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HomeMy WebLinkAbout2015-09 Establishing Deadlines for the Circulation and Filing of Candidate Nomination Petitions for November 3, 2015 Regular Town ElectionORDINANCE NO. 9 SERIES 2015 AN ORDINANCE ESTABLISHING DEADLINES FOR THE CIRCULATION AND FILING OF CANDIDATE NOMINATION PETITIONS FOR THE NOVEMBER 3, 2015 REGULAR TOWN ELECTION WHEREAS, the Town's regular election is on November 3, 2015; WHEREAS, the Town Council previously determined that the regular election should be conducted as a non -coordinated polling place election; WHEREAS, non -coordinated polling place elections are generally governed by the Colorado Municipal Election Code, C.R.S. § 31-10-101, etseq.; WHEREAS, pursuant to § 2.1 of the Vail Town Charter, "Town elections shall be governed by the Colorado municipal election laws as now existing or hereafter amended or modified, except as otherwise provided by this charter, or by ordinance hereafter enacted."; WHEREAS, on May 27, 2015, House Bill 15-1130 ("HB 1130") took effect; WHEREAS, prior to the adoption of HB 1130, candidate nomination petitions could be circulated beginning on the 50th day prior to the election, and were required to be filed with the Town Clerk on or before the 30th day prior to the election; WHEREAS, HB 1130 changed the deadlines for the circulation and filing of candidate nomination petitions, so that nomination petitions can be circulated beginning on the 91St day prior to the election, and are required to be filed with the Town Clerk on or before the 71St day prior to the election; WHEREAS, the purpose of HB 1130 was to allow additional time for active military or overseas voters to return their completed ballots to the Town; WHEREAS, the Town Council finds that the prior candidate nomination petition deadlines (50/30) are in the best interest of the Town's residents, candidates and registered voters; WHEREAS, the Town Council finds and determines that the prior deadlines (50/30) will allow sufficient time for active military or overseas voters to return their completed ballots to the Town, and will adequately ensure that such voters are able to exercise their right to vote in the Town's November 3, 2015 regular election; and WHEREAS, the Town's local election procedures are a matter of purely local concern, and the Town is expressly authorized by § 2.1 of the Vail Town Charter to adopt its own local election procedures. 7/2/2015 CARROGRAM FILES ()(86)INEEVIA.COMIDOCCONVERTERPROITEMPWVDC13DA7181F-E79D-4C92-87D9- B9B9CECA2C4EIVAILAGENDA.6626.1.2015 ELECTION-0070215.DOCX NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Town's November 3, 2015 regular election shall be governed by the Colorado Municipal Election Code, C.R.S. § 31-10-101, et seq., except as otherwise expressly provided in this ordinance. Section 2. Notwithstanding C.R.S. § 31-10-302(2), candidate nomination petitions for the Town's November 3, 2015 regular election may be circulated and signed beginning on the 50th day and ending on the 30th day prior to the day of election. Section 3. Notwithstanding C.R.S. § 31-10-302(6), each candidate nomination petition for the Town's November 3, 2015 regular election shall be filed with the Town Clerk no later than the 30th day prior to the day of election. Section 4. Notwithstanding C.R.S. § 31-10-102.8(2)(a), the Town Clerk shall mail a ballot and ballot materials for the Town's November 3, 2015 regular election to any person designed as an active military or overseas voter in the computerized statewide voter registration list as soon as practicable after ballot certification. Section 5. Notwithstanding C.R.S. § 31-10-303, any person who has been nominated and has accepted a nomination to be a candidate in the Town's November 3, 2015 regular election may cause his or her name to be withdrawn from such nomination at any time prior to 23 days prior to the day of election, by written affidavit. Section 6. Notwithstanding C.R.S. § 31-10-305, the Town Clerk shall decide on objections to nomination petitions for the Town's November 3, 2015 regular election no later than the 18th day prior to the day of election. Section 7. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 8. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of July, 2015 and a public hearing for second reading of this Ordinance set f e 21St day of July, 2015, in the Council Chambers of the Vail Municipal Building, d, olorado. P. Daly(Mayor 2 7/2/2015 C:IPROGRAM FILES ()(86)INEEVIA.COMIDOCCONVERTERPROITEMPWVDC13DA7181F-E79D-4C92-87D9- B09CECA2C4EIVAILAGENDA.6626.1.2015 ELECTION-0070215.DOCX ATT C1 alb IV( c- Patty Mc nny, town Cl. READ AND APPR( this 21St day of July, 2015. ��IN Op SEAL ►bY1�•�NH��A ON SECONDR=ING AND ORDERED PUBLISHED Andrew P. Daly, or 3 7/2/2015 C:IPROGRAM FILES (X86)INEEVIA.COMIDOCCONVERTERPROITEMPWVDC13DA7181F-E79D-4C92-87D9- B09CECA2C4EIVAILAGENDA.6626.1.2015 ELECTION-0070215.DOCX