Petition for Charter Amendment
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- Eileen Greer
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1 Petition for Charter Amendment Information Packet published August 14, 2012 Debra Johnson Clerk and Recorder
2 Table of Contents Letter to Electors...2 Requirements for Charter Amendment Petitions...3 Step 1: Submit Proposed Amendment to City Council... 3 Step 2: Review and Comment Hearing... 4 Step 3: Submit Petition Materials to Elections Division... 4 Step 4: Elections Division Review... 7 Step 5: Print and Circulate Petitions... 7 Step 6: File Completed Petitions... 9 Step 7: Determination of Sufficiency... 9 Step 8: Protest and Hearing Step 9: Transmittal to City Council Step 10: Campaign Finance Requirements Step 11: Stay Informed Attachments...13 Sample Statement of Intent Sample Instructions to Circulators Sample Warning & Committee Page Sample Signature Page Sample Affidavit of Circulator Candidate and Campaign Contact Sheet References...19 Selected Clerk and Recorder Election Rules Selected Denver City Charter Provisions Selected Denver Revised Municipal Code Provisions Selected Colorado Constitution Provisions Selected Colorado Revised Statutes Provisions Useful Websites Denver Elections Division Charter Amendment Information Packet DCR1000 rev.08/14/2012
3 OFFICE OF THE CLERK AND RECORDER ELECTIONS DIVISION Amber F. McReynolds, Director To: Electors, City and County of Denver From: Denver Elections Division Date: August 14, 2012 Re: Petition for Charter Amendment Debra Johnson Clerk and Recorder Public Trustee This information packet was prepared to serve the electors of the City and County of Denver as a general guide concerning the filing of petitions to amend the Denver Charter. The material in this packet generally describes the procedures required, as a courtesy and convenience for citizens. It is not meant to be a substitute for the laws and rules governing this topic. Also, petitioners are advised that legal provisions are subject to amendment from time to time and the most recent versions should be consulted. Please note that the forms and documents provided here are neither exclusive nor all-inclusive. It is the sole and entire responsibility of the persons seeking to initiate a Charter amendment to comply with any and all applicable state and local laws, statutes, ordinances, rules and policies in order to place a Charter amendment on the ballot. The provisions of Sections and of the Charter of the City and County of Denver (Charter), Section 15-3 of the Denver Revised Municipal Code (D.R.M.C.), Section 9 of Article XX of the Colorado Constitution, Colorado Revised Statutes (C.R.S.) (5)(a), through , and Clerk and Recorder Election Rule 8 govern Charter amendment procedures. These provisions are included in the References section of this packet. Statutory deadlines governing the amount of time necessary to submit a completed petition for a Charter amendment are often triggered when certain actions have occurred. Therefore, the petition process requires particular coordination of several statutory provisions and the specific time frame to submit a completed petition for a Charter amendment is determined on a case by case basis. If, after reading this information packet and reviewing all applicable laws and rules, you have questions about Denver Elections Division procedures regarding the petition process, contact the Clerk and Recorder Communications Office, , electionscomm@denvergov.org. If, however, you require advice or an interpretation concerning legal requirements, we suggest that you contact a private attorney. The Office of the Clerk and Recorder cannot and will not provide legal advice. An electronic version of this packet may be found on the Elections Division s website at Back to TOC 2
4 Requirements for Charter Amendment Petitions The Charter of the City and County of Denver provides that the people of Denver have the right to amend the Charter. This is achieved through the petition process. A petition for a Charter amendment may be filed at any time. However, please be aware that this process is subject to time-sensitive procedures and requirements. Anyone interested in petitioning for a Charter amendment is advised to carefully review the time restrictions contained in all applicable legal provisions. It is not the intention of the City and County of Denver to limit or abridge in any manner any rights of the citizens but rather to properly safeguard, protect and preserve for municipal electors uniform procedures to amend the Charter through the petition process. Listed below are the steps citizens must take to propose and enact Denver Charter amendments. Step 1 Submit Proposed Amendment to City Council The proponents of the Charter amendment must submit a typed draft of the text of the amendment to the Executive Director of City Council and to the City Attorney for review and comment (See Charter and C&R Election Rule 8.1). The contacts are: Executive Director of City Council 1437 Bannock Street, Room 451 Denver, CO City Attorney, c/o Mr. David Broadwell Denver City Attorney s Office 1437 Bannock Street, Room 353 Denver, CO Petitioners are encouraged to write such drafts in plain, non-technical language and in a clear and coherent manner using words with common, everyday meanings that are understandable to the average reader. To the extent possible, drafts are to be worded with simplicity and clarity and so that the effect of the measure will not be misleading or likely to cause confusion among voters (see D.R.M.C. 15-3(a) through (c) and C&R Election Rule 8.2.4). The draft shall not present the issue to be decided such that: a vote for the measure would be a vote against the proposition or viewpoint that the voter believes that he or she is casting a vote for; or conversely that a vote against the measure would be a vote for a proposition or viewpoint that the voter is against. Note: For more specific information about submitting a proposed amendment for review by the Executive Director of City Council and the City Attorney, please contact those offices. Back to TOC 3
5 Step 2 Review and Comment Hearing No later than ten days after the date of submission of the original draft, unless it is withdrawn by the proponents, the Executive Director of City Council and the City Attorney will render their comments to the petitioners concerning the format or contents of the proposed Charter amendment at a meeting open to the public. Where appropriate, such comments will also contain suggested editorial changes to promote compliance with the plain language provisions. (See D.R.M.C. 15-3(a) and C&R Election Rule ) After the public meeting, the petitioners may amend the text in response to some or all of the comments of the Executive Director of City Council and the City Attorney. If any substantial amendment is made to the text, the amended text must be resubmitted to the Executive Director and the City Attorney for comments. If neither have additional comments concerning the amended text, they may so notify the petitioners in writing. In such case, a hearing on the amended text is not required. (See D.R.M.C. 15-3(b).) After the public meeting(s), the Executive Director of City Council and the City Attorney will jointly submit to the petitioners and to the Elections Division a written notice, including a copy of the reviewed text or amended text, certifying compliance with this requirement. (See D.R.M.C. 15-3(d) and C&R Election Rule 8.1.) Note: The Elections Division will not accept any affidavit or notice of intent from petitioners unless accompanied by a certification notice from the Executive Director of City Council and the City Attorney. (See C&R Election Rule 8.1.) Step 3 Submit Petition Materials to Elections Division Petitioners must submit the following items to the Elections Division for review and approval: 1. Completed and notarized Statement of Intent. It must contain: the signatures of five registered Denver electors; the names, addresses and telephone numbers of each of the five committee members; the designation of one committee member to serve as the primary contact, along with that member s address; and, a mailing address to which notices will be sent. A sample Statement of Intent is included in the attachments of this information packet, and may be photocopied for use. In addition, please provide an address for the primary contact to facilitate routine communications, and the date of birth for each committee member to facilitate lookup in the Back to TOC 4
6 voter registration database. This information does not need to be on the Statement of Intent itself, which will become a public document. (See C&R Election Rule 8.3) 2. Sample petition section. The required components of the sample petition section include the following items: a. instructions to circulators b. warning to petition signers c. the names and addresses of petitioners committee members d. full text of the proposed Charter amendment e. statement whether the proposal is to be submitted at the next regular election or at a special election (see note below). If a special election, the petition must state the approximate date for the special election. (See C.R.S (1)(a)(II) and C&R Election Rule ) f. signature pages, and g. an Affidavit of Circulator. (See C&R Election Rule 8.4.) Tip: Samples of all petition pages described here can be found in the attachments of this information packet, including numbering formats. These forms may be photocopied or adapted for use by petitioners. The petition pages must: be printed on 8½ by 11-inch paper have a 2-inch top margin for binding have ruled signature lines be printed in plain block letters. (See C.R.S (1) and C&R Election Rule 8.4.) Assemble the sample petition section in the following order: 1. The top sheet of the petition is the Instructions to Circulators. An area in the top right-hand corner must be designated for numbering each petition section with a consecutive 4-digit number. The number may be printed by a printer, hand-stamped with a manual stamp or legibly handwritten. 2. The next page must contain: a. the required warning to voters in plain, bold, red lettering no smaller than 10-point type size, b. the names and addresses of at least three and no more than five registered electors from the petitioners committee, Back to TOC 5
7 c. the full text of the proposal (Note: if the full text does not fit on this sheet, it can be attached as the next sheet), and d. the proposed date of the election, and whether it is a regular or special election. Note: For the purpose of a Denver Charter amendment, the term regular election has a very specific definition. See Step 5 for more information. This sheet is to be followed by signature pages. 1. The top of every signature page must contain the required warning to voters in plain, bold, red lettering. 2. The Elections Division suggests that a petition section include space for 100 signatures with 10 signatures per page if possible. 3. There are two sets of numbering required on signature pages: a. Each signature page within a petition section is to be consecutively numbered from 1 to 10 at the bottom of the page. The numbers may be printed by a printer, hand-stamped with a manual stamp or legibly handwritten. b. Each ruled signature line must be consecutively numbered on each page from 1 to 10. (See C&R Election Rule ) Each petition section must have an Affidavit of Circulator form attached after the signature pages. The affidavit must state: 1. the circulator s printed name and signature, 2. the circulator s permanent residential address, 3. the circulator s temporary Colorado address, if applicable, 4. the date the circulator signed the affidavit, 5. that the circulator was at least eighteen (18) years of age or older and a citizen of the United States at the time the petition section was circulated and signed by the listed electors, 6. that the circulator personally circulated the petition section, 7. that all signatures were signed in the circulator s presence, 8. that each signature is the signature of the person whose name it purports to be, 9. that to the best knowledge and belief of the circulator each signer was a registered voter at the time of signing, and 10. that the circulator has not paid, will not pay, nor permit payment of any kind to any signer for the purpose of obtaining a signature. (See C&R Election Rules and ) All sheets in a petition section are to be stapled together within a blue manuscript cover. Note: Petition samples and other initial documents must be submitted to the Denver Elections Division in paper form. No s or faxed copies will be accepted. Back to TOC 6
8 Step 4 Elections Division Review The Elections Division will accept or reject the sample petition and Statement of Intent for compliance within five working days. No petition may be circulated and no signatures may be obtained until the Elections Division approves the form of the materials submitted (see C&R Election Rule 8.5). Failure to comply with any and all styles and formats specified by the Elections Division, including but not limited to any requirements set forth in applicable provisions or procedures of the Charter, Denver Revised Municipal Code, Colorado Revised Statutes or Clerk and Recorder Election Rules may result in the rejection or invalidation of the petition sample or Statement of Intent. The Elections Division will issue to the petitioners a letter of acceptance or rejection of the materials. In the event of acceptance, the letter will provide petitioners with the exact number of valid signatures required to be collected on the completed petitions. In the event of rejection, the letter will provide findings specifying the defects. If the petitioners are not satisfied with the Elections Division s determination, petitioners may initiate legal proceedings with the appropriate court. (See C&R Election Rule ) Step 5 Print and Circulate Petitions After the Elections Division has approved the sample petition and Statement of Intent, the petitioners committee may print petitions for circulation using the approved format, and petition circulators may begin to collect signatures. Note: In assembling your printed petition sections, be aware that once a section is stapled together for use, it may not be altered or disassembled. Signed petition sections turned in to the Elections Division with evidence of disassembly will be rendered invalid. (See C&R Election Rule E.) Number of signatures to be obtained: A petition to submit a Charter amendment at the next regular election must be signed by at least five percent of the registered voters of Denver who were registered on the date of filing the Statement of Intent (see C&R Election Rule 8.2.1). A regular election is defined as the next regularly-scheduled General Municipal Election to be held on the first Tuesday in May of every odd-numbered year. Back to TOC 7
9 A petition to submit a Charter amendment at a special election must be signed by at least ten percent of the registered voters of Denver who were registered on the date of filing the Statement of Intent (see C&R Election Rule 8.2.2). A special election is defined as: a. any regularly scheduled citywide election other than the every-odd-year May municipal election, including municipal runoff elections; or b. any other approximate date for an election chosen by the amendment petitioners. Tip: Petitioners are strongly advised to collect well over the number of signatures required in the event that any signatures are rejected by the Elections Division. Each registered elector who signs a petition must provide: a signature and printed name, the elector s residence address, including street number and name, city and county, the date signed, and any other information required on the petition. (See C&R Election Rule ) Circulators of petitions must: follow the requirements outlined in Step 3, and see C&R Election Rule for the exact list of criteria. Unless physically unable, all signers of petitions must: print their own name, sign their own signature, print their residence address, including the street number and name, city or town, and county, print their year of birth (optional), and print the date of their signature. Each signature on a petition is to be made, to the extent possible, in ink. Note: Any person except a circulator may assist an elector who is has limited literacy or who is physically unable to sign the petition in completing the information on the signature lines. On the petition, immediately following the name of the elector requiring assistance, the person providing assistance must sign his or her name and state that the assistance was given to the elector (see C&R Election Rule 8.6.3). Failure to circulate petition sections and properly complete petition sections with required information, including but not limited to circulator affidavits, in accordance with applicable Back to TOC 8
10 provisions or procedures of the Charter, Denver Revised Municipal Code, Colorado Revised Statutes or Clerk and Recorder Election Rules may result in the rejection or invalidation of signatures or of any full petition section. Step 6 File Completed Petitions Before turning in a petition, be sure that: 1. Each petition section was circulated by only one circulator. 2. All petition sections remain completely assembled. (See first note under Step 5, above.) 3. The Affidavit of Circulator contained in each of the petition sections has been signed by the circulator who circulated that section and that the affidavit has been properly notarized. The Elections Division will not accept petition sections that do not include this required affidavit. 4. No additional signatures are added to a petition section after the Affidavit of Circulator has been notarized. A completed Charter amendment petition must be filed with the Elections Division no later than 90 days from the date of filing of the Statement of Intent, or on the next business day in the event the 90 th day is a Saturday, Sunday, legal holiday or other day when the city is closed for business (see C&R Election Rule 8.2.3). All petition sections must be filed at the same time, in original hard copy. No electronic submissions will be accepted. (See C&R Election Rule ) Note: The deadline to turn in the completed petition may be shortened by other deadlines. For example, petitions must be filed with the Elections Division at least ninety days prior to the date of election referred to in the petition (see C.R.S (1)(a)(III) and (IV)). Double-check your deadline with the Elections Division. When turning in your completed petition at the Elections Division, schedule 30 to 40 minutes for initial review and intake (or more time if you are turning in a very large number of petition sections). All sections will be counted and time stamped upon arrival. You will then be given a receipt for the number of petition sections you have turned in. Step 7 Determination of Sufficiency The Elections Division has 15 working days to determine whether the required number of registered electors has signed the petition (see C&R Election Rule 8.7.1). The Division will review and verify every signature on the petition against the voter registration database (see C&R Election Rule 8.7). Back to TOC 9
11 Tip: In C&R Election Rule 8.7, read carefully all criteria the Elections Division uses to verify completed petitions. Familiarity with this rule will help you avoid turning in petitions containing errors that could invalidate portions of your petition. If the Elections Division determines that the petition contains a sufficient number of signatures, a sufficiency letter will be sent to the petitioners. If the petition contains an insufficient number of valid signatures, the Elections Division will notify the petitioners. Petitioners may cure the insufficiency within 15 days of the issuance of the insufficiency notice by collecting more signatures (see C&R Election Rule 8.8.2). The amended petition may be resubmitted as an original petition. The Elections Division will then have 15 days following resubmittal to verify the additional signatures (see C.R.S (3) and C&R Election Rule C). Step 8 Protest and Hearing Any registered Denver voter may file a protest within 30 days of the filing of the completed petition. Protesters must set forth with particularity the grounds of such protest and the names protested. Protests must be notarized. (See C&R Election Rule 8.9.) In the event of a protest, the Elections Division will notify the petitioners and will set a date for a public hearing that is not less than five days nor more than 20 days from the mailing of the notification to petitioners. The Elections Division will certify the results of the hearing within 30 days of the hearing: If the petition is declared insufficient as to form or number of signatures as a result of the hearing, petitioners may withdraw the petition. An amended petition may be resubmitted as an original petition within 15 days of the insufficiency notice. The Elections Division will then have 15 days following resubmittal to verify any additional signatures (see C&R Election Rule C). If the protest is denied, the protester may file an amended protest within ten days of the denial. A second hearing will be scheduled and held under the same deadlines and rules as the original hearing. (See C.R.S (2).) Step 9 Transmittal to City Council Once the petition has been determined to be sufficient, the Elections Division will transmit the certification to City Council (see C.R.S (3)). If there is a protest and the protest is denied, the Elections Division will forward the petition to City Council immediately after hearings are complete and the petition declared sufficient. Back to TOC 10
12 City Council will set a ballot title at its next meeting and publish notice of the ballot proposal (see C.R.S (3), (4) and C&R Election Rule 8.10). If the proposal is to be voted on at a special election, City Council will schedule the election as close to the election date specified in the petition as possible (see C.R.S (4)). Step 10 Campaign Finance Requirements Committees advocating for or against Denver Charter amendments must comply with Article III, Section 15, D.R.M.C., concerning campaign finance. Be sure you are familiar with this ordinance and with Clerk and Recorder Election Rule 3, Campaign Finance. An information packet regarding Denver campaign finance filing requirements is available on the Elections Division website, All required campaign finance forms and reports must be filed within prescribed deadlines with the Elections Division through its online campaign finance filing system. Step 11 Stay Informed Please fill out the optional Candidate and Campaign Contact Sheet in the Attachments section of this packet and return it to the Elections Division. Your customer service contact is the Clerk and Recorder Communications Office, , electionscomm@denvergov.org. Please keep your daytime phone number(s) and address(es) current with the Communications Office. The Elections Division provides the following services: The website will contain important election information: o sample ballots; o historical election results; o district and precinct maps; o voter data on a login section of the website, updated daily during the voting period; and o a current list of voluntary campaign contact information that campaigns provide for that purpose on the Candidate and Campaign Contact Sheet (e.g. address, telephone number, campaign website, Facebook page, Twitter account, etc.). Occasional customer service alerts and information will be issued to campaign contacts via and Twitter. o The Elections Division Twitter account is You may sign up to receive election alerts and information by text message. o The Elections Division Facebook page is Like us and get more elections information. Back to TOC 11
13 The Elections Division is open to campaigns and the public on election night for as long as ballot counting continues. Ballot processing can be viewed through large windows in the building atrium at 200 W. 14th Ave., Denver, Colorado Back to TOC 12
14 Statement of Intent Petition for Denver Charter Amendment We, the undersigned registered electors of the City and County of Denver, Colorado, pursuant to C.R.S and C&R Election Rule 8.3 hereby file this Statement of Intent to circulate a petition for a Charter amendment. The following five (5) registered electors of the City and County of Denver hereby intend to circulate and will be responsible for circulating and filing the petition to amend the Denver Charter: Name (please print): Address: Day time phone: Signature: Name (please print): Date of birth: Address: Day time phone: Signature: Name (please print): Date of birth: Address: Day time phone: Signature: Name (please print): Date of birth: Address: Day time phone: Signature: Name (please print): Date of birth: Address: Day time phone: Signature: Date of birth: (Name and address of the primary contact for the Petitioners Committee) STATE OF COLORADO CITY AND COUNTY (Address to which notices will be sent) Subscribed and sworn to me on this day of, [SEAL] My commission expires: (Signature of Notary Public) DCR1001 rev.07/03/2012 Back to TOC 13
15 Instructions to Circulators Petition for Denver Charter Amendment 1. How To Circulate a Petition A. A Charter amendment petition may consist of multiple petition sections. There must only be one circulator for each petition section. B. Each petition section is bound in a blue manuscript cover and contains: A) an Instructions to Circulators page, B) statement whether this to be submitted to a regular or special election (with approximate date), C) name and address of at least three members of Petitioners Committee, D) several numbered Signature Pages that contain a Warning section at the top of each page, and E) an Affidavit of Circulator page. C. Read the Warning in this petition section to be aware of who may sign this petition and other legal restrictions on signers of this petition. D. A petition section may not be left unattended on a counter or desk for voters to sign. 2. Who May Sign a Petition A. Signers must be residents of the City and County of Denver and registered to vote in Denver. B. Circulators may not sign their own petition section. Notaries may not notarize a petition section they have signed. 3. How To Sign a Petition. Signers Must: A. Print clearly. B. Use blue or black ink. Do not use ditto marks ( ) to provide information on a signature line. C. Fill out every required field completely, date it and sign it in the presence of the circulator. D. Sign their own signature and print their own legal name in the same manner as the person is registered: last name, first name, and middle initial. A married woman should provide her own first name, not her husband s name. E. Use the residence address where they reside and are registered to vote, including street name and street number, city or town and county. Post office boxes may not be used as a place of residence. F. Place their initials on all minor corrections. If a major correction is required, the signer should cross out the entire pair of lines containing the error and use the next pair of blank lines. G. Not sign for another signer. However, any person except the circulator may assist a signer who has limited literacy or is physically unable to write the required information on the petition. The signer must make his or her mark in the signature space and the person giving assistance must provide their signature and a statement that assistance was given. This statement must be provided on the petition immediately following the name of the elector who received assistance. 4. What To Do After Petition Section is Completed A. Do not disassemble petition sections. If the original staples are removed, all names on the section are disqualified. B. A petition section does not have to be completely filled for the listed names to be valid. C. The Affidavit of Circulator must be properly signed and notarized. Do not sign or date your Affidavit of Circulator until in the presence of the notary. D. No additional signatures may be collected after the Affidavit of Circulator is notarized. Any subsequent signatures are invalid. E. All petition sections must be filed with the Elections Division at one time. DCR1004 rev.07/03//2012 Back to TOC 14
16 Warning and Committee Page Petition for Denver Charter Amendment WARNING: IT IS AGAINST THE LAW: For anyone to sign any petition with any name other than his or her own or to knowingly sign his or her name more than once for the same measure or to sign such petition when not a registered elector. DO NOT SIGN THIS PETITION UNLESS YOU ARE A REGISTERED ELECTOR IN THE CITY AND COUNTY OF DENVER: To be a registered elector, you must be: 1. At least eighteen years old. 2. A citizen of the United States. 3. A resident of the state of Colorado and have resided in the state at least thirty days. 4. A resident of the municipal election precinct in which you live for at least thirty days. 5. Registered to vote pursuant to part 2 of article 2 of title 1, Colorado Revised Statutes. Do not sign this petition unless you have read or had read to you the text of the proposal in its entirety and understand its meaning. Petitioners Representatives (no less than three nor more than five registered electors who represent the signers in all matters affecting this petition): Name: Address: Full text of proposed Charter Amendment (use separate sheet if necessary): The proposed Charter Amendment is sought to be submitted at: The next regular election on. Or: A special election with an approximate date of. (See C.R.S (1)(a)(III) & (IV) and (4).) DCR1002 rev.07/03//2012 Back to TOC 15
17 Signature Page Petition for Denver Charter Amendment WARNING: IT IS AGAINST THE LAW: For anyone to sign any petition with any name other than his or her own or to knowingly sign his or her name more than once for the same measure or to sign such petition when not a registered elector. DO NOT SIGN THIS PETITION UNLESS YOU ARE A REGISTERED ELECTOR IN THE CITY AND COUNTY OF DENVER: TO BE A REGISTERED ELECTOR, YOU MUST BE: 1. At least eighteen years old. 2. A citizen of the United States. 3. A resident of the state of Colorado and have resided in the state at least thirty days. 4. A resident of the municipal election precinct in which you live for at least thirty days. 5. Registered to vote pursuant to part 2 of article 2 of title 1, Colorado Revised Statutes. Do not sign this petition unless you have read or had read to you the text of the proposal in its entirety and understand its meaning Date: Last Name: First Name: MI: Year of Birth (Optional): Address Number, Street, Unit #: City/County: Signature: Date: Last Name: First Name: MI: Year of Birth (Optional): Address Number, Street, Unit #: City/County: Signature: Date: Last Name: First Name: MI: Year of Birth (Optional): Address Number, Street, Unit #: City/County: Signature: Date: Last Name: First Name: MI: Year of Birth (Optional): Address Number, Street, Unit #: City/County: Signature: Date: Last Name: First Name: MI: Year of Birth (Optional): Address Number, Street, Unit #: City/County: Signature: Date: Last Name: First Name: MI: Year of Birth (Optional): Address Number, Street, Unit #: City/County: Signature: Date: Last Name: First Name: MI: Year of Birth (Optional): Address Number, Street, Unit #: City/County: Signature: Date: Last Name: First Name: MI: Year of Birth (Optional): Address Number, Street, Unit #: City/County: Signature: Date: Last Name: First Name: MI: Year of Birth (Optional): Address Number, Street, Unit #: City/County: Signature: Date: Last Name: First Name: MI: Year of Birth (Optional): Address Number, Street, Unit #: City/County: Signature: DCR1005 rev.07/02//2012 Section 0001, Page 1 Back to TOC 16
18 Affidavit of Circulator Petition for Denver Charter Amendment I,, being duly sworn (Circulator s Printed Name) on oath depose and say that I was 18 years of age or older, and a citizen of the United States, at the time this petition section was circulated and signed by the listed electors; that I personally circulated this section of the petition; that each and every signature on this petition section was affixed in my presence; that each signature hereon is the signature of the person whose name it purports to be; that to the best of my knowledge and belief, each of the persons signing this petition section was at the time of signing a registered elector, and that I have not paid and will not in the future pay and that I believe that no other person has paid or will pay, directly or indirectly, any money or other thing of value to any signer for the purpose of inducing or causing the signer to affix the signer s signature to the petition. (Signature of Circulator) (Date) (Circulator s Permanent Residential Address) (Circulator s Temporary Colorado Residential Address, if applicable) STATE OF COLORADO CITY AND COUNTY Subscribed and sworn to me on this [SEAL] day of, My commission expires: (Signature of Notary Public) DCR1003 rev.07/03//2012 Back to TOC 17
19 Candidate and Campaign Contact Sheet Once the candidate or issue is certified for ballot, the contact information in the first section of this sheet will be posted on the Denver Elections Division website for the public. Candidate Name Or: Ballot Issue Ballot Issue Contact Name Campaign Phone Number Campaign Address Campaign Website Campaign Facebook Page Campaign Twitter Page Other Social Media Channel The information in the section below will be kept private and used only for official communication with the candidate or committee by the Office of the Clerk and Recorder. Candidate or Contact Name Daytime Phone Number Title Address Alternate Contact Name Daytime Phone Number Title Address Customer service contact for candidates and campaigns: Clerk and Recorder Communications Office Phone: DCR1402rev.07/02/2012 Back to TOC 18
20 Selected Clerk and Recorder Election Rules RULE 1. Definitions. (Enacted 6/06/12) 1.1 Interested Party An interested party is defined as: the candidate(s) who lost the election; any member of a petition committee for an initiated ordinance, Charter amendment, referendum, or recall of a city elected official that did not pass at the election; the governing body that referred a ballot question or ballot issue to the electorate if such ballot question or issue did not pass at the election; or the agent of an issue committee that is required to report contributions pursuant to Article III of Chapter 15 of the Denver Revised Municipal Code concerning campaign finances, that either supported or opposed the ballot issue or question. 1.2 Next Citywide Election For the purpose of a proposed initiated ordinance, recall or referendum, refers to state general, coordinated, and odd-year elections, and general municipal elections, but does not include state primary elections or municipal runoff elections unless a state primary election or municipal runoff election contains another citywide ballot measure or candidate race for which all registered electors of the City and County of Denver are eligible to vote Next Regular Election For the purpose of an amendment by petition to the Denver Charter, refers to the next regularly-scheduled general municipal election to be held on the first Tuesday in May of every odd-numbered year. 2 If any proposed petition for charter amendment is submitted at an election other than the next regular election, then such election will be a special election as set forth in Denver Charter Passage For the purpose of referendum petitions, refers to the ordinance effective date following final publication. 1.5 Qualified Elector Means a person who is a United States citizen, has attained the age of eighteen (18) years and has resided in the state of Colorado for at least thirty (30) days and is, therefore, qualified to register to vote in the City and County of Denver. 1.6 Registered Elector Means an elector who has complied with the applicable voter registration provisions and who resides within, and is eligible to vote in, the applicable jurisdiction. 1.7 Clerk and Recorder Means the chief elections officer of the City and County of Denver, or his or her designee. 3 For the purposes of these rules, any communications with or the filing or obtaining of any documents with the clerk and recorder shall mean that the communications with or 1 Charter 8.3.2(I), (C), (C), and (D) 2 Charter and See, also C.R.S (1)(a)(II). 3 Charter 8.1.2; C.R.S Back to TOC 19
21 documents to be filed shall be with the Denver Elections Division, 200 W. 14th Ave., Suite 100, Denver, Colorado RULE 2. Computation of Time. (Enacted 6/06/12) 2.1 Conduct of Municipal Elections. In computing time for any act to be done concerning conduct of any municipal election, the following rules will control: Calendar Days to be Used. Calendar days, unless otherwise provided, will be used in all computations of time made under the provisions of the Denver Charter, the Denver Revised Municipal Code or these Rules Days Included and Excluded. In computing any period of days prescribed by any applicable laws or rules, the day of the act or event from which the designated period of days begins to run will not be included and the last day will be included. Saturdays, Sundays, legal holidays, city furlough days, and days when the city is fully or partially closed for business will be included, except as provided in Rule below Computing Months. If a number of months is to be computed by counting the months from a particular day, the period will end on the same numerical day in the concluding month as the day of the month from which the computation is begun; except that, if there are not that many days in the concluding month, the counting period will end on the last day of the concluding month Deadlines on Non-Business Days. If the last day for any act to be done or the last day of any period is a Saturday, Sunday, a legal holiday, a city furlough day, or a day when the city is fully or partially closed for business and completion of such act involves a filing or other action during business hours, the period is extended to include the next day that is not a Saturday, Sunday, legal holiday, city furlough day, or day when the city is fully or partially closed for business Shortening of Time. If any applicable law or rule requires doing an act in not less than or no later than or at least a certain number of days or prior to a certain number of days or a certain number of months before the date of an election, or any phrase that suggests a similar meaning, the period is shortened to and ends on the prior business day that is not a Saturday, Sunday, legal holiday, city furlough day or day when the city is fully or partially closed for business, except that nothing in this subsection will modify the deadline to register to vote as provided in C.R.S (3). 2.2 Petitions for Initiative, Referendum, Recall, and Charter Amendment. In computing time for any act to be done regarding petitions for initiative, referendum, recall, or to amend the Denver Charter, the following rules will control: Calendar Days to be Used. Calendar days, unless otherwise provided, shall be used in all computations of time made under the provisions of the Denver Charter, the Denver Revised Municipal Code or these Rules Days Included and Excluded. In computing any period of days prescribed by any applicable laws or rules regarding an initiative, referendum, recall, or Charter amendment, the first day will be included and the last or election day will be excluded. Back to TOC 20
22 Except when computing business days, Saturdays, Sundays, legal holidays, city furlough days, and days when the city is fully or partially closed for business shall be included, except as provided in subsection below Computing Months. If a number of months is to be computed by counting the months from a particular day, the period will end on the same numerical day in the concluding month as the day of the month from which the computation is begun; except that, if there are not that many days in the concluding month, the counting period will end on the last day of the concluding month Deadlines on Non-Business Days. If the time for any act to be done or the last day for any act to be done is a Saturday, Sunday, legal holiday, city furlough day, or day when the city is fully or partially closed for business, the period is extended to include the next day that is not a Saturday, Sunday, legal holiday, city furlough day, or day when the city is fully or partially closed for business Deadlines on Business or Working Days. If the time for an act to be done under the Charter of the City and County of Denver and/or applicable statute is referred to in business or working days, the time shall be computed by excluding Saturdays, Sundays, legal holidays, city furlough days, and days when the city is fully or partially closed for business. RULE 8. Charter Amendment Petitions. (Enacted 6/06/12) 8.1 Certification of Compliance. Upon receipt of written notice from the director of the city council staff and the city attorney certifying the proponents compliance with the review and comment hearing requirement, the clerk and recorder may receive and act upon any affidavit or statement of intent commencing the initiation of a Charter amendment petition Petitions for Charter Amendment. No proposal for a Charter amendment shall be initiated within twelve (12) months after rejection of a substantially similar proposal at an election Placement on Ballot at Next Regular Election and Deadline. A petition to submit a Charter amendment at the next regular election must be signed by at least five (5) percent of the registered electors of the City and County of Denver registered on the date of the filing of the statement of intent and must be filed with the clerk and recorder at least ninety (90) days prior to the date of said election Placement on Ballot at Requested Special Election and Deadline. A petition to submit an amendment at a special election must be signed by at least ten (10) percent of the registered electors of the City and County of Denver registered on the date of filing the statement of intent and must be filed with the clerk and recorder at least ninety (90) days prior to the approximate date of the special election stated in the petition. 7 4 Charter 8.3.7, D.R.M.C C.R.S C.R.S (1)(a)(III) 7 C.R.S (1)(a)(IV) Back to TOC 21
23 8.2.3 Deadline to File Completed Petition. The petition for Charter amendment shall be circulated for a period not to exceed ninety (90) days from the date of filing of the statement of intent and shall be filed with the clerk and recorder before the close of business on the ninetieth (90 th ) day or on the next business day when said ninetieth day is a Saturday, Sunday or legal holiday Ballot Text. Any petition for a Charter amendment shall specify in full the text of the amendment, which shall be true and impartial and shall not be an argument, nor likely to create bias, either for or against the measure Petitioners Committee. Proceedings for a Charter amendment may be commenced by filing with the clerk and recorder a statement of intent to circulate a petition, signed by at least five (5) registered electors of the City and County of Denver Statement of Intent and Petitioners Committee. The statement of intent shall contain the notarized signatures of each member of the petitioners committee; shall state the names, addresses and telephone numbers of each member of the petitioners committee and an address to which notices to the committee will be sent; and shall specify one member of the committee to serve as primary contact. Contact information for the primary contact should include an address Sample Petition. The petitioners committee must append to any affidavit a sample petition form in the style and format that complies with the Charter of the City and County of Denver, state statute, and the requirements of the clerk and recorder Form of Petition. The form of petitions for Charter amendment may consist of multiple petition sections. Each section is to consist of multiple sheets fastened together with a blue manuscript cover. Each section must have a consecutive four-digit number. 12 The number may be printed by a printer, hand-stamped with a manual stamp or legibly handwritten. The order of components of each petition section must be: 1) instructions to circulators; 2) warning to petition signers; 3) name and address of not less than three nor more than five registered electors who shall represent the signers of the petition in all matters; 4) statement whether proposed amendment is sought to be submitted at the next regular election or at a special election. If the amendment is sought to be submitted at a special election, the petition shall state an approximate date for such a special election; 5) full text of Charter amendment; 6) signature pages, and 7) affidavit of circulator Instructions to Circulators. The Instructions to Circulators must be in substantial compliance with the sample instructions to circulators contained in any Charter amendment information packet that may be obtained from the clerk and recorder Signature Pages. To each petition section must be attached Signature Pages that must be in substantial compliance with the sample signature page contained in 8 C.R.S (1)(a)(I) 9 D.R.M.C. 15-3(c) 10 C.R.S (1)(a)(I) 11 C.R.S (1) 12 C.R.S (1) 13 C.R.S (1)(a)(II), , , (1), Back to TOC 22
24 any Charter amendment information packet that may be obtained from the clerk and recorder. A. Warning. At the top of each signature page of every Charter amendment petition section, the following warning statement must be printed in plain red letters no smaller than the impression of ten-point, bold-faced type: WARNING: IT IS AGAINST THE LAW: For anyone to sign any petition with any name other than his or her own or to knowingly sign his or her name more than once for the same measure or to sign such petition when not a registered elector. DO NOT SIGN THIS PETITION UNLESS YOU ARE A REGISTERED ELECTOR in the City and County of Denver: TO BE A REGISTERED ELECTOR, YOU MUST BE: 1. At least eighteen years old. 2. A citizen of the United States. 3. A resident of the state of Colorado and have resided in the state at least thirty days. 4. A resident of the municipal election precinct in which you live for at least thirty days. 5. Registered to vote pursuant to part 2 of article 2 of title 1, Colorado Revised Statutes. Do not sign this petition unless you have read or had read to you the text of the proposal in its entirety and understand its meaning. 14 B. Signature Lines. All signature pages must contain ruled lines numbered consecutively for registered electors signatures, and have up to ten (10) signature lines on each page. Each signature line must have space provided for date, last name, first name, middle initial, year of birth, street address, city and signature. C. Signature Page Numbering. If a petition section contains multiple signature pages, all signature pages must be sequentially numbered starting with page 1 at the bottom of the first signature page Affidavit of Circulator. To each petition section must be attached a signed, notarized, and dated affidavit executed by the person who circulated the petition section. The Affidavit of Circulator must be in substantial compliance with the sample affidavit of circulator contained in any Charter amendment information packet that may be obtained from the clerk and recorder, and must include the following information for the affiant (the circulator): A. The circulator s printed name and signature; 14 C.R.S (1) Back to TOC 23
25 B. The permanent address at which the circulator resides, including the street name and number, apartment or unit number, city or town, county, and state (if outside Colorado); C. The temporary Colorado residential address (if not a Colorado resident) at which the circulator resides, including the street name and number, apartment or unit number, city or town, and county; D. The date the circulator signed the affidavit; E. That the circulator was eighteen (18) years of age or older at the time the petition section was circulated and signed by the listed electors; F. That the circulator personally circulated the petition copy; G. That all signatures were affixed in the circulator s presence; H. That each signature thereon is the signature of the person whose name it purports to be; I. That, to the best of the circulator s knowledge and belief, each of the persons signing the petition section was, at the time of signing, a registered elector; and J. That the circulator has not paid or will not in the future pay and that the circulator believes that no other person has paid or will pay, directly or indirectly, any money or other thing of value to any signer for the purpose of inducing or causing such signer to affix the signer's signature to the petition Review and Approval of Statement of Intent and Petition Sample. The statement of intent and petition sample will be reviewed by the clerk and recorder for a determination of compliance with the requirements of the Charter of the City and County of Denver, with any and all other applicable state or city and county laws, and with the Rules of the clerk and recorder Review Period. The clerk and recorder will have five (5) full working days from the time of the filing of the statement of intent and petition sample to review these materials as to form. At the end of the five (5) working days, the clerk and recorder will either accept or reject the statement of intent and petition sample. 17 If the petition sample or statement of intent is rejected, the clerk and recorder will make written findings specifying the defects Method of Filing Petition Sample Materials. All petition sample materials must be filed for review in original paper format, via hand or mail delivery, and may not be filed with the clerk and recorder by facsimile, or other electronic means. 15 C.R.S (2) 16 C.R.S (1) 17 C.R.S (1) 18 C.R.S (1) Back to TOC 24
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