HomeMy WebLinkAboutordinance.council.030-18 ORDINANCE NO.30
(SERIES OF 2018)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING
THE MUNICIPAL CODE OF THE CITY OF ASPEN BY AMENDING TITLE 9, ELECTIONS, OF
THE MUNICIPAL CODE
WHEREAS,Article XX, Section 6(d)of the Colorado State Constitution grants to Home Rule
municipalities the power to legislate in"all matters pertaining to municipal elections,"and,
WHEREAS,The City of Aspen is a Home Rule municipality having adopted a home rule in
accordance with the Colorado Constitution;and,
WHEREAS, Section 2.1 of the City of Aspen Home Rule Charter states that all"City elections
shall be governed by the Colorado Municipal Election Laws as now existing or hereafter amended or
modified except as otherwise provided by this Chapter,or by ordinance hereafter enacted;"and,
WHEREAS,the Election Commission has considered and recommends minor amendments to
Title 9,
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN,COLORADO:
Section 1.
That Section 9.10.160(a)Mail Ballot Elections of the Municipal Code be amended to read as follows:
Any nominating petition in a mail ballot election may be circulated and signed beginning on the ninety-
first day prior to the election and must be filed with the municipal clerk no later than the close of business
on the seventy-first day prior to the election. The petition may be amended to correct or replace
signatures that the clerk finds are not in apparent conformity with the requirements of the Colorado
Municipal Election Code by filing such changes by no later than the close of business on the sixth day
following the petition deadline.
Section 7. Administrative Corrections.
Any scrivener's errors contained in the code amendments herein,including but not limited to mislabeled
subsections or titles,may be corrected administratively following adoption of the Ordinance.
Section 8. Effect Upon Existing Litigation.
This ordinance shall not effect any existing litigation and shall not operate as an abatement of any action
or proceeding now pending under or by virtue of the ordinance s repealed or amended as herein provided,
and the same shall be conducted and concluded under such prior ordinances.
Section 9. Severability.
If any section,subsection,sentence,clause,phrase,or portion of this ordinance is for any reason held
invalid or unconstitutional in a court of competent jurisdiction,such portion shall be deemed a separate,
distinct and independent provision and shall not affect the validity of the remaining portions thereof.
Section 10. Effective Date.
In accordance with Section 4.9 of the City of Aspen Home Rule Charter,this ordinance shall become
effective thirty(30)days following final passage.
Section 11: Approval Notice.
A public hearing on this ordinance shall be held on the 12th day of November,2018,at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers,Aspen City Hall,Aspen,
Colorado,a minimum of 7 days prior to which hearing a public notice of the same shall be published in a
newspaper of general circulation within the City of Aspen.
INTRODUCED,READ,AND ORDERED PUBLISHED as provided by law,by the City Council of
the City of Aspen on the 22nd day of October,2018.
Attest:
Linda Manning,City Clerk Steven Skadr n,Mayor
FINALLY,adopted,passed and approved this 12th day of November,2018.
Attest:
Linda Manning,City Clerk Steven Skad n,Mayor
Approved as to form:
Jdn'es R. True,City Attorney