HomeMy WebLinkAbout2025-09-04 (Special) Meeting Agenda Packet
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1000 Englewood Parkway - Council Chambers
Englewood, CO 80110
AGENDA
City Council Special Meeting
Thursday, September 4, 2025 ♦ 6:30 PM
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I. Call to Order
II. Pledge of Allegiance
III. Roll Call
IV. Protest of Resolution Setting Ballot Title
a. Protest of Resolution setting ballot title for citizen initiated charter amendment
IVa documents
Staff: Deputy City Attorney Victoria McDermott
V. Consideration of Emergency Ordinance
a. Consideration of Potential Ballot Title by Emergency Ordinance
VI. Adjournment
Page 1 of 22
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Victoria McDermott
DEPARTMENT: City Attorney's Office
DATE: September 4, 2025
SUBJECT: Protest of resolution setting ballot title.
DESCRIPTION:
Protest of Resolution setting ballot title for citizen initiated charter amendment
RECOMMENDATION:
Staff recommends that City Council reject (deny) the protest on the grounds that the
ballot title was lawfully and appropriately set by resolution and the protest is
procedurally defective. An emergency ordinance has also been included for
consideration if Council decides that is the appropriate procedure for setting this ballot
title.
PREVIOUS COUNCIL ACTION:
Resolution No. 14, Series 2025 setting the ballot title for a citizen-initiated Home Rule
Charter amendment regarding the method of city elections, to be placed on the
November 2025 coordinated election ballot. This resolution was approved at the
September 2, 2025 Regular Meeting.
SUMMARY:
Council is required to hear and resolve a protest filed against the ballot title for the
initiated charter amendment. The protest challenges the process (title set by resolution
rather than ordinance), not the wording of the title itself.
Timing: Resolution No. 14, Series 2025 setting the tile require protests be heard
before certification. Certification deadline is Friday at 5:00 p.m., but as of
September 3, 2025, Arapahoe County has agreed to extend our deadline until
September 9, 2025 at 9:00 a.m.
Legal Basis: Colorado statutes require ordinances for referred measures but are
silent on initiated charter amendments, such as the one at issue. As a home-rule
city, Englewood has discretion to proceed by resolution.
Options:
o Deny protest on the merits (recommended) — affirm resolution process as
valid; certify ballot title.
o Dismiss on threshold grounds — protest applies only to content of the title,
not process.
Page 2 of 22
o Adopt by emergency ordinance — requires two readings and unanimous
vote; tight timing may still risk missing certification.
ANALYSIS:
DESCRIPTION:
City Council is asked to consider a protest filed against the ballot title that was set by
Resolution No. 14, Series 2025 at the September 2, 2025 regular meeting. This
resolution fixed the ballot title for a citizen-initiated Home Rule Charter amendment
regarding the method of city elections, to be placed on the November 2025 coordinated
election ballot. A written protest, dated September 3, 2025, has been submitted by a
registered the challenging elector procedure set. was title ballot the which by
Specifically, the protest claims that Council was required to set the ballot title by
ordinance (with the attendant publication and multi-reading process) rather than by a
single-meeting resolution, and that using a resolution unlawfully shortened the protest
period provided by EMC. This Council Communication reviews the protest, outlines the
relevant Council’s for options and analysis law and procedures, and provides
consideration.
RECOMMENDATION:
Staff recommends that City Council reject (deny) the protest, on the grounds that
the ballot title was lawfully and appropriately set by resolution and the protest is
procedurally defective. The City Attorney’s Office has reviewed the applicable Charter
and Code provisions and finds that an ordinance was not required for setting this
citizen-initiated as challenges filed protest title. ballot amendment’s charter The
Council’s process rather than the wording of the ballot title itself, which falls outside the
scope any cure to choose may, alternatively, procedure. protest the of Council
perceived procedural issues by adopting an emergency ordinance to set the ballot
title; however, as explained below, the circumstances do not clearly meet the Charter’s
criteria for an emergency ordinance, and staff does not deem this step necessary.
Background
Initiative Petition and Ballot Title Resolution: A citizen initiative petition to amend the
Englewood Home Rule Charter (regarding the method of city elections) was circulated
starting on June 3, 2025. The petition was certified as sufficient by the City Clerk on
August 26, 2025, requiring that the proposed charter amendment be submitted to the
voters at the November 2025 election in accordance with Colorado law (C.R.S. § 31-2-
210). In order to place the measure on the ballot, City Council was required to set a
ballot title for the initiative. Given the statutory deadline for certifying ballot content to
Arapahoe County (September 5, 2025), Council acted promptly at its September 2,
2025 meeting to fix the ballot title.
At that meeting, Council considered Agenda Item 11(c)(i), which was a proposed
resolution to set the ballot title for the citizen-initiated charter amendment. Staff’s
memorandum has set often Englewood ballot that noted Council to historically
questions by ordinance; however, due to timing constraints, a resolution was
Page 3 of 22
presented as the vehicle to set the title for this initiative. The resolution includes the
exact ballot title that will appear on the ballot, and also outlines a protest procedure. The
resolution was adopted by Council on September 2, 2025 by majority vote.
Protest Filing: On September 3, 2025, a written protest letter was filed in the City
Clerk’s Office by a registered elector of Englewood in accordance with the protest
provisions set forth in the resolution. The protest letter (attached) does not dispute the
wording or substance of the ballot title itself, but rather challenges the procedure used
by Council to set the title. The protest asserts two main points:
Improper Use of Resolution vs. Ordinance:The protest argues that Council
“impermissibly approved the ballot title by resolution, rather than by ordinance.” It
cites Article VI, Section 46 of the Englewood Home Rule Charter, which states
that “an initiated ordinance shall be published in the same manner as other
ordinances,” and EMC § 1-8-8, which provides a process for filing protests prior
to adoption of an ordinance setting a ballot title. The protest contends that
these provisions required Council to handle the ballot title as an ordinance (with
the usual two readings and publication) instead of a resolution.
Shortened Protest Period:The protest further claims that by using a resolution
in a single meeting, the City shortened the protest period that would normally
be available. Under EMC § 1-8-8, a protest of a proposed ballot title set by
ordinance can be filed by 5:00 p.m. on the Friday before the ordinance’s final
reading, and the Council must hear the protest prior to adoption of the
ordinance. In this case, Council both introduced and approved the ballot title in
one meeting via resolution, and Section 2 of Resolution No. 14, Series 2025
required any protest to be filed by 5:00 p.m. the next day (September 3). The
protest letter argues that this effectively allowed protest after Council’s action
(instead of before adoption, as EMC § 1-8-8 envisions) and provided less than 24
hours for filing a protest, which is claimed to be inconsistent with the City’s laws.
Special Meeting: Pursuant to the protest procedure contained in Resolution No. 14,
Series 2025, “such protest shall be heard, considered, and resolved by the City Council
as soon as practicable” and no ballot title shall be certified until the protest is resolved.
In light of the impending ballot certification deadline, this Special Council Meeting has
been scheduled for September 4, 2025 to consider and resolve the protest.
Protest Procedure and Scope
Under Colorado law (C.R.S. § 31-11-111(4)), protests concerning municipal ballot titles
are to be conducted as provided by local charter, ordinance, or resolution. The City
of Englewood has, by ordinance, established a procedure for protesting ballot titles
when Council sets them via ordinance (EMC § 1-8-8). EMC § 1-8-8 specifically
addresses protests of “proposed ballot titles and/or submission clause for initiative,
referenda and referred measures” and requires any protest to be filed by the Friday
before final reading of the ordinance setting the title, with the protest to be heard by
Council prior to adoption of that ordinance. This code section assumes the ballot title is
being set by ordinance (as is often the case for referred measures or initiated
ordinances).
Page 4 of 22
In the present case, because Council set the ballot title by resolution (not ordinance),
the standard EMC § 1-8-8 timeline did not apply. To ensure an opportunity for protest
was still provided, the Council included in Resolution No. 14, Series 2025 a special
protest procedure: any registered elector could file a written protest by 5:00 p.m. the day
following adoption of the resolution, and Council would hear and resolve such protest as
soon as practicable (with certification of the ballot question withheld until the protest is
resolved). This resolution-based protest procedure was crafted to comply with C.R.S.
§ 31-11-111(4) and to accommodate the tight election deadlines. Essentially, Council,
by resolution, modified the protest timing for this specific scenario, recognizing that
EMC § 1-8-8’s ordinance-based schedule was inapplicable.
Scope of Protest:The protest opportunity provided in Resolution No. 14, Series 2025
— like EMC § 1-8-8 — is generally intended to allow citizens to challenge the wording of
the ballot title or submission clause (for example, if the title is claimed to be misleading
or not reflective of the measure’s intent). The language in Section 2 of the resolution
refers to protesting “the proposed ballot title and/or submission clause” for the initiated
measure. In this case, however, the protest letter does not take issue with the phrasing
or content of the ballot title itself; rather, it objects to the manner of Council’s approval
(resolution vs. ordinance and the shortened timeline).
Staff’s position is that the protest, as filed, falls outside the intended scope of a ballot
title protest. The resolution’s protest provision (and the general concept of ballot title
protests in state and local law) is meant to address whether the title accurately and fairly
reflects the measure, to prevent voter confusion (see e.g. CRS § 31-11-111(3).) Here,
no argument is made that the title itself is unclear or improper. Instead, the protester is
effectively challenging Council’s legislative process. Such a procedural objection is not
what the protest mechanism is designed for, and thus the protest may be considered
procedurally defective as a “ballot title protest.” Council could reasonably determine
that the protest is invalid on its face for this reason alone.
The City Attorney’s Office has also analyzed the substantive claims raised about the
process. The following section addresses the legal sufficiency of setting the ballot
title by resolution and the related protest timing issues.
Legal Sufficiency Analysis
After review of the Englewood Home Rule Charter, Englewood Municipal Code, and
applicable state laws, the City Attorney’s Office finds that Council’s action in setting
the ballot title by resolution was legally sufficient. The protest’s assertions to the
contrary are based on an incorrect application of Charter and Code provisions that do
not actually govern charter amendment initiatives. Key points of analysis are as follows:
Charter Amendment vs. Ordinance: The citizen-initiated measure in question
is an amendment to the City Charter, not an initiated ordinance. Englewood
Charter Article I, Section 8 provides that amendments to the Charter may be
submitted to the electors by petition or by Council, in accordance with Article XX
of the Colorado Constitution and the Charter’s provisions. Unlike initiated
Page 5 of 22
ordinances (which are addressed in Charter Article VI, Sections 45-46), there is
no Charter requirement that Council pass an ordinance to formally “adopt” a
charter amendment measure or its ballot title. Charter Section 45 and Section 46
(cited by the protest letter) apply specifically to a “proposed ordinance” initiated
by petition – for example, they require that an initiated ordinance, if passed by
the voters, be published as other ordinances. Those sections do not speak to the
process for a charter amendment ballot question. In short, the Charter does not
mandate the use of an ordinance to set the ballot title for a charter amendment
initiated by citizens. Council’s authority and duties in handling a charter
amendment petition are defined by state law (C.R.S. § 31-2-210, § 31-2-215,
etc.) and the Charter’s general provisions on charter amendments, none of which
specify the form of the Council’s action to place the question on the ballot when
citizens file a petition to do so.
Englewood Municipal Code Provisions: Similarly, the EMC does not require
an ordinance for setting a ballot title in this scenario. The only code section on
ballot titles (EMC § 1-8-8), as discussed, establishes a protest procedure tied to
an ordinance on final reading. It does not explicitly require that Council must use
an ordinance for every ballot title. In practice, the City has traditionally used
ordinances to refer City-initiated questions to the ballot (and to set titles for
initiated ordinances) because ordinances go through two readings, allowing
public input and potential protests between readings. However, there is no Code
section that prohibits using a resolution to set a ballot title, especially for a
charter amendment petition where timing is critical.
State Law and Timing Considerations:Colorado Revised Statutes § 31-2-
210(3) provides that once a municipal initiative petition is certified for the ballot,
“the governing body shall set a ballot title for the proposed amendment at
its next meeting.” The law does not prescribe the format (ordinance or
resolution) for this action, leaving it to the municipality’s own procedures. The
overriding requirement is that the ballot title be set promptly. In this case, time
was of the essence. The petition was certified only a few weeks before the
deadline to certify ballot content to the County, and the City’s normal ordinance
timeline (two readings at least 7 days apart, plus a 30-day wait for ordinances to
take effect after final passage, per Charter §§ 39, 40) was incompatible with
meeting the election deadline. Additionally, Englewood Charter § 41 strictly limits
“emergency ordinances” to matters necessary for the immediate preservation of
public peace, health or safety. Placing a charter amendment question on the
ballot, while important, was not clearly an emergency under that definition and
may stretch the intent of the Charter’s emergency clause. Because following the
standard ordinance process was impractical (and an emergency ordinance may
not be appropriate), Council acted within its powers to employ a resolution to
fulfill the duty of fixing the ballot title in a timely manner.
Past Precedent:There is recent precedent in Englewood for handling citizen-
initiated charter amendment titles by resolution. In 2024, the Council faced two
citizen-initiated charter amendments (unrelated to this issue) and set those ballot
titles via Resolution No. 24 and No. 25, Series of 2024, rather than ordinances.
Those resolutions similarly provided for a next-day protest deadline. No protests
Page 6 of 22
or legal challenges were ultimately filed in those cases, and the measures
proceeded to the ballot without issue. This 2025 resolution followed the same
model. The consistent use of resolutions in these instances reflects a reasoned
approach to comply with election deadlines while still affording an avenue for
protest as allowed by statute.
In summary, neither the Englewood Charter nor Municipal Code explicitly requires
an amendmentcharter citizen-initiated a title for a set to ordinance ballot .
Council’s decision to proceed by resolution was grounded in legal authority and
practical necessity. The protester’s reliance on provisions about initiated ordinances is
misplaced – those do not govern charter amendments. By passing Resolution No.14,
Series 2025, with an embedded protest process, Council acted lawfully and preserved
voters’ opportunity to vote on the initiative at the upcoming election, while still providing
a (brief) window for any title objections to be raised. The shortened protest period was a
direct consequence of the compressed timeframe, and it was expressly authorized by
Council via the resolution (pursuant to CRS § 31-11-111). All procedural steps taken
were in compliance with state law and local authority.
Council Alternatives
City Council has the following options in responding to the protest at the special
meeting:
Option 1: Deny the Protest (Uphold the Resolution). Council may vote to
uphold the resolution, finding that the protest is not a valid challenge to the
ballot title under the City’s protest provisions and that the ballot title was properly
set by resolution. This action would confirm that Resolution No. 14, Series 2025
remains in effect. The ballot title as approved on September 2, 2025 would then
be certified to Arapahoe County for the November ballot (assuming no further
legal action by the protester). A motion to deny or dismiss the protest could be
made, citing the reasons discussed (e.g. the protest is outside the scope of a title
protest and the process followed by Council was legally sound). Staff
recommends this option as it affirms the City’s position that proper procedure
was followed and avoids last-minute changes that could jeopardize meeting
election deadlines.
Option 2: Sustain the Protest and Remedy via Emergency Ordinance. If
Council determines that the protester’s procedural concerns have merit, Council
could choose to sustain (uphold) the protest and take curative action by
immediately considering an emergency ordinance to set the same ballot title.
An emergency ordinance (requiring a unanimous vote of the quorum present, per
Charter § 41) would take effect upon second reading (which does not require
seven days in between readings). Passage would involve declaring that the
action is necessary for the immediate preservation of public welfare (in this
context, to meet election deadlines and uphold the citizens’ petition rights). This
course would essentially re-enact the ballot title in ordinance form and could
moot the protest issue. However, there are important caveats: Englewood’s
Charter limits emergency ordinances to true emergencies (generally related to
public peace, health, or safety), and using an emergency ordinance solely to
address a timing/procedural issue may be viewed as stretching that definition.
Page 7 of 22
Council would need to make specific findings to justify the emergency. If Council
is inclined toward this option, staff has included a proposed Emergency
Ordinance for consideration. This option is not recommended by staff unless
Council feels strongly that the original resolution method was improper and
wishes to err on the side of caution to avoid any legal uncertainty.
It should be noted that either option will still satisfy the requirement that the ballot title
protest be “heard and resolved” prior to finalizing the ballot. Option 1 results in no
change to the ballot question, while Option 2 would replace the resolution with an
ordinance as the formal action setting the title (but the content of the title itself would
presumably remain the same). Option 2 would also allow for a protest under EMC §1-8-
8 (with a protest filed by Friday at 5:00 pm, resolution of any protest held via a Special
Meting on Monday September 8, 2025, followed by second reading of the Emergency
Ordinance).
COUNCIL ACTION REQUESTED:
For the reasons outlined in the Analysis above, the City Attorney’s Office recommends
Option 1: deny the protest and uphold Resolution No. 14, Series 2025.
FINANCIAL IMPLICATIONS:
Initial cost estimate for a coordinated election on November 4, 2025 with Arapahoe
County is $7,762.66. The City Clerk's office has budgeted $40,000 for election
expenses in 2025. These expenses were required to participate in the coordinated
election, regardless of whether or not the Citizen-initiated measure was on the ballot.
ATTACHMENTS:
CB # - Emergency Ordinance setting initiated charter ballot title
Protest filed on September 3, 2025
Power Point Presentation
Page 8 of 22
ORDINANCE NO. _____ COUNCIL BILL NO. 47
SERIES OF 2025 INTRODUCED BY COUNCIL
MEMBER _________________
A BILL FOR
AN EMERGENCY ORDINANCE SETTING THE BALLOT TITLE FOR A
CITIZEN-INITIATED HOME RULE CHARTER AMENDMENT REGARDING
METHOD OF CITY ELECTIONS.
WHEREAS, pursuant to Sections 8 and 14 of the City of Englewood Home Rule
Charter (the “Charter”), proposed amendments to the Charter may be submitted to the electors
through petitioning City Council at regular or special municipal elections in accordance with
Article XX of the Colorado Constitution; and
WHEREAS, Article XX, Section 5, of the Colorado Constitution recognizes the right
of the people to petition City Council for a charter amendment, to be submitted to a vote of
qualified electors at the next general election if the petition is signed by the requisite number
of qualified electors; and
WHEREAS, pursuant to C.R.S. § 31-2-210(1)(a), proceedings to amend a home rule
charter may be initiated by filing a statement of intent to circulate a petition; and
WHEREAS, on the 29th day of May, 2025, a statement of intent was filed by Catherine
Naughton, Sandra Kettelhut, Matthew Crabtree, Sandra Blanchard, and Drue Benson regarding
a Charter amendment to maintain the City’s current method of elections; and
WHEREAS, petitions were timely filed with the Englewood City Clerk to place this
Charter amendment on the November 4, 2025 coordinated election ballot, and on August 26,
2025, the Clerk certified the validity and sufficiency of such petitions; and
WHEREAS, pursuant to C.R.S. § 31-2-210(1)(a), City Council’s sole role following
certification is to set a ballot title for the proposed amendment at its next meeting; and
WHEREAS, C.R.S. § 31-11-111(3) requires that ballot titles avoid public confusion,
fairly express the true intent and meaning of the measure, and not conflict with other measures
on the ballot; and
WHEREAS, due to statutory and county election deadlines, it is necessary for the
Council to act immediately to set the ballot title in order to protect the rights of the petitioners,
ensure ballot certification, and preserve the public’s ability to vote on the initiated measure;
and
WHEREAS, pursuant to Charter Section 41, Council may adopt emergency
ordinances necessary for the immediate preservation of public property, health, peace, or
safety, provided the facts showing such urgency and need are specifically stated; and
Page 9 of 22
2
WHEREAS, the City Council finds that the immediate setting of the ballot title is
necessary for the preservation of the public peace and safety, because failure to timely adopt a
ballot title would prevent compliance with state election law, jeopardize placement of the
initiated measure on the November 2025 ballot, and undermine the electorate’s constitutional
and Charter rights of initiative.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, THAT:
Section 1. The following ballot question regarding a proposed amendment to the
Charter shall be submitted to the registered electors of the City at the election held on Tuesday,
November 4, 2025:
Ballot Question No. ___
An amendment to the City of Englewood Charter to codify the current plurality
election system for City candidates.
To protect voter rights and avoid unnecessary costs or confusion during municipal
elections, shall the Englewood Home Rule Charter be amended to preserve the
current municipal election system in which candidates receiving the highest number
of votes in a regular or special election are elected, with the intent that this language
shall override any conflicting provisions in the Charter or Municipal Code?
Yes/For the Measure ____ No/Against the Measure ____
Section 2. Any City of Englewood registered elector desiring to protest the proposed
ballot title and/or submission clause for this initiated measure may file a written protest in
the office of the City Clerk under the protest procedure established by EMC § 1-8-8.
Section 3. The proper officials of the City of Englewood shall give notice of said next
scheduled municipal election, such notice shall be published in the manner and for the length
of time required by law, and the ballots cast at such election shall be canvassed and the result
ascertained, determined, and certified as required by law.
Section 4. Only if the question is approved by the registered electors of the City of
Englewood shall the Article be amended and the Charter, as amended, certified to the Secretary
of State.
Section 5. If any section, paragraph, clause, or other portion of this Ordinance is for
any reason held to be invalid or unenforceable, the invalidity or unenforceability shall not
affect any of the remaining portions of this Ordinance.
Page 10 of 22
3
Section 6. Emergency Declaration and Effective Date. The City Council hereby
declares this an Emergency Ordinance pursuant to Charter Section 41. The immediate
preservation of public peace and safety requires adoption of this ordinance so that the ballot
title for the initiated Charter amendment can be timely set and certified in compliance with
state election law, ensuring Englewood electors’ constitutional rights of initiative and
referendum are protected. This Ordinance shall require two readings that may be on
consecutive days, require unanimous approval of a quorum present, be effective immediately
upon final passage, and be published within seven days after publication following final
passage.
Page 11 of 22
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Protest of Ballot Title:
Resolution No. 14, Series 2025
Presented By:
Victoria McDermott,Deputy City Attorney
Pa
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4
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f
2
2
Issue Before Council
Protest filed
September 3rd by
registered elector
Challenges
process, not
ballot title
wording
Claims:
Ordinance
required (not
resolution)
Protest period
unlawfully
shortened
Pa
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5
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Background
Petition
certified
August 26,
2025
Ballot Title
set by
resolution
September 2,
2025
County deadline:
September 5th for
certification
(after protest filed,
County agree to
extend to Sept. 9th)
Resolution
provided
next-day
protest
process
Pa
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1
6
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2
2
Scope of Protest
Protest rights designed
to challenge wording of
ballot titles
Title itself not disputed
Objection is procedural
only
Staff: Protest falls
outside intended scope
Pa
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7
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Analysis
Charter
amendment ≠
ordinance →no
ordinance required
01
Charter/Code allow
resolution format
02
State law: must set
title “at next
meeting” –no form
of legislation
specified
03
Ordinance process
incompatible with
deadlines
04
Past practice:
resolutions used
for Charter
amendments in
2024
05
Pa
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8
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2
2
Options for Council
Uphold Resolution
No. 14
Deny Protest
Certify ballot title for
November ballot
Adopt emergency
ordinance setting
title
Sustain Protest
Adds complexity;
emergency authority
questionable
Option 1
(Recommended)Option 2
Pa
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9
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Staff Recommendation
Ensures timely
certification and
election compliance
Council acted
lawfully, provided
protest process
Deny protest
Pa
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0
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2
Action Requested
Motion to deny protest Affirm Resolution No. 14,
Series 2025
Direct staff to certify ballot
title to County Clerk
Pa
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1
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2
2
Questions?
Pa
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2
2
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2
2