City Council Study Session Agenda and Packet 2019 11 12

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CHAPTER TWO: THE GOVERNING BODY CITY COUNCILS AND TOWN BOARDS A majority of Colorado's statutory towns and statutory cities are organized under the "mayor —board" (towns) or "mayor —council" (cities) form of government, in which the mayor is elected by popular vote. While all statutory towns must be organized under the mayor —board form of government, statutory cities may organize themselves as "council—manager" cities.15 In addition, statutory cities may choose to organize either with or without a popularly elected mayor. These options are discussed further in the mayor and council—manager sections of this chapter. Statutory towns are governed by a body called the "board of trustees," while statutory cities are governed by a "city council." References to a "governing body" in this handbook are meant to apply equally to city councils and town boards of trustees, unless specifically noted to the contrary. MAYORS Qualifications to serve. Colorado statutes provide that to hold the office of mayor in a statutory town or city, a person must be a registered elector of that municipality, a resident within the town or city for at least 12 consecutive months before the date of election, and at least 18 years old on the date of the election.16 Candidacy and election. A qualified person who wants to become a candidate for the office of mayor must have filed a petition for nomination with the municipal clerk no later than 71 days before the election." The petition may only be circulated between and including the 91st and 71st days before Election Day.18 Petitions with nonconforming signatures may be amended by the addition of valid elector signatures any time up to 63 days before the election.19 In statutory city elections that are "coordinated" and run by the county clerk, signature deficiencies must be "cured" at any time before the 67th day prior to the election.21 The petition must contain a written affidavit of the candidate swearing that the candidate satisfies the legal requirements for holding office and accepting the nomination, as well as the candidate's name or nickname (exclusive of professional designations) and address.21 Petitions for the nomination of mayors in statutory towns must contain at least 10 valid addresses and signatures of currently registered municipal voters, while petitions in statutory cities must contain at least 25 such signatures.22 The mayoral candidate who receives a plurality of the votes, that is the greatest number of votes cast, is elected.21 For example, in a three-way race between X, Y, and Z, with X receiving 33 percent of the votes cast, Y receiving 35 percent of the votes, and Z receiving 32 percent of the votes, Y, having received the greatest number of votes or a plurality, is elected. It is possible for a person to be elected mayor by a sufficient number of write-in votes. Write-in votes will not be counted unless the write-in candidate previously filed with the city or town clerk an "affidavit of intent" stating his or her qualifications, as well as a desire to be elected. The affidavit of intent must be filed on or before the 67th day before a primary election, or the 110th day before any other election. In a nonpartisan election the affidavit of intent must be filed on or before the 64th day before the election.24 However, municipalities may adopt an ordinance that requires a write-in candidate to file an affidavit of intent within 64 days before the election.21 15 C.R.S. § 31-4-201. 16 C.R.S. § 31-10-301. 17 C.R.S. § 31-10-302(6). 18 C.R.S. § 31-10-302(2). 19 C.R.S. § 31-10-302(4). 20 See C.R.S. § 1-4-805; see also CIVIL, The Election Book. 21 C.R.S. § 31-10-302(6). 22 C.R.S. § 31-10-302(2). 23 C.R.S. § 31-4-207(2). 24 C.R.S. § 1-4-1102; see also CIVIL, The Election Book. 25 C.R.S. § 31-10-306. Heather Balser / City of Louisville Order# 42201 /RrderDate: to/svzol9 Copyright by CNII. COLORADO MUNCIPAL GOVERNMENT. AN INTRODUCTION Copy