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HomeMy WebLinkAbout2015-11 Amending Chapter 8 of Title 1 Regarding Write-In Candidates for Town OfficesORDINANCE NO. 11 SERIES 2015 AN ORDINANCE AMENDING CHAPTER 8 OF TITLE 1 OF THE VAIL TOWN CODE, REGARDING WRITE-IN CANDIDATES FOR TOWN OFFICES WHEREAS, pursuant to the Colorado Municipal Election Code and specifically C.R.S. § 31-10-306, the Town Council is authorized to adopt an ordinance providing that no write-in vote for any municipal office shall be counted unless an affidavit of intent has been filed with the Town Clerk prior to 20 days (at least 21 days) before the date of an election; and WHEREAS, the Town Council finds it in the best interests of the public health, safety and welfare to adopt such an ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The title of Chapter 8 of Title 1 of the Vail Town Code is hereby renamed to be "Elections." Section 2. Chapter 8 of Title 1 of the Vail Town Code is hereby amended by the addition of the following new Section 1-8-3: 1-8-3: WRITE-IN CANDIDATES: In any non -coordinated polling place election conducted under the Colorado Municipal Election Code, C.R.S. § 31-10-101, et seq., no write-in vote for any Town office shall be counted unless an affidavit of intent has been filed with the Town Clerk at least 21 days before the date of the election by the person whose name is to be written in. The affidavit shall be on a form provided by the Town Clerk, and shall state that such person desires the office and is qualified to assume the duties of the office if elected. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect 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 4. 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. Ordinance No. 11, Series of 2015 Section 5. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1st day of September, 2015 and a public hearing for second reading of this Ordinance set for the 15th day of September, 2015, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: 'SEAL Patty,Aei(�nny, Town Andrew P. Daly, yor A APP th VED ON SECOND READING AND ORDERED PUBLISHED this 15th day of Sep—femi5er, 2015. Andrew P. Dal , ayo ATTEST nny, Town erk � L Co(4��,J4-'DO, Ordinance No. 11, Series of 2015 2