City Council Study Session Agenda and Packet 2019 11 12

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The Colorado Municipal Election Code of 1965 governs the conduct of municipal elections,15 except those conducted by mail ballot or in concert with other jurisdictions as coordinated elections.1' While much of the responsibility for the conduct of a municipality's election rests with the city clerk, the governing body also has a number of important responsibilities that are independent of those of the clerk. As an initial matter, the city council must divide the city into as many municipal election precincts as it may deem expedient for the convenience of the voters. Municipal precincts must consist of one or more whole general election (county) precincts wherever practicable. By statute, changes in the boundaries of election precincts or the creation of new election precincts must be completed, by resolution, at least 90 days prior to any election, except in cases of precinct changes resulting from annexations. The council or board also must change any polling place upon petition of a majority of the registered electors residing within the precinct. Both precinct boundaries and voting places remain the same until actively changed, so that they need not be redesignated for each election."' The council (or the city clerk if the council has by resolution delegated to the clerk the authority and responsibility therefore) must appoint the election judges at least 15 days before each city election. At least three election judges and such additional judges as deemed necessary shall be appointed."$ Other council responsibilities include providing materials and equipment for the conduct of elections19 and, if voting machines or electronic voting systems are to be used, their use must be authorized specifically by the city council.110 For more information on regular, special, and coordinated elections, readers should refer to CML's publication The Election Book. For more information on TABOR, see CML's publication, TABOR: A Guide to the Taxpayer's Bill of Rights. Political party participation. The Municipal Election Code requires that all candidates for municipal office shall be nominated by petition without regard to political party affiliation."' The clerk is then responsible for prescribing the order, by lot, in which the candidates' names appear on the ballot under the designation of each office.182 While these requirements cannot prevent behind the scenes political party activity, most municipal elections in Colorado are considered to be uniquely nonpartisan in contrast to state and federal elections. ESTABLISHING ADMINISTRATIVE MACHINERY TYPES OF ADMINISTRATIVE ORGANIZATION Administration of municipal affairs may be carried out by the mayor, appointed administrative officers, or by the governing body. More common is a combination of the three — sometimes supplemented by the use of special boards and advisory committees. The mayor as chief administrator. In municipalities without a town administrator or city manager, it may be the mayor who hires and fires employees, orders supplies, and checks to see that the streets are cleaned, potholes repaired, and park lawns watered. In these municipalities, department heads may report directly to the mayor — not to the governing body — and the mayor may meet with the department heads at times other than at meetings of the governing body. In Colorado, this is not a common form of municipal administration. Appointed administrative officers. In many municipalities, execution of municipal business rests almost solely with the town administrator or city manager. Where there is no town administrator or city manager, municipal administrative responsibility often is divided among independent department heads and other officials. Each department head supervises department employees and activities and reports to the governing body. Approval is necessary before undertaking new projects, and each department concentrates on activities directed by the governing body or of special interest to the department head. If no one person is responsible for municipal administration, uncoordinated and inefficient administration is likely to occur. As a result, an increasing number of Colorado municipalities have provided by ordinance for the position of 175 C.R.S. §§ 31-10-101 et seq. 176 See C.R.S. § 1-1-102. 177 See generally, C.R.S. § 31-10-502. 178 See generally, C.R.S. §§ 31-10-401 et seq. 179 C.R.S. § 31-10-504. 180 C.R.S. §§ 31-10-701, 801. 181 C.R.S. § 31-10-302(1). 182 C.R.S. § 31-10-902(2). Heather Balser / City of Louisville Order # 42201 / Qrder Date: 10/31/2019 Copyright by C COLORADO MUNCIPAL GOVERNMENT.' AN INTRODUCTION