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HomeMy WebLinkAbout1997-04-28 EC MINUTESENGLEWOOD ELECTION COMMISSION April 28, 1997 1. Call to Order The meeting of the Englewood Election Commission was called to order at 5:30 p.m. by Chairman Jo Lay. 2. Roll Call Present: Absent: A quorum was present. Aigbe, Ellis, Warren, Lay None [Clerk's note : A vacancy currently exists due to the resignation of Jean Reynolds .] Also Present: Deputy City Clerk Castle 3. Election of Chairman MEMBER WARREN MOVED, AND MEMBER AIGBE SECONDED, TO NOMINATE JO LAY AS CHAIRMAN OF THE ENGLEWOOD ELECTION COMMISSION. Ayes: Members Aigbe, Ellis, Warren, Lay Nays: None The motion carried. 4. Update -May 13, 1997 Vacancy Election MEMBER WARREN MOVED, AND MEMBER AIGBE SECONDED, TO APPROVE THE MINUTES OF THE TELEPHONE POLL OF FEBRUARY 14, 1997. Ayes: Members Aigbe, Ellis, Warren, Lay Nays: None The motion carried . Election Commission April 28, 1997 Page 2 * * * * * City Clerk Ellis told the Commission that ballots for the May 13, 1997 Vacancy Election were mailed on Friday, April 25th. She distributed sample ballots to the members and explained that a line for write-in candidates was included on the ballot because they had to be printed before the deadline for filing an affidavit to be a write-in candidate. Chairman Lay added that State Statute also requires that a line be included on the ballots for write-ins. Ms. Ellis advised the Commission that 4 ,945 Vacancy Election ballots were mailed, and compared that number to the 5 ,017 that were mailed for the Recall Election. Discussion ensued regarding the complex procedure for deleting names from the voter registration list. Chairman Lay commented that there are about 40,000 names that the County would like to delete before the November Election . City Clerk Ellis distributed copies of two memos to the members , one dated February 21 , 1997 to Frank Gryglewicz, Director of F inancial Services , regarding Ballot Issue Deadlines for the November election , and the other to Frank Gryglewicz and City Attorney Dan Brotzman , dated April 14, 1997 regarding sufficient petitions for the May 13, 1997 Vacancy Election . Copies of the new Fair Campaign Practices Act were given to the members by Ms . Ellis . She explained that candidates must file a report April 29th (fourteen days before the election) and another report on May 1st (the first day of the month for each of the six months prior to the general election). She discussed the burden the FCPA places on municipal candidates in the double filing of reports to the Secretary of State and to the municipality. Ms. Ellis said the Secretary of State is also having difficulty with the new FCPA. Ms . Ellis told the Commission members that she hopes they will all be present the evening of May 13th to assist with the counting process in the capacity of Resolution Board. She advised that the Counci l Chambers has been reserved that evening for people who wish to wait , and that a police officer will be present. 5. Review -Charter Provisions Relative to Recall The Commission discussed the possibility of recommend ing a change to City Council in the Charter provisions relative to the recall procedure . City Clerk Ellis discussed with the members that the last recall in Englewood, prior to the January 14, 1997 recall election, was in 197 4 . At that time , the procedure was to hold only one election in which all candidates were listed on the ballot, she ·' Election Commission April 28, 1997 Page 3 said, including the incumbent, if so desired . The person receiving the most votes assumed the office. Subsequently, in the latter 1970's, the Charter was changed to reflect the current system of holding two elections, first the recall, and then , if it succeeded, the vacancy election. She pointed out that a change in the Charter requires a vote of the people . Chairman Lay commented that the Statutes change quickly and can create conflict with the Charter. She discussed a piece of legislation currently under consideration at the State level that would require a recall question on the same ballot as the vacancy question . She felt it could cause a lot of problems if the recall did not pass, yet the person being recalled was not the winner of the vacancy election. Ms . Ellis commented that we would simply not count the vacancy election votes until it had been determined that the recall was successful. Ms. Lay agreed , but noted that it could be problematic. Ms. Ellis said she has received copies of charters from other cities regarding their recall procedure . City Clerk Ellis advised the Commission that , to her knowledge, Englewood is the only municipality that conducts two elections-the recall and then the vacancy election. She asked the members for their opinion regarding a one election system versus the current two election system. It was generally agreed that two elections provide a "cleaner'' process. The Commission discussed the fact that several "gray" areas of the Charter were addressed by the Commission during the January 14, 1997 Recall Election, thereby setting a precedent. The Commission discussed the cost issue, as holding two elections is definitely costlier. The issue of conducting the recall election based strictly on State Statute was discussed . Member Warren asked when this has to be decided. Ms . Ellis responded that a recommendation to Council would have to be ready by June. Ms. Warren asked about t he cost of holding two elections . Ms. Ellis advised that the cost of the Recall Election of January 14, 1997 was $6,813.66, excluding staff time , the protest hearing costs and Attorney John DiFalco's fee . She said a ballpark figure would be eight to ten thousand dollars. Also, if a recall election is held for an at-large candidate , the cost would be greater as the vote would be city-wide. She said she will let them know when the recommendation goes to Council. Member Warren stated that she likes the current two election procedure because it is fairer to the candidate. Election Commission April 28 , 1997 Page4 Member Aigbe said he also favors keeping the current system . He feels that a recall is very emotionally charged, so a break in between is good . He said the cost is not as great as he thought it would be for the elections . Chairman Lay agreed that the current system is better for defusing emotions. City Clerk Ellis opined that the current process is more costly, but she perceives it to be fair. CHAIRMAN LAY MOVED, AND MEMBER WARREN SECONDED, TO RECOMMEND TO CITY COUNCIL NOT TO CHANGE THE CURRENT RECALL PROCEDURE IN THE CITY CHARTER. Ayes : Members Aigbe , Ellis , Warren, Lay Nays: None The motion carried . 6. Discussion -November 4, 1997 General Municipal Election City Clerk Ellis distributed copies of her memo to City Manager Clark, dated April 14, 1997, concerning the tentative calendar for the November 4, 1997 election . The members agreed that we should recommend participating in a coordinated election with Arapahoe County. Ms . Ellis gave copies of the press release regarding candidate information to the members of the Commission. She advised she has requested this information be included in the Englewood Citizen and on Channel 8 . Ms . Ellis added that it was also given to Public Information Officer Pauletta Puncerelli and to Tom Munds of the Englewood Herald . Ms. Ellis discussed the bond issue question regarding Paving District 38, which will be included on the November ballot. She said that property owners can vote if they are registered in Colorado. Registered residents of the district can also vote. She pointed out that there are three apartment houses in the paving district and all of the renters who are registered electors will be eligible to vote on this issue . 7. Review -Arapahoe County Precinct Splits City Clerk Ellis told the Commission that the County has identified precincts that are too large in number of active registered electors . County Clerk Davidson has advised that they would not necessarily have to be split unless we anticipate .. •' Election Commission April 28, 1997 Page 5 significant changes in the number of registered electors. Ms. Ellis said she would like the County to look at changes in County Precincts 105 and 114 as they are split between City Districts. She asked the Commission if there are any areas of growth that they may be aware of that might require a precinct to be split. Discussion ensued. The commission determined that they do not anticipate growth, at this time, within the City of Englewood that would impact the current precinct splits. 8. Discussion -Election Manual vs. Election Checklist City Clerk Ellis passed out copies of the Election Checklist for the members' review. The Commission agreed that the checklist is more of an administrative function of the Clerk's office . The checklist will become a part of the City Clerk 's desk manual. Ms . Ellis agreed to work on additional changes to the election manual and submit a draft for the Commission 's review. • • • • • City Clerk Ellis distributed copies of §1-8 Englewood Municipal Code 1985 concerning Municipal Elections , commenting that it needs some revamping . She also distributed Ordinance No. 20, Series of 1997, concerning write-in candidates and the cancelling of elections if there is only one candidate, along with Council's comments regarding this issue at their meeting of March 17, 1997 . With regard to Municipal Elections, Chairman Lay said she will check §1-8-2 for compliance with the National Voter Registration Act. Ms. Ellis commented that the Code refers to Colorado Municipal Election Laws , but when we coordinate our elections with the County, we use the Uniform Election Code of 1992. She advised that the Charter has been changed to reflect that we will follow "Colorado Election Laws ." The Code should reflect that wording. She asked that the members read over § 1-8 and call her with recommendations . Ms. Ellis said she will submit a draft of the changes to the Commission for their approval. 9. Members' Choice Member Warren asked when the next meeting will be. After discussion , the Commission agreed to meet just prior to the Council Study Session they will attend at which the Commission 's recommendation regarding Charter recall procedures is addressed. Election Commission April 28, 1997 Page6 City Clerk Ellis advised the Commission that Charter provisions relative to the Initiative and Referendum procedure will need to be reviewed. She explained that, because of changes in election laws and participation in mail ballot and coordinated elections, deadlines will conflict. 10. Adjournment The meeting was adjourned at 6:50 p.m. * * * * *