CITY OF GRAND JUNCTION

ORDINANCE NO. 3869

AN ORDINANCE AMENDING THE COLORADO MUNICIPAL ELECTION CODE OF 1965, IN THE CITY OF GRAND JUNCTION CONCERNING THE CIRCULATION OF NOMINATION PETITIONS

Recitals.

The City of Grand Junction is a home rule municipality, established by Charter in 1909. Article XX of the Colorado Constitution confers upon home rule cities the power over all matters pertaining to municipal elections.

The City of Grand Junction has adopted the “Colorado Municipal Election Code of 1965” by reference (hereinafter “Election Code”).

The Charter of the City of Grand Junction does not address when nomination petitions shall be available to municipal candidates nor the period of time a candidate may circulate such petitions. The Charter also does not establish a period of time for amending insufficient nomination petitions.

The Election Code establishes such time periods but does not allow sufficient time in advance of the printing mail ballots when the City is conducting a mail ballot election.

Mesa County Clerk and Recorder, as the contractor for conducting a mail ballot election, requires the content of the ballot be certified to them no later than sixty days prior to the election.

Until the enactment of House Bill 04-1430, municipalities were authorized to use the time frames established in the Uniform Election Code, 1-4-805, C.R.S., in lieu of the much shortened time frames in the Municipal Election Code. Without this ordinance, the shorter Municipal Election Code timelines are controlling.

NOW, THEREFORE, BE IT ORDAINED THAT:

Chapter 14 of the Grand Junction Municipal Code is hereby amended by the addition of Section 14-2 to read as follows: (Additions are in all caps; deletions are shown by strike-through)

Sec. 14-2 Amendments to the Colorado Municipal Election Code of 1965 (as made applicative to elections in the City of Grand Junction).

1.  31-10-302 (2) Nomination petitions may be circulated and signed beginning on the NINETY-FIRST day and ending of the SEVENTY-FIRST day prior to the day of the election. AS PROVIDED IN THE CITY CHARTER, EACH PETITION SHALL BE SIGNED BY NOT LESS THAN FIFTY REGISTERED ELECTORS OF THE CITY.

2.  The last sentence of 31-10-302 (4) shall be amended to read:

 Any petition may be amended to correct or replace those signatures which the clerk finds are not in apparent conformity with the requirement of this section at any time prior to SIXTY-SEVEN days before the day of the election.

Introduced on first reading this 15^th day of February, 2006

Adopted on second reading and ordered published this 1^st day of

March, 2006.

           /s/: Bruce Hill

           President of the Council

ATTEST:

/s/: Stephanie Tuin

City Clerk