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Home My WebLink About1991-02-05 EC MEMO, MEMORANDUM TO: Members of the Englewood Election Commission FROM: Patricia H. Crow, City Clerk DATE: February 5, 1991 SUBJECT: ELECTION PROCEDURE MANUAL/BALLOT QUESTIONS/REDISTRICTING I am pleased to let you know that Betty Wilson has been reappointed, and we have a new Election Commission member, Ruth Smith. Ruth currently works in the Arapahoe County Elections Office so she is very well versed on election matters and will be a valuable addition to our group. As you know by now, we will NOT be meeting on February 7th. The concerns Jo mentioned at our last meeting did not seem to warrant calling another meeting . However, I failed to inform you of one thing at our last meeting concerning the procedures manual. Dan Brotzman, Assistant City Attorney, had suggested I inform the Commission that one of the questions to be on the next ballot concerns residency requirements of Council persons. Our Charter, as it is written, states that a candidate "shall have been for three years immediately preceding such election a qualified elector of the City." Dan wanted me to point out to you that the three-year residency requirement is unconstitutional. Until the question is resolved at the next election, I feel the manual should include that information. So I have added a reference on Page 21, a copy of which is enclosed. With this minor change, I will finalize the Election Procedure Manual and forward it to City Council with our blessing. Keep in mind that the manual is a "living document" which may be amended as deemed proper by the Election Commission. Also enclosed is a copy of Ordinance No . 33, approved by Council during 1990, setting forth questions to be included on the ballot of the next regular municipal election. Page 2 of the ordinance shows two questions: Question No . 1 is about the three-year residency; Question No. 2 is about age requirements. Another question to be on the ballot next November concerns an amendment to Charter Section 137:6 and the question will read: Shall the Charter of the City of Englewood relating to Article XV "Impasse Resolution" be amended by adding a paragraph requiring all items submitted to an election as a result of an employee impasse include a statement prepared by the City's Finance Department of the financial impact of the proposals for the next one year. Page 2 February 5, 1991 This question was proposed by Council Member Clayton who was of the op1n1on that when it becomes necessary to take an impasse questions to the electors, those electors have a right to know what the financial impact would be upon the City if approved. I believe our recommendation concerning the postponement of redistricting will go to Council at their meeting of February 19th (a Tuesday). It may be appropriate for Jo, as Chairman, to be present that night to make the presentation. I will keep you advised. Feel free to call me any time you have questions about what is going on. Qualifications to hold elective office in the City of Englewood are set forth in Article III, Section 23, Englewood Home Rule Charter: "No person shall be eligible for the office of Councilman unless at the time of his election he is a citizen of the United States, at least twenty-five (25) years of age, sball have been for three years immediately preceding such election a qualified elector of the City.* Councilmen elected by Districts shall also be residents and qualified electors of their districts. No member of the Council shall hold any other public office or employment for which compensation is paid from any municipality." Candidates for district seats must reside within the district for which they are candidates. The at-large candidates must reside within the City limits. The Clerk will provide an information sheet to each candidate indicating the requirements for candidacy in the City of Englewood. Each candidate shall receive from the Clerk a "candidate's packet." Each candidate shall complete a card with information needed by the Clerk for communication purposes. This card also provides information to other sources requesting candidate information . The candidate's packet shall contain a current District/Precinct Map. * three-year residency requirement unconstitutional -21 - . . ~ ~ t ... -· ORDIN.~NCE NO • .J.J SEJUE.S OF 1990 BY AUTHORITY COONCIL BILL NO. 29.l INTROOOCED BY <X>UNCIL ME2•IBERS h~ElUCHT I HATH.~\AY AND CT..~~'TON AN ORDil~CE SUPMITI'ING TO A VOTE OF TriE QU.ru.IFIED EIB:.TORS OF TriE CITY OF ENGLEVO'.)D Kr THE NEXT SCHEDULED RffiUL?\R MUNICIPAL ELEX:TICN PROPOSED AMEND:-!ENI' 'ro THE CHARTER OF THE CITY OF ENGLEV;o:)D F..ElATING TO AGE AND RESIDElO R.Et>lJIRllfil'ITS OF MENBERS OF THE CITY CCXJNCIL. BE IT OiID.~INID BY THE CITY OX.JNCIL OF THE CITY OF ENGL£Wo::>D, COLOR~, TH.?l..T: Section 1. There is hereby sul:rnitted to the qualified electors of the City of Englewcod at the next scheduled regular m.micipal election prO?Osed ar.endrent to the Charter of the City of Engl~wood, as follcr~s: That t..~e qualified electors cf the City of Engle-wcx:xl shall choose one of the folla~ling p:rcvisior.s. If either qi.lest ion No. l or No. 2 is approved by the qualified electors, upon certification thereof to the office of the Secretary of State of the State of Colorado, pursuant to Section 9, Article XX, of i:..~e Colorado Constitution and Section 31-2-210 Colorado Revised Statutes, Article III of the Her.re Rule Charter of the City of Engle-w.:od shall be am=nded. QUESTIO~ No. 1: ARTICLE III LEX;ISL.:!!..TIVE BODY 23: QU.ru.r:rrc.;TIOl,:s OF cnueru Hli CCYJNCILPEP..SOi~S So person shall be eligible for the off ice of Co;mcilmof1 9 (a) CX .. 1!JC~LPF.RSO~ unless at the tLIP-of the election t..1e ?==son is a citizen of the United States, at least twenty-five (25) years of age, shall have been for three CY.\TE year-s-i'1lrediately preceding such election a q,;alified elect er cf t.he City. Council:f!en OYJNCIL?ERSO:~s e-lected '!;)y Dist.i:icts s:-,:.11 ?.lso !:€ ::-esicents arid qualified electors of :.7'lei:r C.istricts. ~io ;;e.7.!:>er of t;-ie co·.1ncil shall hold a11y other ?'..l!:lli-: off ice er e:TI?l:::~nt fer w'hich co;:;pensation is paid frD1l any ITIU.r.ic' i pali t y • 23: QUEST!~ NO. 2: ARTICLE III LffiISLATIVE BODY QU.b.LIFICATI~S OF ceu«:!Ill-Ef COUNCILPERSO!:\S No p:"...ISOn shall be eligible for the off ice of COl.'.l!'JCilman COUNCILPERSON unless at the tine of the election the person is a citizen of the United, States, at least twc::nt)' fiqoe t25t-Th"'Etrr'Y--0.IB ( 21) 11ears of age, and shall have been for three ONE year-6- Lil'iediately preceding such election a qi;alified elector of the City. Counci.lnen CQ!JNCILPERsCT~S elected by Districts shall also be resiQ.o_nts and qualified electors of t..'Jeir districts. No rrember of the Council shall hold s.ny other public office or enployrrent for which c~nsation is paid fran any rn.JJ1.icipality. Only if the question is C1p?roved by the qualified electors shall the ~rticle be am:ndec and the Charter as arrended certified to the Secretary of State and a??=ar in t..'Je C"larter. Section 2. the voting machines and paper ballots for said election shall carry the following designation ~ilich shall be subrrJssion clause: QUESTION No. 1: Should the Charter of the City of Engl~wood relating to .l\rticle III, "Legislative BoGj, 11 establishing 'W'Je the residency requiren=nt for City Council rrern!:>ership be changed fran tJ-..ree (3) years to one (1) year :i.rirn::G.iately preceding t.i-ie election. (.l\ three ~·ear residency requirerrent has been declared '..l.~constitutior.al by the Suprei"T'P-Cou...""'t of C-:ilorad~ a~d cne (1) 1'ear residency resuire.rrent is constitutional.) Yes Ho Question !b. 2: Should the Charter of the City of Engle-.-Jood relating to .z..rt.icle III, "Legislative Pody," establishing the age requirerrent for City Council i'l"le..<l.")ershi? ~ c~anged fro.11 twenty-five (25) years of age to -:wen:y-cne (21) ·years of age. Yes ~o And each ~lector voting at said election a~d desirous of voting shall inCi.cate his choice by depressing the apprCJ?riate counter of the voting machine or by appropriate r..arking U?On ~per ballots where used. \ Section 3. The nro::>er officials of the City of Engle-....ood shall give notice of said regular Micipal election, \\tlich ootice shall be published in the manner and for the length of ti.rre required by law, and the ballots cast at such election shall be canvassed and the result ascertained, detennined, and certified as required by law. Introduced, read .L& full, and passed on first reading on the 2nd day . of July, 1990. Published as a Bill for an Ordinance on the 5th day of July, 1990. Read by title and passed on final reading on the 16th day of July, 1990. Published by title as Ord.i.na'1ce Ho. 33, Series of 1990, on the 19th day of July, 1990. ~a. /vi Cu-t/ Patricia H. Craw, City Clerk I, Patricia H. Craw, City Clerk of the City of Englewood, Colorado, hereby certify that the ab::>ve and foregoing is a t...-ue oopy of the Ordinance passed on final reading and published by title as Ordinance No. 33, Series of 1990. ,c;Jfu_~-'·4--~ {~H-'Y Patricia H. Cra-N ... l