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Help & SupportChapter 13-1: Elections1
(a) The purpose of this chapter is to establish procedures for regular and special elections of the home rule City of Boulder. Such procedures are intended to be consistent with the Uniform Election Code of 1992 as adopted by the State of Colorado, except as necessary to comply with provisions of the charter or to meet a specific need of the city as determined by the city council.
(b) The purpose of this chapter in adopting by reference sections 1-2-228, 1-4-913, part 2 of article 1-11, and article 13 of title 1, C.R.S., which form a part of the Uniform Election Code, is to make it clear that such provisions apply to city elections. Adoption does not create a separate municipal offense or municipal court proceeding. Proceedings under such statutes, including, without limitation, contests of municipal elections and criminal prosecutions, shall be brought and heard in the district court or county court as specified by state law, and control of the criminal prosecution of the enumerated election offenses shall remain with the district attorney or the attorney general of the state.
13-1-2 Incorporation of Uniform Election Code of 1992, as Amended, With Modifications.
(a) The Uniform Election Code of 1992, 1-1-101 through 1-13-803, C.R.S., as amended through June 6, 2006, is adopted by reference and incorporated so as to have the same force and effect as if printed in full in this code, except as specifically amended by the provisions of this chapter.
(b) The council finds that certain modifications to the Uniform Election Code of 1992, as amended, are in the best interest of the residents of the city and therefore adopts the following modifications:
(1) Section 1-1-102, C.R.S., is repealed and reenacted to read:
1-1-102. Applicability.
(1) This election code applies to all municipal general and special elections of the city, including without limitation recall elections. Except as otherwise provided in the Boulder Revised Code, 1981, or any uncodified ordinance specific to the situation, this election code also applies to general improvement district elections, and to any elections required by the Constitution of the State of Colorado for which no specific provision is made by any law of the city.
(2) The Uniform Election Code of 1992 was adopted by the General Assembly of the State of Colorado to cover many elections other than municipal elections. Accordingly, many provisions of the Uniform Election Code are inapplicable to municipal elections. The sections and parts of sections which appeared most clearly to be inapplicable to municipal elections have been specifically not adopted, either by calling them not adopted, repealed, or repealed and reenacted to read, in adopting by reference the Uniform Election Code of 1992. However, other provisions of the Uniform Election Code of 1992 which are also inapplicable to municipal elections have not been specifically called out as being inapplicable. Adoption by reference of such provisions does not mean that the city council was of the opinion that such provisions are applicable to municipal elections, and in such cases their applicability shall be determined by the intent of the Colorado General Assembly.
(3) This election code is applicable both to coordinated elections involving the participation of the county clerk and elections of other political jurisdictions, and to municipal elections which the city may choose to conduct on its own, as the city council may from time to time specify in any ordinance calling a special election or otherwise.
(4) To the extent that any provision of this election code conflicts with the charter, such provision is inapplicable.
(2) Section 1-1-104(8), C.R.S., is repealed and reenacted to read:
"Designated election official" means the city clerk.
(3) Section 1-1-104(17), C.R.S., is repealed and reenacted to read:
"General election" means the election specified in Charter Section 22 to be held on the first Tuesday in November of every odd-numbered year.
(4) Section 1-1-104(18), C.R.S., is repealed and reenacted to read:
"Governing body" means the city council, including without limitation the city council sitting as the board of directors of a general improvement district.
(5) Section 1-1-104(34.5), C.R.S., is repealed and reenacted to read:
"Referred measure" includes any ballot question or ballot issue submitted by the city council to the qualified electors of the city pursuant to Charter Sections 37 through 54 or Section 1-41-103, C.R.S.
(6) Section 1-1-104(46), C.R.S., is repealed and reenacted to read:
"Special election" means an election other than a general election as specified in the charter, including without limitation Sections 22, 41, 47, and 58.
(7) Sections 1-1-104(1), (5), (6), (9), (9.5), (19), (20), (22), (23), (24), (25), (26), (31), (32), (39), (40), (41), (42), and (45), C.R.S., are repealed.
(8) Sections 1-1-109(1) and 1-1-110(3), C.R.S., are repealed and reenacted to read:
(1) Except as otherwise provided by this election code, by some other specific provision of the Boulder Revised Code, 1981, or by the ordinance calling a particular election, the secretary of state shall approve all the forms required by this election code, which forms shall be followed by county clerk and recorders, election judges, and other election officials. Forms concerning nominations for city council, initiative, referendum, and recall petitions, and any other forms governed by the charter are included among the forms which are "otherwise provided" by this election code.
(2) As the chief election official for the county, the county clerk and recorder shall be the chief designated election official for all coordinated elections. If the city or its general improvement districts request that its election be coordinated with any other election, it shall certify the ballot content to the county clerk and recorder prior to the fifty-fifth day before the election. Nothing in this section shall authorize the city clerk or the county clerk and recorder to take any action at variance with the requirements of the charter.
(9) Section 1-1-202, C.R.S., is repealed and reenacted to read:
1-1-202. Commencement of Terms.
The terms of city councilmembers shall commence as specified in charter section 5.
(10) Section 1-2-104, C.R.S., is repealed and reenacted to read:
1-2-104. Additional Qualifications.
Qualifications for voting in elections concerning general improvement districts of the city shall be as specified in Chapter 8-4, "General Improvement Districts," B.R.C. 1981, and in the ordinance establishing the specific district.
(11) Section 1-4-501, C.R.S., is repealed and reenacted to read:
1-4-501. Electors Eligible to Hold Municipal Office.
Qualifications of electors eligible to hold municipal office are those set forth in charter section 4.
(12) Section 1-4-805, C.R.S., is repealed and reenacted to read:
1-4-805. Nomination of Municipal Officers.
Nomination of municipal officers is governed by charter sections 23 through 28 and 30.
(13) Section 1-4-901, C.R.S., is repealed and reenacted to read:
1-4-901. Recall.
Recall elections shall be conducted when required and under the procedures specified in charter sections 55 through 62. The conduct of such elections shall be in accordance with those provisions of this election code not inconsistent with the charter.
(14) Repealed.
(15) Section 1-4-1001, C.R.S., is repealed and reenacted to read:
1-4-1001. Withdrawal from candidacy.
Withdrawal from nomination shall be governed by charter section 29.
(16) Section 1-5-203, C.R.S., is amended to add a new subsection (4) to read:
(4) Certification of Ballot for Elections Which are Not Coordinated.
To the extent not inconsistent with the charter, the city clerk shall certify the ballot at least fifty days before any election which is not a coordinated election. The ballot certified shall comply with Charter Section 31, and shall also include any ballot issues or ballot questions to be submitted to the eligible voters.
(17) Section 1-5-205, C.R.S., is amended by the addition of a sentence to read:
With respect to the election of a member or members of the city council, the city clerk shall also publish the notice required by and containing the information contained in charter section 31.
(18) Repealed.
(19) Section 1-5-208, C.R.S., is repealed and reenacted to read:
1-5-208. Election May be Canceled or Ballot Questions Withdrawn.
(1) Except for initiative, initiated referendum, and recall elections, if the only matter before the electors is the consideration of ballot issues or ballot questions, no later than twenty-five days before an election conducted as a coordinated election in November, and at any time prior to any other election, the city council may by resolution cancel the election or withdraw one or more such issues or questions from the ballot. The ballot issues and ballot questions shall be deemed to have not been submitted and votes cast on the ballot issues and ballot questions shall either not be counted or shall be deemed invalid by action of the city council.
(2) If the electors are to consider the election of persons to the city council and ballot issues or ballot questions, the city council may remove any or all of the ballot issues or questions by following the procedures set forth in subsection (1) of this section.
(3) Unless otherwise provided by an intergovernmental agreement pursuant to 1-7-116, C.R.S., upon receipt of an invoice, the city shall within thirty days pay all costs accrued by the county clerk and recorder and any coordinating political subdivision attributable to the canceled election and any removed ballot questions or issues.
(4) The designated election official shall provide notice by publication of the cancellation of an election and a copy of the notice shall be posted at each polling place of the city, in the city clerk's office, and in the office of the county clerk and recorder.
(20) Section 1-5-406, C.R.S., is repealed and reenacted to read:
1-5-406. Content of Ballots.
The designated election official shall provide printed ballots for every election. The official ballots shall be printed and in the possession of the designated election official at least thirty days before the election. Every ballot shall contain the names of all duly nominated candidates for city council, except those who have died or withdrawn, and the ballot shall contain no other names. The names of the candidates shall be printed upon the ballot in alphabetical order by surname as provided in charter section 34.
(21) Section 1-5-407, C.R.S., "Form of Ballots" is amended and reenacted to include a new subsection (10) to read as follows: Mail ballots shall be considered ballots on demand for purposes of subsection (1.6) so that ballot stubs shall not be required.
(22) Sections 1-6-105 and 106, C.R.S., are repealed and reenacted to read:
1-6-105. Appointment of Election Judges for Non-partisan Elections.
(1) For coordinated elections, election judges shall be appointed by the county clerk as provided by state law. For other elections, no later than fifteen days before the election, the city clerk shall appoint election judges for the city or the district for which the election is to be held. The term of office for such judges shall end with the end of the judge's duties with respect to the election for which appointed.
(2) For coordinated elections, any person who has been appointed by a county clerk and recorder, who has filed an acceptance, and who has attended a class of instruction may be appointed as an election judge for non-partisan elections. For other elections, any person who has been appointed by the city clerk, who has filed an acceptance, and who has attended a class of instruction may be appointed as an election judge for such election.
1-6-106. Certification of Appointment
For coordinated elections, thirty days before the election the county clerk and recorder shall certify the list appointing the election judges and shall mail one acceptance form to each person appointed. For other elections, fifteen days before the election the city clerk shall certify the list appointing the election judges and shall mail one acceptance form to each person appointed.
(23) Section 1-7-902, C.R.S., is repealed and reenacted to read:
1-7-902. Preparation of Fiscal Information.
The city manager shall be responsible for providing to the designated election official the fiscal information which must be included in the ballot issue notice for a referred measure.
(24) Section 1-7.5-104, C.R.S., is repealed and reenacted to read:
1-7.5-104. Mail Ballot Elections.
If the city council determines that an election shall be by mail ballot, the designated election official shall conduct the election by mail ballot in accordance with this article. The designated election official shall give appropriate weight to the comments of the secretary of state concerning the city's mail ballot plan, but may conduct the election despite disapproval of all or a part of such plan by the secretary of state.
(25) Section 1-7.5-107, C.R.S., is amended by the addition of a sentence to read:
With respect to the election of a member or members of the city council, the city clerk shall also publish the notice required by and containing the information contained in charter section 31.
(26) Sections 1-10-201, 202, and 203, C.R.S., are repealed and reenacted to read:
1-10-201. Canvassing.
The general canvassing and election board shall be appointed and conduct its business as provided in charter section 32. The city clerk shall forward all election returns to the city council for canvassing pursuant to charter section 32. This canvassing board shall also act as the canvassing board for the city portion of a coordinated election.
(27) Repealed.
(28) Section 1-11-103, C.R.S., is repealed and reenacted to read:
1-11-103. Certificates of Election.
Certificates of election shall be issued as provided by charter section 32.
(29) Article 1-12, C.R.S., is repealed and reenacted to read:
1-12-101. Recalls and Vacancies.
Recalls shall be initiated and conducted as provided in Charter Sections 55 through 62. Vacancies shall be filled as provided in Charter Section 8.
(30) Section 1-13-107, C.R.S., is amended to add a subsection (b) to read:
(b) The secretary of state is not authorized by this section to take any action or enforce any regulation which is inconsistent with this election code as adopted by the home rule City of Boulder or with the charter.
(31) The following sections, parts, and articles of the Colorado Revised Statutes are not adopted by reference, and are not applicable to city elections: Sections 1-1-112, 201 and 203, 1-2-203, 209, 210, 218.5, 219, 222, 701, 702 and 703; Article 1-3; Article 1-4 except parts 9, 10, and 11; Sections 1-4-902 through 908, 910, and 912, 1-4-1002 and 1003, 1-4-1103; 1-5-101, 103, 207, 301, 402, 403, 404, 601.5, 605.7 and 608.2; 1-6-102, 103, 103.5, 103.7, 104, 109, 110, 111; 1-7-105 and 106; Part 2 of Article 1-7, Sections 1-7-407; Section 1-8-114.5; Part 1 of Article 1-10; 1-10.5-102; 1-11-101 through 108, 1-11-203, 1-11-204 through 211, and Part 3 of Article 1-13.
Ordinance Nos. 5667 (1994); 5724 (1995); 5903 (1997); 5936 (1997); 6018 (1998); 7135 (2001); 7228 (2002); 7311 (2003); 7474 (2006); 7525 (2007)
13-1-3 Responsibility of the City Manager.
The city manager shall administer the requirements of this chapter and comply with all laws regulating the conduct of elections.
Whenever an electronic voting system is used in a municipal election and official ballots are in the form of ballot cards to be read by electronic vote counting equipment, official absentee ballots may also be in the form of ballot cards.
13-1-5 Duplication of Absentee Ballots for Counting.
(a) Whenever an electronic voting system is used in a municipal election and whenever an absentee ballot is not suitable for counting on the electronic vote counting equipment because such ballot was cast in pencil or ink or is in the form of a paper ballot, a true duplicate copy of the ballot may be made and counted in the manner provided in this section.
(b) By means of a vote recorder or punching device, the judges of election of the precinct selected by the city manager to receive the absentee ballots shall make such duplicate copy by punching an unused ballot card provided to the judges for that purpose. One such judge shall read aloud the vote on the original handwritten ballot and another judge shall punch the duplicate. A third judge shall watch the duplication process and shall check its accuracy.
(c) An election judge shall label any duplicate ballot so made as a duplicate ballot and shall record the serial number of the duplicate ballot on the original handwritten absentee ballot.
(d) If a judge makes an inaccurate duplicate ballot, the judge shall label such ballot "void" and place it in a separate envelope provided by the city manager for that purpose. The judges shall make a new duplicate ballot and label it in the same manner as provided in this section and shall record the serial number of any new duplicate ballot on the original handwritten absentee ballot.
(e) The election judges shall retain all original handwritten absentee ballots and place them in a separate envelope provided by the city manager for that purpose.
(f) The election judges shall substitute any duplicate ballot made under this section for the original ballot and shall present such duplicate for counting on the electronic vote counting equipment at the counting center after 7:00 p.m. on election day in the same manner as other ballots from city election precincts are counted.
(g) No election judge shall make any duplicate ballot under this section before the time otherwise allowed by law for the counting of absentee ballots.
(h) Whenever election judges of the absentee voter precinct use the duplicate ballot process authorized by this section, such judges shall make a written statement, in addition to any other statements or certificates otherwise required by law to be made, showing the number of duplicate ballots made and not marked "void" together with the serial numbers thereof and the number of duplicate ballots made and marked "void" together with the serial numbers thereof and shall return such statement to the city manager with other election papers and supplies.
(i) When absentee ballots are duplicated and counted as authorized by this section, the absentee precinct judges shall not be required to make or post an abstract of the count of votes.
(j) All provisions of the election laws of the city that are not inconsistent or in conflict with this section continue to apply to all elections where the duplicate ballot process authorized by this section is used. Any provisions of the election laws of the city that are inconsistent or in conflict with the provisions of this section do not apply to elections where the duplicate ballot process provided in this section is used. Nothing in this section shall be construed to prohibit the use of a manual system of counting absentee ballots.
(k) The city manager is authorized to institute other procedures not inconsistent with the provisions of this section that are designed to promote efficiency and accuracy in the duplication process authorized by this section.
13-1-6 Submission of Citizen Petitions for Comment Prior to Circulation.
The proponents of an initiative, referendum, or charter amendment petition may submit a draft thereof to the city manager before circulating the petition. No later than fifteen days after the date of receiving such petition draft, and after consulting with the city attorney, the manager shall provide written comments to the proponents concerning any problems encountered in the format or contents of the draft. The proponents may either disregard the comments or alter the petition draft in response thereto.
13-1-7 Initiative and Referendum.
All aspects of the exercise of the initiative and referendum power reserved to the people by the charter of the City of Boulder shall be governed exclusively by the provisions of the charter, this code, and any other applicable ordinance of the city, and no statute of the state purporting to regulate in any way the exercise of the initiative or referendum shall govern the exercise of the initiative or referendum, except for those criminal provisions of state law not in conflict with any provision of the charter or this code which prohibit fraud or deception in the circulation or signing of initiative or referendum petitions, or respecting affidavits concerning said petitions. This section does not apply to initiatives concerning the amendment or abolition of the charter.2
(Ordinance No. 7135 (2001))
13-1-8 Special Provisions Concerning Filling Council Vacancies by Special Election.
The electors of the city approved an amendment to charter section 8 in November 1996. That amendment changed the method of filling vacancies on the city council from an appointment system to an election system. This section establishes the term of a person elected by special election to fill a council vacancy, and makes such adjustments to the provisions of the Uniform Election Code of 1992, as adopted with amendments by this title, as are useful in adapting that code to the exigencies of special elections to fill vacancies, which must be conducted on a compressed time frame.
(a) The term of a council member elected in a special election held pursuant to charter section 8 to fill a council vacancy shall expire at 10:00 a.m. on the third Tuesday in November following the next general municipal election.
(b) The city council may, in the resolution calling for a special election to fill a council vacancy, specify a number of days before the election that the early voters' polling place shall be open which is less than that specified in section 1-8-202, C.R.S., as adopted by reference, and may also specify additional hours during which such early voters' polling place shall be open. But such a provision is only effective for a special election which is not conducted as a coordinated election.
(Ordinance Nos. 5856 (1996); 5903 (1997))
1 Adopted by Ordinance No. 5582. Derived from Ordinance Nos. 3738, 3984, 3935, 3947, 4036, 4139, 4277, 4561, 4596, 4607, 4618, 4652, 4997, 5067, 5218, 5242, 5403, 5509.
2 Article XX, section 9 of the Colorado Constitution gives the General Assembly authority over the home rule amendment process. See section 31-2-201 et seq., C.R.S.