HomeMy WebLinkAbout1993-04-15 EC MEMODRAFT
M E M 0 R A N D U M
TO: Rick DeWitt, City Attorney
FROM: Patricia H. Crow, City Clerk
DATE: April 15, 1993
SUBJECT: ELECTION CONSIDERATIONS
The Arapahoe County municipal clerks have been meeting with Marjorie
Page, County Clerk, and her election staff in an effort to develop a
"game plan" for cooperative, centralized elections as set forth in
the State Constitution as a result of the Bruce Amendment.
Several questions have arisen as a result of these meetings:
1. May the City of Englewood enter into an agreement with Arapahoe
County whereby the County conducts a centralized election which
includes on its ballot those items which pertain to the City of
Englewood issues and candidates?
The election would be conducted by the County under the
provisions of the Uniform Election Code, which now includes
Colorado municipal election laws with the enactment of H.B.1255.
A copy of the revised Bill is attached and becomes effective
July 1, 1993 if signed by the Governor. Additionally, the
Colorado Municipal Election Code (31-10) has been amended to
allow municipalities to utilize the Uniform Election Code.
Attached is a copy of revised HB 1063. It too becomes effective
July 1, 1993 if signed by the Governor.
Arapahoe County has tentatively agreed (???) to accept
Englewood's issues and list of candidates if provided by October
4, 1993 (29 days before election). This concession is due to
Englewood's Home Rule Charter, provision that nomination
petitions cannot be circulated/signed prior to the 50th day
before the election, and the deadline for submitting those
petitions to the municipal clerk is at 5:00 p.m. on October 1.
If the County reneges on accepting our ballot contents that late
(and I wouldn't be surprised!) then in order to conduct our
election with the County, nomination petitions would have to be
circulated in accordance wi~h 1-4-805 (90/70 days) instead of
31-10-302/Charter 15 (50/30 days). You may feel this would be a
violation of our Charter.
To accomplish the above, Englewood must enter into an
intergovernmental agreement with Arapahoe County. A draft of
that agreement is being prepared for your review, as well as an
ordinance with regard to the election. The agreement must be
approved and signed by both parties sixty days prior to the
election (1-7-116 (2)).
2. In connection with the intergovernmental agreement with Arapahoe
County, at what point does Jo Lay enter into a conflict of
interest? Ms. Lay serves as Englewood's Election Commission
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.chairman and she is also an Arapahoe County Election Office
employee.
Llomar Warren, Election Commission member, h as asked if it would
be considered a conflict of interest on her part to serve as a
County election judge, if Englewood's election is conducted by
Arapahoe County.
4. Possible Charter amendments. I will be proposing to the
Election Commission that certain Charter sections be reviewed
with the ultimate purpose being that future elections be
conducted in a cooperative, centralized manner. Obstacles to
that end occur in Home Rule Charter Sections 10, 11, 13, 15, 16,
17, and possibly Section 14. The Election Commission would
appreciate your input into this process.
Charter, Sections 10, 11, 13, 15, 17
Should all references to the "Colorado Municipal Election Laws"
be changed, possibly to "applicable election laws of the State
of Colorado as those laws do not conflict with the provisions of
his Charter"?
Section 15 -To comply with the Uniform Elections Code, we need
to look at Charter Section 15 to determine if nomination
petitions should have a different circulation/filing period.
Uniform Elections Code specifies that nominat ion petitions for
nonpartisan elections be filed 71 days prior to the election.
By Englewood Charter, petitions can only be circulated between
the 50th and 30th day prior to the election, and must be turned
into the municipal clerk by 5:00 P.M. on the 30th day prior to
the election.
Section 16 -Would suggest that Charter, Section 16 be revised
to eliminate requirement that candidates' names be listed A to
Z/Z to A. The revised municipal election laws provide for name
placement on the ballot to be determined by lot (Section 1-5-
406)). If future elections are to be centralized, this change
in our Charter would greatly simplify the ballot layout and
printing costs, and the County has requested that effort be made
to eliminate the A to Z/Z to A ballot format. At the very
least, we should consider amending the Charter to list
candidates alphabetically in all precincts; however determining
the placement by lot may be perceived as fairer to all
candidates.
Section 14 -Special Elections. With the enactment of the Bruce
Amendment, will special elections, other than recalls,
initiative submissions, and referendums, be a l lowed? Should
amending this section of the Charter be considered now, or left
to the test of the courts?
The Election Commission is planning work sessions on April 28, May 12
and May 26 to work through some of these issues. We will meet in
Financial Services office 5:00 -6:30 p.m. If you would care to
attend these sessions, you would be more than welcome.
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