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Help & SupportArticle III: Elections
Sec. 22. Municipal elections defined.
A general municipal election shall be held in the City of Boulder on the first Tuesday in November of every odd numbered year, and shall be known as the general municipal election. All other municipal elections shall be known as special municipal elections. (Amended by Ord. No. 7412 (2005), § 2, adopted by electorate on March 8, 2005.)
Sec. 23. Nomination by petition-requirements of petitions.
All elective officers of the city shall be nominated by petition which shall consist of the candidate's consent, the prayer and signatures of the petitioners, and the city clerk's certificate of petition. Each petition shall be on a separate paper, of uniform size, to be provided by the city clerk, and shall contain the name of but one candidate. No elector shall sign petitions for more candidates than the number of places of that particular designation to be filled at the election; and should an elector do so, said elector's signature shall be void as to the petition or petitions which said elector last signed.*
Sec. 24. Candidate's affidavit of consent.
Before any petition is filed with the city clerk, the candidate whose name appears on said petition shall appear before the city clerk and take the oath (or affirmation) which appears on the form of petition herein set forth.
Sec. 25. Requirements for signing petitions.
Before signing a petition of nomination, each person shall take oath (or affirmation) before the city clerk that the representations set forth in the petition are true and shall sign such person's name thereto in a space designated by the city clerk, together with such person's residence, street and number, place of business, and the date of signing.*
Sec. 26. City clerk's certificate of petition.
When a petition of nomination shall have been signed by not less than twenty-five and not more than thirty-five qualified and duly registered electors, and not later than the seventy-first day before the pending municipal election, the city clerk shall check such petition with the official registration list, determine its sufficiency, and, if sufficient, shall append the clerk's certification of petition, and file the completed petition in the clerk's office, together with the date and certificate of the filing thereof. The petition may be amended to correct or replace signatures which the clerk finds not in apparent conformity with the requirements of this charter and any applicable ordinance at any time prior to the sixty-sixth day before the election. (Amended by Ord. No. 3925 (1973), § 1, adopted by electorate on September 11, 1973. Further amended by Ord. No. 5576 (1993), § 1, adopted by electorate on November 2, 1993.)*
Sec. 27. Form of nomination petition6.
CANDIDATE'S CONSENT
State of Colorado, )
County of Boulder, ) ss.
City of Boulder. )
I, (name of candidate), do solemnly swear (or affirm) that I am a qualified elector of the City of Boulder and that on the date of the next general municipal election, I will be not less than twenty-one years of age and will have been a resident of the City of Boulder for one year immediately prior thereto and that if legally nominated, I will stand as candidate for council member at the general municipal election to be held on _________________ , A.D.________.
____________________________________________
(Candidate's signature)
Subscribed and sworn to before me this ________day
of________________, A.D. ______.
____________________________________________
City Clerk
(CITY SEAL)
ELECTORS' PETITION
We, the undersigned electors of the City of Boulder, hereby nominate _________________, whose residence is _________________, whose place of business is at _________________, for office of _________________, to be voted upon at the election to be held in the City of Boulder on the _______day of _________________, ______, and we individually swear (or affirm) that we are qualified to vote for a candidate for the above office, and that we have not signed more nomination petitions of candidates for this office than there are persons to be elected thereto; and we further swear (or affirm) that we join in this petition for the nomination of the above named person upon the condition that the said ______________________ has not become a candidate as the nominee or representative of, nor because of any promised support from, any political party, or from any person or firm or combined interests in any measure or franchise.
No. |
Names of Electors |
Residence |
Place of Business |
Date of Signature |
Check Mark by Clerk |
1. |
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2. |
|||||
3. |
|||||
35. |
CITY CLERK'S CERTIFICATION OF PETITION
State of Colorado, )
County of Boulder, ) ss.
City of Boulder. )
I hereby certify that each and every person whose signature appears on this petition personally appeared before me on the day and date set opposite such person's name, was duly sworn as to the matters set forth in said petition, and signed such person's name as petitioner for the purpose above set forth; and I further certify that I have examined the official registration list of persons qualified to vote at the next ensuing municipal election named in such petition; that (state the number) of the above petitioners appear as duly qualified and registered electors in the City of Boulder; and that to the best of my knowledge and belief this petition is __________ sufficient.
In testimony whereof, I have hereunto set my hand and the seal of the City of Boulder this (twenty-second day before election) day of _________________ , A.D.______.
___________________________________________
City Clerk
(CITY SEAL)*
(Amended by Ord. No. 3925 (1973), § 1, adopted by electorate on September 11, 1973. Further amended by Ord. No. 6006 (1998), § 2, adopted by electorate on November 3, 1998.)
Sec. 28. Time of completing the petition.
A petition of nomination shall be completed and filed in the office of the city clerk not earlier than ninety-one nor later than seventy-one days before the election. (Amended by Ord. No. 3925 (1973), § 1, adopted by electorate on September 11, 1973. Further amended by Ord. No. 5576 (1993), § 1, adopted by electorate on November 2, 1993.)
Sec. 29. Withdrawal from nomination.
Any person having been duly and regularly nominated as herein provided, may, prior to the sixty-sixth day preceding the election for which such person has been nominated, withdraw from such nomination by filing with the city clerk a sworn statement of such withdrawal. (Amended by Ord. No. 3925 (1973), § 1, adopted by electorate on September 11, 1973. Further amended by Ord. No. 5576 (1993), § 1, adopted by electorate on November 2, 1993.)*
Sec. 30. Preservation and filing of petitions.
The city clerk shall preserve and file in the clerk's office for a period of six years all petitions of nomination and all certificates, acceptances, and withdrawals belonging thereto.*
The city clerk shall prior to the fifty-fifth day before the election certify a list of the candidates so nominated for office at such election, whose names are entitled to appear upon the ballot as being the list of candidates nominated as required by this charter, together with the offices to be filled at such election, designating whether such election shall be for a full or unexpired term; and the clerk shall file in the clerk's office said certified list of names with residence and business addresses and the offices so to be filled, and the clerk shall cause to be published a notice calling such election, for five successive days before such election, in one daily newspaper of general circulation and published in the City of Boulder, which notice shall contain a list of said names of candidates, with residence, place of business, the offices to be filled, the time when and the places at which such election shall be held. (Amended by Ord. No. 3925 (1973), § 1, adopted by electorate on September 11, 1973. Further amended by Ord. No. 4773 (1983), § 1, adopted by electorate on November 8, 1983. Further amended by Ord. No. 5576 (1993), § 1, adopted by electorate on November 2, 1993.)*
Sec. 32. General election regulations.
The provisions of any and all laws of the State of Colorado now or hereafter in force, except as the council may otherwise by ordinance provide, or as may be otherwise herein provided, relating to the qualification and registration of electors, the manner of voting, the duties of election officers, and all other particulars in respect to the management of elections, insofar as the same may be applicable, shall govern all municipal elections; provided, that the city council, exclusive of such members thereof as are candidates at the then pending election, shall constitute the general canvassing and election board and shall meet and duly canvass the election returns, as certified by the precinct or district election officials, which returns and certifications shall be in accordance with the provisions of this charter. If at any time the number of council members eligible to serve on the general canvassing and election board be less than five, it shall be the duty of the city council at a regular meeting prior to the day of election, by resolution duly entered on its records, to designate a sufficient number of qualified electors, not candidates at such election, to sit with the eligible members of the council on such board so that the said board in sitting shall never consist of less than five; and, provided further, that the city council of the present existing government of the City of Boulder, together with such qualified electors as may be by them designated, shall constitute the general canvassing and election board for the purpose of canvassing and determining the result of the first election to be held hereunder. Said board shall have power to appoint such clerks and assistants as may be necessary to canvass the vote. The council shall make the necessary appropriation to meet the expenses of such clerks and assistants.
The city clerk or a duly authorized assistant shall act as secretary of the board of canvassers, and shall spread the result on a record kept for the purpose, and shall issue such certificates, under the seal of the city, as the circumstances may warrant and necessitate.*
In all general and special municipal elections held in the City of Boulder for any purpose whatsoever, the ballots or votes may be cast, registered, recorded, and counted by means of voting machines. No voting machine shall be used, purchased, or leased by the City of Boulder unless it shall be so constructed as to fulfill the following requirements: that it affords each elector an opportunity to vote in absolute secrecy; that it is closed during the progress of the voting so that no person can see or know the number of votes registered for any candidate or for whom the elector has voted; that it be capable of containing on the face thereof the form of ballot made up and arranged substantially in the manner prescribed hereinafter for the election of council members, for voting on initiated or referred measures, for voting on the question of issuance of bonds, for voting on the granting of franchises, for voting on the amendments to the charter or for any other purpose; that it prevents the voter from voting for a candidate or on a question for whom or on which such voter is not lawfully entitled to vote; that it enables each voter to vote for all candidates for whom such voter is entitled to vote and prevents such voter from voting for any candidate for any office more than once unless such voter is lawfully entitled to cast more than one vote for each candidate, and in that event permits such voter to cast only as many votes for that candidate as such voter is by law entitled, and no more; that it be provided with at least twenty pairs of "for" and "against" counters for voting on questions or propositions to be submitted in accordance with law, with the operating of voting devices therefor; that such machine will correctly register by means of exact mechanical counters each vote cast for candidates whose names appear on the ballot labels or for questions appearing thereon; that each machine be provided with a lock or locks, the keys of which cannot be interchangeably used, and by locking of which any movement of the operating mechanism can be prevented, so that it cannot be tampered with or manipulated for any fraudulent purpose; that the machine is susceptible of being closed during the progress of the voting so that no person can see or know the number of votes registered for any candidate; that there shall be a counter on each machine, the registering face of which can be seen at all times from the outside of the machine, which will show during the election the total number of voters who have operated the machine at that election; that it shall have a protective counter or other device, the register of which cannot be reset, which shall record the cumulative total number of movements of the operating mechanism. The provisions of any and all state laws now or hereinafter in force relating to the use of voting machines at elections, except as the council may otherwise by ordinance provide, shall govern the management of voting machines in elections.
All the provisions of this charter relating to elections and any and all laws of the State of Colorado now or hereafter in force and not inconsistent with the provisions of this charter shall apply to all elections held in election districts or precincts where voting machines are used. Any provisions of this charter heretofore in force which conflict with the use of voting machines as herein set forth shall not apply to precincts in which an election is conducted by the use of voting machines. Nothing in this charter, however, shall be construed as prohibiting the use of separate paper ballots, if need be, for the purpose of conducting any special or general municipal election in the City of Boulder. (Repealed by Ord. No. 1474 (1947), § 1, adopted by electorate on November 4, 1947. Re-enacted by Ord. No. 1826 (1954), § 1, adopted by electorate on October 26, 1954.)7*
Sec. 34. Electors-form and marking of ballot.
The members of the city council shall be elected by votes cast by qualified electors as provided by the laws of the State of Colorado and the charter and ordinances of the City of Boulder. The form of ballot at such election shall be such that all of the duly nominated candidates for council shall be listed on a single ballot in alphabetical order with a reference to the surname of said candidates, and voting shall be by placing a cross (X) opposite the name of each candidate voted for, not to exceed the total number of council members to be elected. If any ballot shall contain more cross-marked candidates than there are council members to be elected, said ballot shall be void and not counted. (Repealed and re-enacted by Ord. No. 1474 (1947), § 1, adopted by electorate on November 4, 1947.)*
There shall be but one list of candidates for both the full regular terms to be filled and any parts of terms to which there is a vacancy which is to be filled. The candidates having the highest number of votes to the number that there are full regular terms to be filled shall be declared elected to those terms. If there is a vacancy term or terms to be filled, then the candidate or candidates having the next highest number of votes to the number that there are vacancy terms to be filled shall be declared elected, the one having the highest number of votes to fill the longest vacancy term and the one having the next highest to have the next longest vacancy term, until all vacancy terms are filled. There shall be no choice or preference between voting for candidates, but all votes shall be of equal value, and every voter shall be allowed to vote for as many council members as there are council members to be elected. (Repealed and re-enacted by Ord. No. 1474 (1947), § 1, adopted by electorate on November 4, 1947.)*
Sec. 36. Expenditure of money on elections.
(Amended by Ord. No. 2263 (1959), § 1, adopted by electorate on November 3, 1959.)*
(Repealed by Ord. No. 5219 (1989), § 1, adopted by electorate on November 7, 1989.)
* Indicates those sections in which reference to gender were neutralized by Ord. No. 4602, November 3, 1981.
6 This section should also have been amended by Ord. No. 1978 (1956), § 1, adopted by electorate on October 2, 1956, which changed the residency requirements for councilmembers from five to three years.
7 This section was enacted as Section 32 in Ord. No. 1826 but was codified as Section 33 in the Code of the City of Boulder, 1955.