, 1977
Repl. Vol., is amended to read:
31-10-501. Clerk to give notice. (1) The clerk, at least
PAGE 4-SENATE BILL NO. 251
ten days before each municipal election, shall give written or
printed notice of the election stating the date of the election
and the hours during which the polls will be open, designating
the polling place of each precinct, stating the qualifications of
persons to vote in the election, naming the officers to be
elected and the questions to be voted upon, -and listing the names
of those candidates whose nominations have been certified to him,
which listing shall.be as nearly as possible in the form in which
such nominations shall appear upon the official ballot with
reference to wards where applicable. A copy of such notice shall
be posted at-the-poising-piace-in-each-precinct UNTIL AFTER THE
ELECTION IN A CONSPICUOUS PLACE IN THE OFFICE OF THE CLERK.
(2) In addition, the notice shall be published in not--iess
than AT LEAST one nor -more -than -two -newspapers NEWSPAPER having
general circulation in the municipality. If the clerk finds it
impracticable to make the publication on the tenth -day before the
election day, he shall make the same on the earliest possible day
before the tenth day. The publications in any weekly newspaper
shall be in the next to last issue thereof before the day of
election.
(3) ALL POLLING PLACES SHALL BE DESIGNATED BY A SIGN
CONSPICUOUSLY POSTED AT LEAST TEN DAYS BEFORE EACH MUNICIPAL
ELECTION. SUCH SIGN SHALL BE SUBSTANTIALLY IN THE FOLLOWING
FORM: "POLLING PLACE FOR PRECINCT NO. " IN ADDITION, SUCH
SIGN SHALL STATE THE DATE OF THE NEXT ELECTION AND THE HOURS THE
POLLING PLACE WILL BE OPEN.
SECTION 15. 31-10-502 (3), Colorado Revised Statutes 1973,
1977 Repl. Vol., is amended to read: ,
J
31-10-502. Establishing precincts and polling places.
(3) It is the duty o7 the governing body to change any polling
place upon petition of a majority of the qualified REGISTERED
electors residing within the precinct.
SECTION 16. 31-10-503 (1), Colorado Revised Statutes 1973,
1977 Repl. Vol., is amended to read:
31-10-503. Judges may change polling places. (1) When it
becomes impossible or inconvenient to now election at the
place designated therefor, the judges of election, AFTER
NOTIFYING THE CLERK AND after having assembled at or as near as
practicable to such place and before receiving any vote, may move
to the nearest convenient place for holding the election and at
such newly designated place forthwith proceed with the election.
SECTION 17. Part 5 of article 10, of title 31, Colorado
Revised Statutes 1973, 1977 Repl. Vol., as amended, is amended BY
THE ADDITION OF A NEW SECTION to read:
31=10-507. Election may be cancelled - when. In any
PAGE 5-SENATE BILL NO. 251
ordinance adopted by the governing body of the municipality
requiring an affidavit of intent for write-in candidates as
provided in section 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 Friday before the election, there are not more candidates
than offices to be filled at such election, including candidates
filing affidavits of -intent, the clerk shall certify such fact to
the governing body; and it shall hold a meeting and may cancel
the election and by resolution declare the candidates elected.
If so provided by ordinance, upon such declaration the candidates
shall be. deemed elected. Notice of such cancellation shall be
published, if possible, in order to inform the electors of the
municipality, and notice of such cancellation shall be posted at
each polling place and in not less than one other public place.
SECTION 18. 31-10-601, Colorado Revised Statutes 1973, 1977
Repl. Vol., is amended to read:
31-10-601. Hours of votin . At all elections held under
this article, the polls s a e opened at 7 a.m. and remain
open until 7 p.m. of the same day. If a full set of judges of
election do not attend at the hour of 7 a.m., an alternate
election judge shall be caned APPOINTED as provided in section
31-10-405. The polls shall be opened if a majority of judges .is
ARE present, even though the alternate judge has not arrived.
Every person, otherwise qualified to vote, who is standing in
line waiting to vote at 7 p.m. shall be permitted to vote.
SECTION 19. 31-10-605, Colorado Revised Statutes 1973, 1977
Reol. Vol.. is amended to read:
31-10-605. Judge to keep ollbook. A clerk -or judge of the
election shall keep a po ooc, w ich shall contain one column
headed "names of voters' and one column, headed "number on
ballot". The name and number on the ballot of each registered
elector voting shall be entered in regular succession under the
headings in the pollbook.
SECTION 20. 31-10-606 (1) and (5), Colorado Revised
Statutes 1973, 1977 Repl. Vol., as amended, are amended to read:
31-10-606. Prime aarrin� to vote. (1) Any registered elector
desiring to vote shall write his name and address on a form
available at the polling place and shall give the form to one of
the judges of election, who shall thereupon announce the same
clearly and audibly. If said elector is unable to write, he may
request assistance from one of the judges of election, and such'
judge must sign the form and witness the elector's mark. The
form to be available shall be in substance: "I, .:, who reside
at am a registered elector of this precinct and desire to
vote at this .... election. Date .....".If the name is found on
the registration book or the registration list by the election
PAGE 6-SENATE BILL NO. 251
judge or--cierk--of--election having charge thereof, he shall
likewise repeat the name, and'said elector shall be allowed to
enter 'the immediate voting area. If the name is not found on the
registration book or the registration list by the election judge,
or-cierk-of-eiection; such election judge,-or-cierk-of-election;
if practicable and not unduly disruptive to the election -process,
shall attempt to contact the county clerk and recorder's office,
by telephone or otherwise, to request oral verification of the
elector's registration in that precinct; and, if such oral
verification is received by such election judge or-cierk-of
election from the county clerk and recorder s office, such
election judge or --- clerk --- of--eiection shall record such
verification on a form to be provided by the clerk and shall
likewise repeat the elector's name, and said elector shall be
allowed to enter the immediate voting area. After it is
determined that the elector is duly registered, the election
official in charge of the pollbook shall write upon the pollbook
the name of such elector and, in precincts using paper ballots,
the number of the ballot given to such elector.
(5) In precincts using paper ballots, an election judge or
cierk-of-election shall give the registered elector one, and only
one, ballot, which shall be removed from the package of ballots
by tearing the same along the perforated line between the stub
and duplicate stub. Before delivering such ballot to said
elector, the judge or-cierk of election having charge of the
ballots shall endorse his initials on the duplicate stub, and
said judge or -clerk shall enter the date and the number of said
ballot on the registration book or registration list opposite the
name of said elector.
SECTION 21. 31-10-607 (2) and (3), Colorado Revised -
Statutes 1973, 1977 Repl. Vol., as amended, are amended to read:
31-10-607. Manner of voting in precincts which use paper
ballots. (2) Eac registere elector w o as prepared his
ballot and is ready to cast his vote shall then leave the voting
booth and approach the judge of election having charge of the
ballot box. He shall give his name to that judge, who shall
announce the name of such elector and the number upon the
duplicate stub of his ballot, which number must correspond with
the stub number previously placed on the registration book or
registration. list. If the stub number of the ballot corresponds
and is identified by the initials of the judge or--cierk of
election placed thereupon, the judge or -clerk of election shall
then remove the duplicate stub from such ballot. Such ballot
shall then be returned to the registered elector, who shall
thereupon, in full view of the judges of election, cast his vote -
by depositing the ballot in the ballot -box, with the official
endorsement on said ballot uppermost.
(3) Each registered elector shall mark and deposit his
ballot without undue delay and shall leave the immediate voting
PAGE 7-SENATE BILL NO. 251
area as soon as he has voted. No such elector shall occupy a
voting booth already occupied by another, nor remain within the
immediate voting area more than ten minutes, nor occupy a voting
booth for more than five minutes if all such booths are in use
and other voters are waiting to occupy the same. No registered
elector whose name has been entered on the pollbook shall be
allowed to reenter the immediate voting area during the election
except a judge.or-clerk of election.
SECTION 22. 31-10-608 (1), Colorado.Revised Statutes 1973,
1977 Repl. Vol., is amended to read:
31-10-608. Disabled voter - assistance. (1) If, at any
regular or special election, any vo erdeclares-under oath to
the judges of election of the precinct where he is entitled to
vote that, by reason of blindness or other physical disability or
inability to read or write, he is unable to prepare his ballot or
operate the voting machine without assistance, he is entitled,
upon his request, to receive the assistance of any one of the
election judges or-cierks of election or, at his option, of any
qualified elector of the precinct selected by the disabled voter.
No person other than a judge of election in the precinct is
permitted to enter the polling booth as an assistant to more than
one voter.
SECTION 23. 31-10-610 (1) and (3), Colorado Revised
Statutes 1973,. 1977 Repl. Vol., are amended to read:
31-10-610. Counting paper ballots. (1) In precincts which
use paper ballots, as soon as the po 7s at any election have
finally closed, the judges shall immediately open the ballot box
and proceed to count the votes polled, and the counting thereof
shall be continued until finished before the judges an8-cierks of
election adjourn. They shall first count the number of ballots
in the box. If the ballots are found to exceed the number of
names entered on the pollbook, the judges of election shall then
examine the official endorsements upon the outside of the ballots
without opening the same, and if, in the unanimous opinion of the
judges, any of the ballots in excess of the number on the
pollbook do not bear the proper official endorsement, they shall
be put into a separate pile by themselves, and a separate record
and return of the votes in such ballots shall be made under the
head of "excess ballots". When the ballots and the pollbook
agree, the board JUDGES OF ELECTION shall proceed to count the
votes. Each ballot shall be read and counted separately, and
every name separately marked as voted for on such ballot, where
there is no conflict to obscure the intention of the voter, shall
be read and marked upon the tally sheets before any other ballot.
is proceeded with. The entire number of ballots, excepting
"excess ballots", shall be read and counted and placed upon the
tally sheets in like manner. When all of the ballots, excepting
"excess ballots", have been counted, the board JUDGES OF ELECTION
shall estimate and publish the votes.
PAGE 8-SENATE BILL NO. 251
(3), All persons, except judges cierks of election and
watchers, shall be excluded from the place where the counting is
being carried on -until the count has been completed.
SECTION 24. 31-10-613 (1), Colorado Revised Statutes 1973,
1977 Repl. Vol., as amended, is amended to read:
31-10-613. Judges' certificate. (1) As soon as all the
votes have been read'and counted, te judges of election shall
make a certificate, attested-by-the-cierks-of-election;-if-any;
stating the name of each candidate, designating the office for
which such person received votes, and stating the number of votes
he received, the number -being expressed in words at full length
and in numerical figures, such entry to be made as nearly as
circumstances will admit, in the following form:
"At an election held at .... in .... precinct in the
municipaiity'of and state of Colorado, on the .... day of
in the year ...., the following named persons received the
number of votes annexed to their respective names for the
following described offices: Total number of votes cast were
...., A.B. had seventy-two (72) votes for mayor; C.D. had
seventy-one (71) votes for mayor; N.O. had seventy-two (72)
votes for councilman or trustee; P.Q. had seventy-one (71) votes
for councilman or trustee (and in the same manner for any other
persons voted for).
Attest. Certified by us:
A-.-B. E.F. Judges
6:-H:-)-Eierks-of )
) E: -8: G.H. ) of
f:d:-)-Eiection
)fif-any) E:-F: I.J. Election"
)
SECTION 25. 31-10-807, Colorado Revised Statutes 1973,-1977
Repl. Vol., is amended to read:
31-10-807. Distribution of ballots. In municipalities
using an electronic voting system, the clerk shall distribute to
the election judges in the respective precincts a sufficient
number of ballots. The ballots shall be sent in one or more
sealed packages for each precinct with marks on the outside of
each stating clearly the precinct and polling place for which it
is intended, together with the number of ballots enclosed. Such
package shall be delivered to one of the judges of election of
such precinct between. the close of business on THE Friday
preceding election day, OR DURING ANY EARLIER DAY IN WHICH A.
JUDGES' SCHOOL OF INSTRUCTION IS HELD, and 8 p.m. on the Monday
before election day. A receipt for the ballots thus delivered
shall be given by the election judge who received them. The
receipt shall be filed with the clerk, who shall also keep a
record of the time when and the manner in which each of said
PAGE 9-SENATE BILL NO. 251
packages was sent and delivered.
SECTION 26. 31-10-901, Colorado Revised Statutes 1973, 1977
Repl. Vol., is amended to read: -
31-10-901. Ballot boxes. The governing body of each
municipality using paper ba ots shall provide one ballot box for
each polling place, Each ballot box shall be circniar-in-form
STRONGLY CONSTRUCTED'SO AS TO PREVENT TAMPERING, with a small
opening at the top thereof and enclosed -in -a -square -wooden -frame
with a lid to be locked. The ballot boxes and keys shall be kept
by.the clerk and delivered to the judges of election within one
day immediately preceding any municipal election, to be returned
as provided in section 31-10-614. Nothing in this section shall
prevent the governing body from obtaining ballot boxes from the
office of the county clerk and recorder.
SECTION 27. 31-10-904, Colorado Revised Statutes 1973, 1977
Repl. Vol., is amended to read:.
31-10-904. Printing and distribution of ballots. In
municipalities using paper ballots, the clerk shall cause to be
printed and distributed to the election judges in the respective
precincts a sufficient number of ballots. The ballots shall be
sent -in one or more sealed packages for each precinct with marks
on the outside of each clearly stating the precinct and polling
place for which it is intended, together with the number of
ballots enclosed. Such packages shall be delivered to,one of the
judges of election of such precinct between the close of business
on THE Friday preceding election day OR DURING ANY EARLIER DAY IN
WHICH A JUDGES' SCHOOL OF INSTRUCTION IS HELD, and 8 p.m. on the
Monday before election day. A receipt for THE ballots thus
delivered shall be given by the election judge who receives them.
The receipt shall be filed with the clerk, who shall also keep a
record of the time when and the manner in which each of said
packages was sent and delivered. The election judge receiving
such package shall produce the same, with the seal unbroken, in
the proper polling place at the opening of the polls on election
day and, in the presence of all election judges for the precinct,
shall open the package.
SECTION 28. 31-10-1010 (1) (b) and (2), Colorado Revised
Statutes 1973, 1977 Repl. Vol., as amended, are amended to read:
31-10-1010. Emergency absentee voting. (1) (b) A request
for an emergency absent voters ballot under this section shall
be made before, 5788-p7m:-on-the-day-before-the-eiection and the
ballot shall be returned to the clerk's office no later than,.
5788 5 p.m. on election day.
(2) Any voter unable to go to the polls because of
conditions arising after the closing day for absent voter's
VOTERS' ballot applications which will result in his absence from
PAGE 10-SENATE BILL NO. 251
the precinct on election day may apply at the office of the clerk
for an emergency absent voter's ballot. Upon receipt of an
affidavit signed by the voter on a form provided by the clerk and
attesting to the fact that the voter will be compelled to be
absent -from his precinct on election day because of conditions
arising after the closing day for absent voterls VOTERS'. ballot
applications, the clerk shall provide the voter with an absent
voter's ballot, with -the word "EMERGENCY" stamped on the stubs
thereof. The--request-for-the-ballot7shaii-be-made--before-568
p m. -on-the-day-before-the-election;--and--the--ba}lot--shaii--be
returned--to--the--cierkls--office--no--}ater--than--5T88-p-m:-on
election -day:
SECTION 29. 31-10-1101, Colorado Revised Statutes 1973,
1977 Repl. Vol.,.as amended, is amended to read:
31-10-1101. No -voting unless registered. UNLESS OTHERWISE
PERMITTED PURSUANT �'P- - , no person shall be
permitted to vote at any regular or special election unless his
name is found on the registration list or official registration
book or unless registration in that precinct is confirmed orally
as provided by section 31-10-606 (1).
SECTION 30. 31-10-1102 (2), Colorado Revised Statutes 1973,
1977 Repl. Vol., is amended to read:
31-10-1102. RRii_ ht�to vote may be challen ed. (2) It is
the duty of any judge of election to c a enge.any person
offering to vote who he believes is not a registered elector. In
addition, challenges may be made by cierks-of-eiection; watchers
or any registered elector of the precinct who is present.
SECTION 31. Part 13 of article 10 of title 31, Colorado
Revised Statutes 1973, 1977 Repl,. Vol., is amended BY THE
ADDITION OF A NEW SECTION to read:
31-10-1308. Ballot questions - how contested. The results
of an election on any -Ballot question may a contested in the
manner provided by this part 13. The grounds for such contest
shall be those grounds set forth in section 31-10-1301 (1) (b),
(1) (c), and (1) (d). The contestee shall be the appropriate
election official. In addition to other matters required to be
set forth by this part 13, the statement of intention to contest
the election shall set forth the question contested.
SECTION 32.. 31-10-1502, Colorado Revised Statutes 1973,
1977 Repl. Vol., is amended to read:
31-10-1502. Sufficiency of �complaint - judicial notice.
Irregularities or defectsin the mode of calling, grving node
of, convening, holding, or conducting any regular or special
election constitutes no defense to a prosecution for a violation
of this article, When an offense is committed in relation to any
PAGE 11-SENATE BILL NO. 251
municipal election, an indictment, information, or complaint for
such offense is sufficient if it alleges that such election was
authorized by law, without stating the call or notice of the
election, the names of the judges or -clerks of election holding
such election, or the names of the persons voted for at such
election. Judicial notice shall be taken of the holding of any
regular or special election.
SECTION 33. 31=10-1518 (1), (2), and (3), Colorado Revised
Statutes 1973, 1977 Repl. Vol., are amended to read:
31-10-1518. Oeliverin2 and receiving ballots at polls.
(1) No voter shall receive an official ballot from any person
except one of the judges or-c'er'ka of election, and no person
other than a judge or-cierk of election shall deliver an official
ballot to a voter.
(2) No person except a judge or -clerk of election shall
receive from any voter a ballot prepared for voting.
(3) Any voter who does not vote the ballot received by him
shall return his ballot to the judge or -clerk of election from
whom he received the same before leaving the polling place.
SECTION 34. 1-40-115, Colorado Revised Statutes 1973, 1980
Repl. Vol., is amended to read:
1-40-115. Ordinances - effective when - referendum. (1)
No ordinance, resodion, franchiseopassed by the egislative
body of any city or town shall take effect before thirty days
after its final passage and publication, except an ordinance
calling a special election or necessary to the, immediate
preservation of the public peace, health, or safety, and'not then
unless the ordinance states in a separate section the reasons why
it is thus necessary and unless it receives the affirmative vote
of three -fourths of all the members elected to each -branch -of
such legislative body taken by ayes and noes. If within said
thirty days a petition signed by qualified electors equal in
number to at least fifteen percent of the last preceding vote for
all the candidates for governor within such municipality is filed
with the city or town clerk or other election officer protesting
against such ordinance or any part thereof taking effect, such
ordinance or part thereof so protested against shall thereupon be
suspended from taking effect, and such legislative body shall
immediately reconsider the same.
(2) It the ordinance or any part thereof is not repealed,
the legislative body shall forthwith publish the same as other•
ordinances are published if no publication has theretofore been
made and shall submit the same to a vote of the gtlaiified
REGISTERED electors at the next genera+ REGULAR municipal
election not held within sixty days after said petition is filed
or at a special election to be called,- thereafter by such
PAGE 12-SENATE BILL NO. 251
legislative body for that purpose, and. such ordinance or part
thereof shall -.not take effect unless a majority of the qualified
REGISTERED electors voting thereon at such election vote in favor
thereof. If such petition is signed by qualified electors equal
in number to at least ten percent but less than fifteen percent
of the last preceding vote for all candidates for governor, the
legislative body shall submit such ordinance or part thereof to a
vote of the qualified REGISTERED electors at the next ensuing
general REGULAR municipal election not held within sixty days
after such petition is filed.
SECTION 35. 1-40-116, Colorado Revised Statutes 1973, 1980
Repl. Vol., is amended to read:
1-40-116. Ordinances how proposed - conflictinq measures.
(1) Any propose or finance charter; -or -charter -amen ment may be
submitted to the legislative body of any city or town by petition
therefor of qualified electors equal in number to at least five
percent of the last preceding vote for all candidates for
governor within such municipality by filing the same with the
city or town clerk or other election officer, and such proposed
ordinance charter; -or -charter -amendment shall be adopted without
alteration by such legislative body within twenty days after such
petition is filed and, if vetoed by the mayor, shall be passed
over his veto within ten days after such veto; or the legislative
body shall refer such proposed ordinance, charter; -or -charter
amendment; in the form petitioned for, to . the quaiified
REGISTERED electors at the'next REGULAR municipal election held
not less than sixty days after such petition is filed.'
(2) If such petition contains a request for a special
election and is signed by qualified electors equal iii number to
at least fifteen percent of the last preceding vote for governor,
the ordinance charter;--or--charter--amendment thereby proposed
shall. be passed by the legislative body without amendment or
change within twenty days after such petition is filed and, if
vetoed by the mayor, shall be passed over his veto within ten
days after such veto; or such legislative body shall refer such
proposed ordinance, charter;--or-charier-amendment; in the form
petitioned for, to the qualified REGISTERED electors at a special
election, which shall be called within said thirty days and held
not less than sixty nor more than ninety days after such petition
is filed, unless a special election for some other purpose or a
general REGULAR MUNICIPAL election is held within said period of
time, in which case such proposed ordinance charter; -or -charter
amendment shall be submitted to a vote at such election.
(3) The legislative body shall cause such proposed*
ordinance, charier;--or--charter--amendment; as well as those
referred to a vote under section 1-40-115, to be published as
provided in section 1-40-114. Alternative ordinances charters;
or -charter -amendments may be submitted at the same election, and,
if two or more conflicting measures are approved by the people,
PAGE 13-SENATE BILL NO. 251
the one which receives the greatest number of affirmative votes
shall be adopted in all particulars as to which there is a
conflict.
SECTION 36. 1=40-117, Colorado Revised Statutes 1973, 1980
Repl. Vol., is amended to read:
1-40-117. Basis• of vote - Rrocedures. (1) In all
municipalities where the voting precincts,t erein are not wholly
within the corporate limits of such municipality, the vote upon
which any petition is based shall be the total vote cast in such
municipality at the last preceding election for all candidates
for mayor, if there is such office, and, if not, on the total
first --choice votes cast in any such municipality for the
candidate for commissioner THE OFFICE ON THE GOVERNING BODY
receiving the highest number of votes, added to the total first
choice votes cast for all of his competitors for the same
position.
(2) IN ADDITION TO ANY OTHER SECTIONS OF THIS ARTICLE
SPECIFICALLY MADE APPLICABLE, THE REQUIREMENTS OF SECTIONS
1-40-106 TO 1-40-110 AND 1-40-113 SHALL APPLY TO ANY MUNICIPAL
INITIATIVE OR REFERENDUM BROUGHT UNDER THIS ARTICLE, AND THE
MUNICIPAL CLERK SHALL PERFORM ANY DUTIES REQUIRED IN SUCH
SECTIONS TO BE PERFORMED BY THE SECRETARY OF STATE AND SHALL HAVE
THE POWERS GRANTED TO THE SECRETARY OF STATE IN SUCH SECTIONS. -
SECTION 37. 31-4-502 (1) (a), Colorado Revised Statutes
1973, 1977 Repl. Vol., is amended to read:
31-4-502. Procedure - 2etition - si natures. U) (a) A
petition, signeU__5yqualif1ed electors entitled to -vote for a
successor of the incumbent sought to.be recalled equal in number
to forty TWENTY-FIVE percent of all ballots cast for ALL THE
CANDIDATES FOR that particular office at the last preceding
regular election in said municipality, demanding an election of
the successor to the officer named in said petition shall be
filed in the office in which petitions for nomination to the
office held by the incumbent sought to be recalled are required
to be filed.
SECTION 38. Effective date - applicability. This act shall
take effect July 1, 1981, a-FE—sTali apply to municipal elections
occurring on or after said date.
SECTION 39. Safety clause. The
PAGE 14-SENATE BILL NO. 251
general assembly hereby
finds, determines, and declares that this act is necessary for
the immediate preservation of the public peace, health, and
safety.
r
Fr—ed t. Anderson Carl B. bledsoe
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
arj ie L. Rutenbeckorralne—F. Lombardi
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED I1
V� %
GOVER OR amm
OF THE STATE OF COLORADO
G01VER
PAGE 15-SENATE SILL NO. 251