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HomeMy WebLinkAbout1993-05-27 EC MEMOMEMORANDUM TO: Roger Fraser, City Manager FROM: Patricia H. Crow, City Clerk DATE: May 27, 1993 SUBJECT: RECOMMENDATIONS FROM THE ELECTION COMMISSION The Englewood Election Commission has been meeting over the last several weeks identifying various sections of the Charter which hinder the election process under the provisions of Amendment No. 1 to the State Constitution. With the passage of HB1255 and HB1068, both of which become effective July 1, 1993, the Arapahoe County Clerk is charged with conducting centralized elections for all political subdivisions within Arapahoe County. As a Home Rule City, Englewood has the option of conducting its own election or being a part of the centralized elections conducted by the County. If Englewood were to decide to conduct its own elections, numerous problems could be encountered: it would be necessary for the City to purchase its own election equipment as the County would be unable to provide us with its equipment; securing election judges and polling places would be difficult as the County would have first draw on those services; and our citizens may have to go to more than one polling place. Our only other option would be to do a mail ballot. The Commission unanimously agrees that it is iri the best interest of the electors of Englewood to conduct its future elections jointly with the other political entities within the County. With that objective in mind, the Election Commission respectuflly submits the attached recommended amendments to the Charter for Council's consideration. These amendments, if approved, would allow Englewood to better adapt to current and future legislative changes. The Election Commission discussed these amendments with the city Attorney on April 28, 1993. Mr. DeWitt concurs in the proposed amendments to the Charter and has assured the commission of his support to the recommendations being made. City Council is meeting with the Election Commission on June 14, 1993. At that time, the Commission will discuss these recommendations with council. Additionally, the Commission may recommend that Council approve by ordinance the utilization of the Uniform Election Code of 1992 for the November 2, 1993 election. Hopefully, we will also have drafted an intergovernmental agreement between the City and the County with regard to the 1993 election. cc: Englewood Election Commission Rick DeWitt, City Attorney Lorraine Hayes, Director of Financial Services 2 RECOMMENDATIONS OF THE ENGLEWOOD ELECTION COMMISSION FOR PROPOSED AMENDMENTS TO THE ENGLEWOOD CITY CHARTER May 27, 1993 The Commission unanimously agrees that it is in the best interest of the electors of Englewood to conduct its future elections jointly with the other political entities within the County. With that objective in mind, the following amendments to the Charter are proposed: Section 10 -modify by eliminating "Municipal" to read: GENERAL All municipal elections shall be governed by the provisions of the Colorado Municipal election laws, and as hereafter amended or modified, except as otherwise provided in this Charter. The Council may adopt by ordinance such rules and regulations in respect to elections including by reference any laws of the State of Colorado not inconsistent with the provisions of this Charter of the State Constitution, as may be recommended by the Election Commission. Section 11 -modify by eliminating "Municipal" in second paragraph; eliminate third paragraph regarding "tie vote" to read: ELECTION COMMISSION There is hereby created an Election Commission consisting of the City Clerk and four qualified electors of the City. Said electors, during their tenure in office, shall not be City officials or employees or candidates for elective City office. council shall make two additional appointments, one term of appointment to terminate January 1, 1983 and one term of appointment to terminate January 1, 1985; thereafter appointments shall be for four-year terms. The Commission shall elect a Chairperson from its membership. The Election Commission shall establish precincts and appoint the election judges and clerks for each precinct as provided in .:t:fte Colorado Municipal election laws and have charge of all other activities and duties required of it by law or this Charter. In ease of a tic vote the Election Commission shall determine by lot the person or persons who shall be elected. Where municipal election procedure is in doubt, the Election Commission shall prescribe the procedure to be followed. Section 13 -eliminate in its entirety REG ISTR''t':PIOH Eligibility to vote and registration shall be as required or prescribed by the Colorado Municipal Election Laws. Qualified electors may register at the office of the County Cler1e and Recorder or at the office of the City Clerk at such times and on such dates as may be provided by statute. The registration boo1rn or lists of the County Cler1e and Recorder shall be the registration boo1rn or lists of the City. Qualified electors, who are unable to register as provided above, may register as provided by statute for absentee registration if eligible to do so. Section 15 -modify second paragraph to read: NOMINATIONS FOR ELECTIVE MUNICIPAL OFFICE Each candidate for an elective municipal office shall be nominated by petition signed by at least fifty registered electors residing within the municipality, or the district, from which the officer is to be elected. Petition forms supplied by the City Cler1e: may be circulated and signed not more than fifty days prior to the day of the election and shall be filed with the City Cler1e not less than thirty days prior thereto. Petitions. Petitions shall be circulated and filed in accordance with Colorado Municipal election laws. Section 16 -eliminate in its entirety VOTING The method of voting on all proposals and election of candidates shall be as the Election Commission directs . The names of the candidates nominated for public office shall be set up without party or other designation and shall be arranged under the designation of the off ice according to surname alphabetically from a to a and in reverse from a to a in alternate precincts. Section 17 -eliminate in its entirety ABSENTEE VOTING 2 In aeeordanee with Colorado Municipal Election Laws, an absent voter must file with the City Cler1E an application whieh may be in the form of a letter for an absent voter's ballot not earlier than ninety days before and not later than the elose of business on Friday ilftlftediately preceding any municipal election. The manner of easting sueh absentee ballot shall be in aeeordanee with Colorado Municipal Election Laws. Sueh ballot must be i n the hands of the City Cler1E not later than five P.H.> on the day of the election. Section 18 -eliminate in its entirety ELECTIOHEERHlG HEAR POLLS Ho person shall do any electioneering within one hundred feet of any polling plaee on election day. These amendments, if approved, would permit Englewood to coordinate its future elections with other entities within Arapahoe County should it wish to do so, but would not preclude the city from conducting its own election if that action would be advantageous to the City. These amendments also leave room to accommodate anticipated legislative changes. May 27, 1993 3