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Home My WebLink About1979-08-02 EC MINUTESELECTION COMMISSION Minutes -August 2, 1979 Meeting was convened at 4:00 p.m. Present: William James Barbara Burge t Betty Keena Also Present: Eric Johannisson 11a Bill James notified the members that the City Clerk's office re- ceived petitions to recall Councilman Harper. The petitions were received on July 31, 1979. Mr. James stated the petitions cont ained 122 signatures of which 108 valid signatures. Fourteen names were disallowed because they were not residents of the district, they did not write out their addresses, or they did not use their full nam e , i.e. initials in- stead of name. 88 names were required. The Commission a s ked that the following questions be submitted to City Attorney Berardini for leg al interpretation: 1. Wha t i s t he legal date of receipt of the recall election? 2. Can the date of the election be scheduled to coincide with the General Municipal Election, November 6, 1979? This would exceed the 90 days required by the City Charter. 3. The petitions that we received did not contain an affidavit from the petition circulator. Does this omission disqualify the peti- tions? 4. One petition was circulated by an individual who was not a resident of District 4. Does this disqualify this petition? 5. Section 34 of the Charter requires the City Clerk to set an Election date within 90 days following the receipt of the peti- tion, subject to the limitations set forth in Section 14 of the Charter. Does this require that a Special Election be held or can the clerk set the date of election to coincide with a General Municipal Election? 6. If the City Clerk receives candidate petitions for a Special Election and Don Harper resigns or removes his name for candi- dacy, must the Special Election be held? The Commission a g reed to meet at 3:00 p.m., August 6, 1979. Betty Keena said she would not be able to attend. Me e ting was adjourned at 5:00 p.m. T01 INTER.OFFICE MEMORANDUM Bernard Berardini, City Attorney DATE: Aug us t 3 , 1979 FROM: Wi 11 i am D. James, City Cl erk SUIJECT1 Election CoITll11ission Meeting The Election Commission met August 2, 1979 to discuss the receipt of recall petitions for Councilman Donald Harper. A number of questions need to be answered regarding the anticipated Special Election l. What is the legal date of receipt of the recall election? 2. Can the date of the election be scheduled to coincide with the General Municipal Election, November 6, 1979? This would exceed the 90 days required by the City Charter. 3. The petitions that we received did not contain an affidavit from the petition circulator. Does this omission disqualify the petitions? 4. One petition was circulated by an individual who was not a resident of District 4. Does this disqualify t his petiti,on? 5. Section 34 of the Charter requires the City Clerk to set an Election date within 90 days following the receipt of the petition, subject to the limitations set forth in Section 14 of the Charter. Does this require that a Special Election be held or can the clerk set the date of election to coincide with a General Municipal Election? 6. If the City Clerk receives candidate petitions for a Special Election and Don Harper resigns or removes his name from candidacy, must the Special Election be held? These questions need immediate attention so that I can properly advise City Council at their meeting on August 6, 1979. Draft 8/6/79 MEMORANDUM '11 0 : William D . .!fames, Direct.or of f'inance, ex officio City Clerk-Treasurer FROM: Bernard V. Berardini, City ~ttorney DATE: August 6, 1979 SUBJECT: Election Commission Meeting -Recall Petition This will acknowledge receipt. of your interoffice memo on Friday afternoon, August 3, wherein this office is advised that tho Election Commission met on the afternoon o f August 2 to discuss receipt of the recall petitions of Councilman Harper and sub- mitting six questions that the Conu11ission felt required answers prior to any action that may be taken by the City Clerk. 1. "Wha "ti is the legal date of receipt of the recull petition'?" It is the opinion of this office that the legal date of receipt of recall petition is the date that said petition is sub- mitted to the office of the Clerk. In this instance, the face of the petition is marked with a receiving stamp of July 31, 1979, initialed by W. D. J., which appears to be the initials of Willium D. James. Therefore, this office must conclude that the official submission date of the petitions is July 31, 1979. 2. "Can the date of the election be scheduled to coincide with the general municipal election November 6, 1979'?" This would exceed the 90 days required by the City Charter. Should no protest be filed, under the provisions of 31-4-503(2) (Se ct.ion attachfd ), the date of the election must be scheduled as set out in Section 34 of the Charter and within 90 days of the :;u!Jmi:.::>.Lon J: t\i p tit.::Lot c . 3. "Th~ petitions that we received did not contain an affidavit from the petition circulator. Does this omission disqualify the ~etitions?" The pet~tions appear not to meet the strict and express requirement of Section 31-4-503(2) wherein it states in pertinent p <..1rl:. as follows; t "The ~erson circulating such sheet shall make and subscribe an oath on said sheet that the signatures thereon are genuine, and a fals.:oath , wilfully so made and subscribed by such person, is perjury ·n the second degree and shall be punishublc us such." and may be made the subject of a protest no later than the close of business August 15, 1979 and a full hearin had as to the sufficiency of the petition. 4. "~tion was circulated by an individual who was not a resident of District 4, does this disqualify this petition?" This office is unable to find any requirement, statutory or otherwise, that expressly or impliedly requires a circula~or of a petition to b u qualified l tor or .:i t' .sid nt j n -h' .:1r0.:1 where the officer is to be recalled. 5. "Section 34 of the Charter requires the City Clerk to set an election date within 90 days following the receipt of the petition, subject to tho limitations set forth in Section l~ of the Charter. Does this require that a special election be held or ban the Clerk set the date of election to coincide with the general municipal election?" The question essentially has been asked in question 2 nbov and answered above. 6. "If the City Clerk receives candidate petitions for a special election and Don Harper resigns or removes his name from candidacy, must a special election be held?" Section 34 of the Charter provides that upon filing the petition for recall, the elected officer may either resign or file with the Cit Clerk a notice of his intent to be a ante tn a rcca e 1arter, t ere ore, implies that a special election wiTi be held. However, the provisions of 31-4-504 CRS '73, as amended, also addresses this subject matter in sub- section 1 as follows: "31-4-504. Resignation -vacancy filled -election - ballot -nomination. (1) If such officer offers his resignation, it shall be accepted, and the vacancy caused by such resignation or from any other cause shall be filled as provided by law, but the person appointed to fill such vacancy shall hold his off ice only until the person elected at the recall election qualifies. If such officer does not resign within five days after the sufficiency of the recall petition has been sustained, the governing body shall cause notice to be published for the holding of such lcct:Lon, un<.1 th' same shall be conduct <.1 ~uH.l retucn d and the result thereof declared in all respects as in the case of regular elections." The office has attempted to in a v ry limit d tjm fram the petitions is controlled address questions as candidly as possible 'l'h suffici ncy or in uffic.i n ,y f by the statutory provision cited above I in 31-4-503. 1 • I might also point out that Subsection 7 of Section 505 of the State statutes states that candidates for the off icc may be nominated by petition as provided by law, which petition shall be filed in the off ice in which petitions for nomination arc required by law to be filed not less than 15 days before such recall election . J.asl:ly. I miq:1t point out.: thL:il: S0 ·L:.i.on 3r. of ·Ji<' ':i ·y Cll<trl°.<)r cnti tle<l "Implementation " author izcs the Election Co1111uisslon to make such additional rules and regulations as are necessary to implement the above procedures . I. wo11l.cl IJ · ildppy Lo Hll~el: wi tl1 you 01· Ll1<· 1·:l.<•<;L.i<>11 ('<,rn1111i .:;:;.io11 .ii your c 'onvcnience to discuss the matter further. nc~rtlil rd v. l\('1'";1.-cl .i 11.i