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HomeMy WebLinkAbout1996-12-23 EC MEMOMEMORANDUM TO: Election Commission FROM: Lou Ellis, City Clerk DATE: December 23 , 1996 SUBJECT: JANUARY 14, 1997 RECALL ELECTION I have enclosed several documents regarding the Recall Election. As we have not met as a Commission in quite awhile, I have debated the need for a meeting just prior to the Recall. However, I feel at this point, we will hold off on a meeting, pending the outcome of the Election. If Council Member Hathaway is recalled, we will have to meet, and I will be in touch with you immediately . On Tuesday, January 141 h, the deadline to submit the ballots is 7:00 p.m . The City has contracted with Paragon to facilitate the process. They intend to process the ballots right at the table where we normally meet in the City Clerk's office. I would like to have as many Commission members present as possible during the tabulation. I understand Ms . Warren has a prior commitment. Please give me a call if you have any questions, 762-2407. Thanks for all your help and enjoy the Holidays! Printed on Recycled Paper.& State of Colorado County of Arapahoe City of Englewood ) ) SS ) DETERMINATION I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado and Hearing Officer, pursuant to Colorado State Statutes 31-4-503 (3) (b), do hereby certify as follows : A. Petitions were circulated to recall Rita Hathaway from the Office of City of Englewood Council Member District I. B. Recall petitions were filed with the City Clerk's office August 16, 1996, which recall petitions were subsequently deemed sufficient on September 5, 1996. C . On September 3, 1996 a Notice of Protest of Recall Petition was filed with the City Clerk's office by Rita L. Hathaway . D. Ms . Hathaway charged that the recall petitions were insufficient based upon improper conduct of the petition circulators, which substantially misled the persons signing the petition . Ms. Hathaway argued that the petitioners were making statements outside of the petition , for which she was not given an opportunity to include a defense statement. E. On September 12 , 1996 a Protest Hearing was held to determine the sufficiency or insufficiency of recall petitions filed with the City Clerk's office . F . The hearing provided the Attorney for the Protester, Thomas Merrigan, and the Attorney for the Recall Committee , Rick DeWitt, with the opportunity for opening and closing statements, submission of documentary evidence and to call forth witnesses and cross examine those witnesses . G . The City of Englewood Home Rule Charter Article IV §34, Recall Procedures, states : "Any elected officer of the City of Englewood may be recalled from office at any time after holding office for six months, in the manner here provided : The procedure hereunder to effect the recall of any elected officer shall be as follows : One or more registered electors who would be entitled to vote for the successor of the incumbent sought to be recalled shall file with the City Clerk, an affidavit of not more than 200 words stating the reasons for the recall of the elected officer sought to be removed. The City Clerk shall, within forty-eight (48) hours after the filing of said affidav it , mail a copy of said affidavit , by certified mail , to the elected officer soug ht to be recalled , who may file with the City Clerk a sworn statement in defense of the charges made against him . After the affidavit has been filed , the City Clerk shall authorize a petition for recall of the elected officer which shall include the statement in defense of the petition if so requested by the person sought to be recalled prior to the authorization by the City Clerk ." Under the City of Englewood Home Rule Charter the petitioners are prohibited from making statements outside of the petition. No evidence was presented that anyone signing the petition did so because of prohibited statements. ACCORDINGLY, I MUST FIND THAT THE PETITIONS ARE SUFFICIENT. IN WITNESS WHEREOF , I have hereto affixed my signature a d the official Seal of the City of Englewood this 1 ih day of September, 1996 . SEAL Loucrishia A . Ellis, City Clerk Hearing Officer State of Colorado County of Arapahoe City of Englewood ) ) SS ) CERTIFICATE OF SUFFICIENCY I, Loucrishia A Ellis, City Clerk of the City of Englewood, Colorado, pursuant to Colorado State Statutes 31-4-503 ( 4 }, do hereby certify as follows : A Petitions were circulated to recall Rita Hathaway from the Office of City of Englewood Council Member District I. B. For recall the petition must be signed by registered electors, who would be entitled to vote for a successor of the incumbent sought to be recalled, numbering at least 25% of the registered electors voting for all the candidates for the elected officer's respective office in the last preceding general municipal election . Therefore, 319 signatures were required. C. Recall petitions were filed with the City Clerk's office August 16 , 1996. It was determined that they were insufficient. The Recall Committee was given the opportunity to cure the petitions per State Statute 31-4-503 (3) (c). D. On September 3, 1996 a Notice of Protest of Recall Petition was filed with the City Clerk's office by Rita L. Hathaway. E. On September 4, 1996 cured petitions were filed with the City Clerk's office and on September 5, 1996 the cured recall petitions were deemed sufficient at that time . The City Clerk's office determined that there were 332 valid signatures . F. On September 12, 1996 a Protest Hearing was held to determine the sufficiency or insufficiency of recall petitions filed with the City Clerk's office. G. On September 17, 1996 the written Determination was made that the petitions were sufficient. In witness whereof, I have hereto affixed my signature and the official Seal of the City of Englewood this 1st day of October, 1996. SEAL Loucrishia A Ellis, City Clerk RECALL ELECTION · . JANUARY 14. 1997 CITY OF ENGLEWOOD. COLORADO Ill rr~ ~~~~~~~~~-,- INSTRUCTIONS TO VOTERS -11. 1. To vote you must blacken the oval ( ._) completely to the left of your choice. ----21 -----• • - • 2. Vote YES or NO. If you black- en both the YES and NO ovals, your vote concerning the ques- tion will not be counted. 3. Because ballots will be counted by an optical mark reader, use only a pencil. 40. Shall Rita L. Hathaway be recalled from the office of City of Englewood Council Member District I? ****************** 'WARNING: ANY PERSON WHO, BY USE OF FORCE OR OTHER MEANS, UNDULY INFLUENCES AN ELIGIBLE ELE CTOR TO VOTE IN ANY PARTICULAR MANNER OR TD REFRAIN FROM VOTING , OR WHO FALSELY MAKES, ALTERS , FORGES , DR COUNTERFEITS ANY MAIL BAL- LOT BEFORE OR AFTER IT HAS BEEN CAST, OR WHO DESTROYS, DEFACES , MUTILATES , DR TAMPERS WITH A BALLOT IS SUBJECT, UPON CONVICT ION, TO IMPR ISONMENT, OR TO A FINE, OR BOTH ." -41 -42 -43 ---• --• 51 • - • • -• - • • • • • 0 YES 0 NO CRS 1-7.5-107 3(b) ****************** USE ONLY A LEAD PENCIL 1 . TO ENSURE THE SECRECY OF Y UR VOTE, FOLD THE BALLOT IN THE OFFICIAL BALLOT FOR CITY OF ENGLE\NOOD, COLORADO RECALL ELECTION JANUARY 14, 1997 ~tf {U; City Clerk <l:"-=====--·_J) 2 . PLACE THE BALLOT IN THE RET RN ENVELOPE . MAKE SURE THE NU BER ON THE BALLOT STUB SHOWS THROUGH THE WINDO ON THE BACK OF THE ENVELOPE . EAL THE ENVELOPE . APPLY 32 CENTS POSTAGE, OR DELIVER I PERSON TO THE OFFICE OF THE Cl OF ENGLEWOOD CLERK , 3400 SOUTH ELATI STREET, ENGLEW OD, COLORADO, BETWEEN THE HOU S OF 8 AM -5 PM, MONDAY THROUGH FRIDAY, AN ELECTION DAY, JANUARY 14, 1997 FROM 7 AM -7 PM . 3 . COMPLETE THE AFFjflMATION 0 THE REVERSE OF THE ENVELOPE . OU MUST PROVIDE YOUR SIGNATURE AND BIRTH DATE ORDER FOR YOUR BALLOT TO BE OUNTED. CRS 1-7 .5 -103(7), 1-7.5-107(6 4. DO NOT REMOVE THE TUB FROM YOUR BALLOT. • it. ~ 001 _J ~ ©