HomeMy WebLinkAboutordinance.council.012-87 ORDINANCE NO. I~-- (Series of 1987)
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 CITY CLERK BY THE PERSON WHOSE NAME IS WRITTEN IN
PRIOR TO FIVE (5) DAYS BEFORE THE DATE OF THE ELECTION INDICATING
THAT SUCH PERSON DESIRES THE OFFICE AND IS QUALIFIED TO ASSUME
THE DUTIES OF THAT OFFICE IF ELECTED; AND FURTHER, PROVIDING FOR
THE CANCELLATION OF ELECTIONS BY THE CITY COUNCIL IF THE ONLY
MATTER BEFORE THE VOTERS IS THE ELECTION OF PERSONS TO OFFICE AND
IF, AT THE CLOSE OF BUSINESS ON THE FRIDAY BEFORE THE ELECTION,
THERE ARE NOT MORE CANDIDATES THAN OFFICES TO BE FILLED AT SUCH
ELECTION, INCLUDING CANDIDATES FILING AFFIDAVITS OF INTENT
WHEREAS, pursuant to Section 2.1 of the Charter of the City
of Aspen, Colorado, the Colorado Election Law of 1965 (i.e.
Section 31-10-301, et seq.) and its amendments, has been adopted
to govern elections in the City of Aspen; and
WHEREAS, Section 31-10-306, C.R.S., allows the governing
body of a municipality to provide by ordinance that no write-in
vote for any municipal office shall be counted unless an affi-
davit of intent has been filed with the City Clerk by the person
whose name is written in prior to five (5) days before the day of
the election indicating that such person desires the office and
is qualified to assume the duties of that office if elected; and
WHEREAS, Section 31-10-507, C.R.S., allows the governing
body of a municipality, in connection with an ordinance providing
for write-in votes as hereinabove stated, to provide that if the
only matter before the voters is the election of persons to
office, and if, at the close of business on the Friday before the
election, there are not more candidates than offices to be filled
at such election, including candidates filing affidavits of
intent, the City Clerk shall certify such fact to the City
Council and it shall hold a meeting and may cancel the election
and by resolution declare the candidates elected; and
WHEREAS, the City Council has determined that adoption of
this ordinance, as allowed by the Colorado Municipal Election Law
of 1965 as hereinabove stated, will minimize the length of time
for processing the ballots for counting and afford convenience to
the voters;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That pursuant to Section 31-10-306, C.R.S., no write-in vote
for any municipal office shall be counted unless an affidavit of
intent has been filed with the City Clerk by the person whose
name is written in prior to five (5) days before the day of the
election indicating that such person desires the office and is
qualified to assume the duties of that office if elected.
Section 2
That in accordance with Section 31-10-507, C.R.S., if the
only matter before the voters is the election of persons to
office, and if, at the close of business on the Friday before the
election, there are not more candidates than offices to be filled
at such election, including candidates filing affidavits of
2
intent, the City Clerk shall certify such fact to the City
Council, and it shall hold a meeting and may cancel the election
and by resolution declare the candidates elected. Upon such
declaration, the candidates shall be deemed elected. Notice of
such cancellation shall be published, if possible, in order to
inform the electors of the city of Aspen, and notice of such
cancellation shall be posted at each polling place and in not
less than one other public place.
Section 2
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 3
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinances in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinance.
Section 4
A public hearing on the ordinance shall be held on the
day of , 1987, in the City Council
Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
the City Council of the City of Aspen on the day of
, 1987.
William L. stirling, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this day of
, 1987.
William L. stirling, Mayor
ATTEST:
Kathryn S. Koch, City Clerk