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
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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
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Patty Mc nny, town Cl.
READ AND APPR(
this 21St day of July, 2015.
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ON SECONDR=ING AND ORDERED PUBLISHED
Andrew P. Daly, or
3 7/2/2015
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