City Council Study Session Agenda and Packet 2019 11 12

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Referred ordinances. The "referendum" process provides citizens with a "final say" on any certain ordinances that they may feel to be of questionable merit. Through the power of referendum, the citizens, by petition, may demand that an ordinance or part of an ordinance be repealed. If the governing body fails to repeal the ordinance, it must then refer the measure to a popular vote of the entire municipal electorate.112 A referendum election is required when a proper referendum petition is filed with the clerk and the governing body refuses to repeal the ordinance in question upon reconsideration. Sufficient petitions must be signed by at least 5 percent of the total number of the city's registered electors who were registered on the date of the final publication of the ordinance, and filed within the 30 days following this final publication.163 Such a filing, automatically suspends the ordinance from taking effect.114 Once filed, the clerk's duty is to then evaluate the petition for sufficiency. The signature requirements for a referendum petition are the same as those for an initiative petition.161 If the clerk finds that the petition is insufficient, or if the petition is declared insufficient after a protest,"' the ordinance will become effective unless otherwise provided therein.16' However, if the clerk finds the petition sufficient and the ordinance is not repealed by the governing body upon reconsideration, the ordinance must be placed on the ballot at a regular or special election held at least 60 days but not more than 150 days after the petition is finally determined to be sufficient.166 As with initiatives, there are many statutory requirements that govern the referendum process. It is strongly recommended that legal counsel be consulted for guidance in connection with any proposed referendum. MUNICIPAL ELECTIONS REQUIREMENTS AND PROCEDURES In cities, regular municipal elections for the purposes of selecting mayors, councilmembers, clerks, treasurers, and any other elected city officials, are scheduled by state law and are held on the first Tuesday of November during each odd -numbered year. In towns, these regular elections are held on the first Tuesday of April in each even - numbered year.169 Colorado's cities and towns may submit to its registered electors a ballot question to change the regular election date to the first Tuesday in November of each odd -numbered year, or the first Tuesday in November in each even -numbered year.170 Additional elections, referred to as "special elections," may be held on any Tuesday designated by ordinance or resolution of the governing body. Special elections may be held for initiative and referendum elections or other public questions or proposals.171 The Taxpayer's Bill of Rights (TABOR — art. X, sec. 20 of the Colorado Constitution) sets certain limits on the election dates for various fiscal issues covered by TABOR.172 TABOR "ballot issues" may be submitted to the voters only on three specific election dates.173 These dates are: the local government biennial election date, the state general election date, and the first Tuesday in November of odd -numbered years. Unless a mail ballot is used, regular and special elections held in November involving entities with overlapping boundaries are generally required to conduct coordinated elections under the direction of the county clerk.174 162 C.R.S. § 31-11-105. 163 C.R.S. § 31-11-105(2). 164 C.R.S. § 31-11-105(3). 165 C.R.S. § 31-11-108. 166 An initiative or a referendum petition may be protested within 40 days of its filing by any registered elector, in which case a public hearing must be held on the protest not less than five and not more that 10 days after notice of the hearing is given by the clerk. 167 C.R.S. § 31-11-105(3); see also C.R.S. §§ 31-11-108-110 (criteria of sufficiency and protest). 168 C.R.S. § 31-11-105(4). 169 C.R.S. § 31-1-101(10)(a). 170 C.R.S. § 31-10-109(1)(a). 171 C.R.S. § 31-10-108, C.R.S. § 31-1-101(11). 172 COLO. CONST. art. X, § 20. 173 COLO. CONST. art. X, § 20(3). The General Assembly has defined "ballot issue" for the purposes of TABOR as including tax, spending, and debt matters. See also, C.R.S. §§ 1-41-101 et seq.; Zaner v. City of Brighton, 917 P.2d 280 (Colo. 1996). 174 See C.R.S. § 1-7-116(a). Heather Balser / City of Louisville Order #4zzov CQ 36R!!Xb&�UNICIPAL LEAGUE 19 opyright by C