HomeMy WebLinkAbout1991-04-01 EC MEMO..
MEMORANDUM
TO: Roger Fraser, City Manager
Rick DeWitt, City Attorney
FROM: Jo Lay, Chairman, Englewood Election Commission
DATE: April 1, 1991
SUBJECT: CHARTER REVISIONS PROPOSED BY THE ELECTION COMMISSION
Recently the Election Commission was advised that now would be an appropriate
time to submit recommendations for Charter revisions which would then be
reviewed by City Council for inclusion as ballot questions for the November 5,
1991, regular municipal election.
The Election Commission has met and recommends the following revisions:
1. Based on previous legal opinions issued by the City Attorney that it
is unconstitutional to limit any election to "tax paying electors,"
the Election Commission recommends that the Charter be amended in
the following sections:
Section 6 (Detachment) -change to "registered elector"
Section 121 (City Owned Utilities) -change to "registered elector"
Section 134 (Franchise -Extention of Territory) -change to
"registered elector"
2. There are several sections of the Charter that refer to "qualified
electors." To better conform to · Colorado Municipal Election Law,
many of them should be amended to read "registered electors."
Section 34 (Recall) -change to ''registered electors"
Section 42 (Ordinances -Disposition) -change to "registered
electors"
Section 45
Section 46
Section 47
Section 48
(Initiative and Referendum) -change all references
to "registered electors"
Section 104 (G 0 Bonds) -change to "registered electors"
Section 137:6 (Impasse Resolution) -change to "registered electors"
Section 138:5 (refers to effective date of charter amendment
approved 3/24/81) -change to "registered electors"
Recycled Paper
Page 2
April 1, 1991
3. Section 15 -Nominations for Elective Municipal Office
This section conflicts with State election laws in that, by Charter,
nomination petitions may be circulated and signed by qualified
electors; State law, 31-10-302, stipulates that only registered
electors can circulate and sign nomination petitions. Section 15 of
the Charter also states, "Petitions shall be circulated and filed in
accordance with Colorado Municipal Election Laws." Currently
nomination petitions are not circulated in accordance with State
law. The Election Commission strongly recommends this section be
changed to require that nomination petitions be circulated and
signed by "registered electors."
4. Section 23 -Qualification of Council Members
Section 69 -Municipal Judge Qualifications
These sections both conflict with State election laws in that
Section 31-10-301 stipulates that office holders must be registered
electors. The Charter currently reads that candidates for Council
and Municipal Judge need only be qualified electors. It is the
consensus of the Election Commission these two sections should be
amended to read "registered electors."
Additional sections of the Charter which refer to "qualified electors" and
"qualified tax paying electors," are:
Section 7 -Definitions
Section 11 -Election Commission members' qualification
Section 13 -Registration of voters
Section 56 -Planning and Zoning Commission members' qualifictions
Section 59 -Board of Adjustment and Appeals members' qualifictions
Section 61 -Water and Sewer Board members' qualifications.
It may be that Council will prefer that these sections remain as written, and
the Election Commission makes no specific recommendation in this regard.
The Commission is aware that as a Home Rule City the Charter can differ from
State election laws. However, these recommended changes would alleviate
confusion and make the election process easier to administer.
cc: Members of Englewood City Council
Lorraine Hayes, Director of Financial Services