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Home My WebLink About750470.tiff RESOLUTION WHEREAS, on September 9, 1975, a County Home Rule Charter for Weld County, Colorado, was adopted by a vote of the registered, qualified electors of the County; and WHEREAS, an opinion has been presented to the Board of County Commissioners, Weld County, Colorado, by the Weld County Attorney, copy of which is attached hereto, marked Exhibit "A" ; and WHEREAS, from said opinion, it apprears that there may be certain legal problems concerning the election of two County Commissioners at a special election which the Board is directed by the Charter to autho- rize to be held before December 15 , 1975; and WHEREAS, the County Clerk and Recorder of Weld County, Colorado, has submitted a document, including amendments thereto, entitled, HOME RULE COUNTY COMMISSIONER AND COUNTY COUNCILMAN SPECIAL ELECTION, suggesting a procedure and time schedule for the holding of this special election, marked Exhibit "B" ; and WHEREAS, the Weld County Democratic Party and the Weld County Republican Party have each submitted a letter containing recommend- ations relative to proffered procedures to be followed regarding said special election, marked Exhibits "C" and "D" , respectively, and attached hereto; and WHEREAS, inasmuch as time is of the essence, the Board believes it to be in the best interests of the County to proceed and call a special election for the purposes as directed by the Charter; NOW, THEREFORE, BE IT RESOLVED , by the Board of County Com- missioners, Weld County, Colorado, that pursuant to opinion of the Weld County Attorney, and the recommendations of the Weld County Clerk and Recorder, the Weld County Democratic Party and the Weld County Republican Party, all as contained in Exhibits marked "A" , "B" , "C" , and "D" , respectively, copies of said Exhibits are attached herewith and made a part hereof by reference, a special election is hereby called and shall be held on Tuesday, December 9 , 1975. At such special election: a. Voters shall cast ballots to elect five (5) County Councilmen, and b. Voters shall cast ballots to elect two (2) County Commissioners (at large) as directed by the Weld County Charter. BE IT FURTHER RESOLVED, by the Board and it hereby Orders, that pursuant to recommendations of the Weld County Clerk and Recorder and the two major political parties in Weld County, Colorado, that all of the procedures and recommendations as contained in the hereinabove Exhibits "B" , "C" , and "D" , be ratified and adopted and that designated candidates for the Office of County Commissioner and County Council- man shall be required to qualify for the respective offices pursuant to such recommendation; and That with regard to any requirements not expressly covered by the hereinabove mentioned documents , marked Exhibits "B" , "C" , and "D" , respectively, Colorado State Election Statutes shall prevail. The above and foregoing Resolution was, on motion duly made and 750470 seconded, adopted by the following vote this 8th day of October, A. D. , 1975. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ofte , 64 /eir. ATTEST: Weld County Clerk and Recorder and Clerk to the Board y epu y County Clerk A.PFRO V AS TO KORM: County Attorney -2- OFFICE OF COUNTY ATTORNEY SAMUEL T.ORNEY COUNTY ATTORNEY PHONE (303) 352-2369 WI 220 FIRST NATIONAL BANK BUILDING ' pc GREEON COLOR BUILDI G1 September 29, 1975 COLORADO Board of County Commissioners Weld County Colorado 1516 Hospital Road Greeley, Colorado 80631 Gentlemen: You have submitted the question of what type of election, if any, should be held to elect two additional County Commissioners before December 15, 1975, as required by the Home Rule Charter of Weld County recently adopted by the electors of Weld County. C. R. S. 1973, 30-11-513 requires that officers of a home rule county be appointed or elected as provided for in the Charter. This was not adequately done. The Charter as adopted requires that there be five county com- missioners (Section 6-1) with the two new additional officers to be elected at a special election to be held prior to December 15, 1975, (Section 18-4). The Charter also provides that special elections shall be called by resolution of the Board (defined as board of county commissioners in Section 16-10 (5) ) and conducted in accordance with the provisions of state law, (Section 15-2). , A careful review of Title 1 and Title 30 of 1973 C. R. S. will show that there are no provisions in state law regarding the conduct of any such special election. C. R. S. 1973 1-1-104 (27) defines a special election as an election other than a general election for the purpose of filling a vacancy to an unexpired term of a representative in congress. (Emphasis supplied). Title 1, 1973 C. R. S. deals with the actual manner and procedure for conducting general and special elections but has no provisions for designating candidates for county commissioners in special elections, nor does it even contemplate such a special election. WELD COUNTY COMMISSIONERS HARRY S.ASHLEY GLENN K.BILLINGS ROY MOSER Board of County Commissioners September 29, 1975 Page 2 Part 2, Article 14 of Title 1, 1973 C. R. S. deals with the nomination or designation of candidates but does not provide in any way for the nomination or designation of candidates for county commissioners at special elections. 1973 C. R. S. 1-14-201 mentions special elections but only to fill vacancies of representatives in congress. 1973 C. R. S. 1-14-301 provides for the nomination of any candidate for public office to be filled at either a general or special election who do not wish to be affiliated with a political party. This section cannot be construed as providing for a method of designating candidates in the special election as is required by the Charter because of the limiting definition of special election in 1973 C. R. S. 1-1-104 (27). The only other law found pertaining to special elections other than special district elections is 1973 C. R. S. 31-10-101 (13) which applies to municipalities and by statutory definition is not applicable to county officers. Since the Charter and state laws do not provide for a method of de- signating candidates for county commissioner in the special election or even holding such a special election, there arises a strong legal question as to whether or not a valid election for two new county commissioners can be held. The only practical solution to this problem is that the present board of county commissioners establish a procedure for the designation of candidates for county commissioners in the special election. Some support for this procedure could possibly be justified by the broad interpretation of 1973 C. R. S. 30-11- 107 (e) which gives the board of county commissioners the broad power to manage the business and concerns of the county. Even though this procedure may be open to question legally, it is my opinion that the board of county commissioners should adopt the recom- mendations of the County Clerk and Recorder pertaining to the conduct of the special election of the two new county commissioners in order that the mandate of the electors of Weld County can be met and not circumvented. I trust this answers your inquiry. Re- .-c tf y subm i _,.______,„ kW fifer Samuel S. Telep County Attorney SST/jib HOME RULE COUNTY CO,1flISSIONER & COUNTY COUNCILMAN SPECIAL ELECTION Sept. 5, 1975 Earliest day to circulate non-partisan county Charter councilman petitions for nomination. Sept. 10, 1975 Earliest day to file application for absentee -102(4) voter's ballot to vote in special election. 49-14-2(4) 7 Oct. 21, 1975 First day petitions for nominating Independent 1-14-301(e) candidates may be circulated. Oct. 28, 1975 Last day for commissioner-at-large candidates to file petitions for nomination with the County Cleric and Recorder. Oct. 28, 1975 Last day for non-partisan county councilman to file petitions for nomination with the • County Clerk and Recorder. Oct. 31, 1975 Last day objections to nominations of county Charter councilmen may be filed with County Clerk and Recorder. Nov. 7, 1975 Last day to register to vote in the special 1-2-202(1) election. 49-4-2-(1) Nov. 7, 1975 Last day to register to vote in the special 1-2-204(1) election by federal post card. 49-4-14(1) Nov. 7, 1975 Last day to register to vote in the special 1-2-203(1) election by affidavit. 49-4-13(1) • Nov. 7, 1975 Last day for change of address from one 1-2-208(1) precinct to another. • 49-4-18(1) Nov. 9, 1975 Last day for the major political parties to hold nominating assemblies. Designated candidates shall file written acceptance with County Clerk and Recorder within seven (7) days after the assembly at which he was designated. Nov. 10, 1975 Last day for the major political parties to certify nominated candidates for the offices of county commissioners-at-large to the County Cleric and Recorder. Nov. 24, 1975 First day for absentee voter to vote on 1-7-110 voting device. 49-14-10 Nov. 28, 1975 Filing date for contribution and expense disclosure statements with the County Clerk 49-27-108(1) and Recorder under provisions of Campaign Reform Act. Nov. 28, 1975 .Last day for County Cleric and Recorder to 1-2-102 publish notice of election. 49-10-2 Nov. 28, 1975 Last day for nominated candidates to withdraw 1-14-210(1) from election. 49-6-10(1) Dec. 1, 1975 Last day vacancy in party nominations may be 1-14-211 filled by party central committee. 49-6-11 Dec. 2, 1975 Last day for filing petitions for nominating 1-14-201(h) Independent candidates with County Clerk and 49-7-1(9) Recorder. Petitions must be filed by 3:00 R.M. • Page 2 Dec. 3, 1975 Last day for write-in candidates to file 1-4-67(7) affidavit of intent with County Clerk and Recorder. • Dec. 5, 1975 Last day to file application for absentee 1-7-102(4) voter's ballot to vote in the special election. 49-14-2(4) Dec. 5, 1975 Last day for absentee voter to vote on 1-7-110 voting device. 49-14-10 Dec. 8, 1975 First day for applying for and voting an 1-7-123 emergency absentee voter's ballot. 49-14-23 Dec. 9, 1975 special election day - This is the closest Tuesday prior to the December 15, 1975 deadline (a Monday) as called for in the adopted Charter. Dec. 9 , 1975 Absentee voter's ballots to be in the hands 1-7-106(1) of the County Clerk and Recorder no later 49-16-2 than 7:00 P.M. Dec. 19, 1975 Last day for County Board of Canvassers to 1-9-102 complete preliminary abstract of votes. 49-16-2 . Jan. 8, 1976 Filing date for contribution and expense disclosure statements with the County Clerk and Recorder under the provision of 49-27-108(1) the campaign reform act. Jan. 8, 1976 Last day for County Clerk and Recorder to 1-9-104(3) (a) determine a winner in the case of a tie. Jan. 8, 1976 Last day for a recount to be completed. 1-9-104(1) 49-16-4(1) Jan. 8, 1976 Last day for filing Official Abstracts with 1-9-107 Secretary of State. 49-16-7 PROPOSED AMENDMENTS TO THE PROCEDURE ADOPTED BY THE BOARD OF WELD COUNTY COMMISSIONERS ON OCTOBER 1, 1975 1. Make nomination petitions for Independent Candidates for the offices of County Commissioner-at-large available immediately for circulation. 2. Set October 28, 1975 as the deadline for filing the completed petitions with the County Clerk & Recorder' s office. Petitions must be filed no later than 3 p.m. on that day. 3. The petitions shall contain the signatures of 300 qualified electors of Weld County, i.e. 18 years of age, U.S. Citizen, resident of the state and precinct for 32 days. • Weld ear,4 .%emerAtztic eentsal Committee 912 - 9TH AVENUE P. O BOX 1976 TELEPHONE 356-5559 GREELEY, COLORADO - 60631 JUNE STEINMARK, CHAIRPERSON LINDA MILLER, SECRETARY LEONARD ROE, VICE CHAIRPERSON I. RUSSELL TURNER. TREASURER September 21 , 1975 Mr. S. Lee Shehee Clerk and Recorder Weld County Courthouse Greeley, Colo. 80631 Dear Mr. Shehee: The Weld County Democratic Executive Committee believes that: 1. The recently adopted Weld County Charter expresses the wishes and desires of the citizens of Weld County. 2. The charter provides for a partisan special election to be held prior to December 15 , 1975 for the purpose of electing one County Commissioner at-large for a one year term and one County Commissioner at-large for a three year term. 3. That the Charter does not stipulate that said partisan election shall be held under the provisions of the Colorado Election Code. 4. The Charter intends that five County Commissioners be elected as of January 1 , 1976 in order to implement the procedures and intent of the Weld County Charter. 5. The procedures for such a partisan special election to elect County Commissioners are not contained in the Colorado Election Code , or the Weld County Charter. Therefore , the '1eld County Democratic Executive Committee at its September 21 , 1975 meeting unanimously adopted the following resolution: .. • , Page 2. ".BL IT RESOLVED that the Weld County Democratic Executive Committee recommends to the Weld County Board of Commissioners that the Board of Commissioners , by Resolution , set a special election on Tuesday , December 9 , 1975. Said special election shall be held for the purpose of electing 5 County Councilmen and 2 County Commissioners as required by the Weld County Charter. The Executive Committee recommends that in order for the 2 County Commissioners at-large to be elected in a partisan election as directed by the Weld County Charter , the following procedure be adopted by the Board of Commissioners: 1. qualifications for nomination at the Political Party's County Central Committee Meeting, which shall designate candidates for the December 9 , 1975 election are that the candidate: A. shall be a registered elector , affiliated with the corresponding political party at least 12 months preceding the last held County Assembly (1974) . B. shall be a resident of Weld County. C. Shall file a petition containing 250 signatures of registered electors who are affiliated with the same political party as the candidate named on the petition. .57pparate 2. The Clerk and Recorder shall issue petitions for County Commissioner at-large one year term, and County Com- missioner at-large three year term. Said petitions shall be available upon passage of resolution of the Board of County Commissioners. The Clerk and Recorder shall certify validity of the petitions to the respective political parties. If a petition is short of required signatures , the prospective candidate shall have 3 days to obtain the additional required signatures. 3. The County Central Committee of the respective two major political parties shall meet prior to October 24 , 1975 , and shall designate candidates to appear on the December 9 ballot. The voting for candidates shall be done according to the respective party rules. One candidate shall be designated for County Commissioner at large ore year term , and one candidate shall be designated for County Commissioner at large three year term as follows: A. Candidates whose petitions have been certified by the County Clerk and Zecorder shall be nominated and repeated ballots shall be cast until one candidate receives a majority vote of those present and eligible to cast ballots. The Candidate receiving a majority vote shall be designated by the County Central Committee as the party candidate for position of County Commissioner at large on•year term. B. The Candidate for County Commissioner at large three year term shall be designated in the same manner as County Commissioner one year term, separate balloting being used for each office. C. Certificates of designation for the candidates desi- gnated by the County Central Committee for the position of County Commissioner at large one year term and County Commissioner at large 3 year term shall be completed and filed with the Weld County g erk and Recorder prior to October 26 , 1975." Very truly yours , .une Steinmark, Chairman Weld County Democratic Party 041) 3S2� 5 • Weld County Republican Party 1024 9th Avenue Greeley, Colorado 80631 September 23, 1975 Honorable S. Lee Shehee Weld County Cleric and Recorder Weld County Services Annex Greeley, Colorado 80631 Dear Mr. Shehee, Weld County Republican Party Executive Committee members, after consultation with members of the Democratic Executive Committee and the County Clerk and Recorder, agreed at a September 22, 1975 meetinFr to suggest the following procedures as a possible method of election of the two new County Commissioners, one for a one year term and one for a three year term, called for in the Home Rule Charter. Election nrocedures should he clarified and expedited as soon as possible. To establish the most equitable method of election in the time allotted by the Home Rule Charter, the Weld County Republican Executive Committee recommends: A. A Republican candidate, to qualify for nomination, must be a registered elector affiliated with the Republican party for twelve months prior to the last county assembly, be a resident of Weld County and file a petition with 250 signatures of registered electors affiliated with the same politcal party as the person named on the Petition. B. Petitions supplied by the County Clerk and Recorder, should stipulate whether the person named on the petition is a candidate for the one year term as a Commissioner at large or the three year term as a Commissioner at large. Petitions should be made available once the Board of County Commissioners passes a resolution extablishing election procedures. The last day for Commissioner candidates to file their petitions with the County Clerk and Recorder shall he October 29th. The County Clerk and Recorder shall certify the validity of all petitions and those named in petitions, whose petitions are found to have inadequate signatures, shall have three days to obtain the additional necessary signatures. C. The respective Central Committees shall meet on or before November 9, 1975 and designate candidates for a December 9th election. is i` At the Central Committee meeting the Commissioner candidates for the one year term whose petitions have been certified by the County Clerk and Recorder shall be nominated and repeated ballots cast until one candidate receives a majority vote of those present and eligible to cast ballots. The candidate receiving the majority vote shall be designated by the Central Committee as the Party candidate for position of County Commissioner at large for a one-year term. The candidate for County Commissioner at large for the three year term shall be designated in the same manner as the County Commissioner can- didate for the one year term, separate ballot being used for each office. D. Certificates of designation for candidates designated by the County Central Commitee as candidates for the County Commissioner terms of one year and three years must be completed and filed with the County Clerk' s office on or before November 10th, 1975. We realize the above procedure. is a new nrocedure and other methods can he followed, including changing the date of the election. We would respectfully submit that a judicial decision might be advisable to immediately clarify the proper procedure. The election is unique and not covered in the existing law. The Weld County Republican Party is ready and willing to assist in expediting the provisions of the Home Rule Charter. Respectfully nm� ' ava , Chairman Weld County Republican Party Hello