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Chapter III


Section 3.1.  Applicability of State Law.

          City elections shall be conducted according to the provisions of the Colorado Municipal Election Code of 1965 (Article 10 of Title 31, C.R.S.) and the Uniform Election Code of 1992 (Article 1 to 13 of Title 1, C.R.S.), as said codes are amended from time to time, provided however, that when City Council finds it to be in the interest of the City, the Council may, by Ordinance, adopt provisions which modify or add to the provisions of said codes, and the provisions adopted shall prevail over any conflicting provisions in said codes.  (Amended 11-7-95)

Section 3.2.  Elective Officers and Terms of Office.

          (a)  The elective officers of the City shall be six (6) Councillors and a Mayor, all of whom shall be nominated and elected from the City at large.  (Amended 11-2-93)

          (b)  The Mayor shall be elected by the popular vote of the electorate at the City's regular election, beginning in 1995, for a term not to exceed four years.  The City Council shall, by ordinance, establish the term of office, the required percentage of votes to be elected Mayor, and any other procedures or requirements for electing the Mayor not inconsistent with this Charter.  (Amended 11-2-93)

          (c)  At each regular City election beginning in 2003, there shall be elected three (3) Councillors. The three (3) candidates receiving the highest number of votes shall each be elected for a term of office of four (4) years.  (Amended 11-2-93 and 11-5-02)

          (d)  The terms of office of Councillors and the Mayor shall commence at 8:00 p.m. on the Monday next following the regular city election at which they are elected.  (Amended 11-2-93)

          (e)  Neither the Mayor nor any Councillor shall hold any elective public office other than a City of Westminster elective office.  (As amended 11-2-93)

Section 3.3.  Wards and Precincts.

          The City of Westminster shall consist on one (1) ward.  The election precincts of the City shall remain as they existed on the effective date of this Charter, until altered by the Council as hereinafter provided.  The Council shall by resolution from time to time establish convenient election precincts in accordance with this Charter and statutes.

Section 3.4. Election Date.

          A regular City election shall be held on the first Tuesday in November in 1959, and of each odd numbered year thereafter.  Special City elections shall be held in accordance with the provisions of this Charter.

Section 3.5.  Special Elections.

          Special City elections shall be held when called by resolution of the Council at least forty (40) days in advance of such election, or when required by this Charter or statute.  Any resolution calling a special election shall set forth the purpose of such election.

Section 3.6.  Notice of Election.

          (Deleted 11-7-95)

Section 3.7.  Voting Hours.

          (Deleted 11-7-95)

Section 3.8.  Nominations.

          (Deleted 11-7-95)

Section 3.9.  Acceptance of Nomination.

          (Deleted 11-7-95)

Section 3.10.  Election Commission.

          An Election Commission is hereby created, consisting of the City Clerk and four (4) qualified and registered electors of the City, who during their term of office shall not be City officers or employees or candidates or nominees for elective City office.  Such four (4) members shall be appointed by the Council for a term of two (2) years at the first January Council meeting following a regular City election.  They shall serve without compensation.  The City Clerk shall be chairperson.  The Election Commission shall appoint the Board of Election, judges and clerks for each precinct and have charge of all activities and duties required of it by statute and this Charter relating to the conduct of elections in the City.  In any case where election procedure is in doubt, the Election Commission shall prescribe the procedure to be followed.  The Election Commission shall provide for ballots and sample ballots, voting machines or electronic voting equipment, for determination of the winner in event of a tie vote, for canvas of returns, and for issuance of appropriate certificates. (as amended 7-29-80)

Section 3.11.  Form of Ballots.

          (Deleted 11-7-95)

Section 3.12.  Election Procedure.

          (Deleted 11-7-95)

Section 3.13.  Canvass of Vote.

          (Deleted 11-7-95)

Section 3.14.  Judges and Clerks.

          (Deleted 11-7-95)

Section 3.15.  Compensation of Judges and Clerks.

          (Deleted 11-7-95)

Section 3.16.  Informalities.

          No informalities in conducting City elections shall invalidate the same, if they have been conducted fairly and in substantial conformity with the requirements of this Charter.

Section 3.17.  Registration.

          Registration of all voters shall be as provided for in the statutes of the State of Colorado as they now exist or may be amended hereafter, including the Colorado Municipal Election Code of 1965 and all other applicable statutes relating to registration of voters, maintenance of the registration list and related matters. (As amended 11-2-71, 11-1-83)

Section 3.18.  Recall. (Amended November 7, 2006)

          Any incumbent of an elective office may be removed from office by the qualified electors of the City after he has held office for six (6) months.

          A petition demanding the recall of the officer sought to be removed and signed by registered electors equal in number to twenty-five (25) percent of all votes cast for all the candidates for that particular office at the last preceding regular election, to conform with Article XXI of the Constitution, shall be addressed to the Council and delivered to the City Clerk not more than sixty (60) days after the affidavit making charges against said officer has been filed.  Such petition shall meet the requirements of this Charter and the duly adopted Code of the City.  Each registered elector signing the petition shall print his name, the date, his home address and County designation after his signature.  Said petition may be in sections of one (1) or more sheets fastened securely at the top, and upon each section of the petition shall be written or printed a copy of the charges previously filed with the City Clerk.  To each petition section there shall be attached a sworn affidavit by the circulator thereof, stating the number of signers thereof and that each signature thereon is the genuine signature of the person whose name it purports to be, and that each signature was made in the presence of the affiant.

          All sections of the petition shall be filed as one (1) instrument, with the endorsement of the names of three (3) persons designated as filing the same.  Provided, however, that prior to the filing of any recall petition one (1) or more registered electors shall file with the City Clerk an affidavit of not more than two hundred (200) words stating the reasons for the recall of the officer sought to be removed.  The City Clerk shall, within forty-eight (48) hours after the filing of said affidavit, mail a copy by registered mail to the officer sought to be recalled, who may file with the City Clerk a sworn statement of not more than three hundred (300) words in defense of charges made against him.

          Within fifteen (15) days of the filing of said petition the City Clerk shall ascertain by examination of the petition and the registration books whether the petition is signed by the requisite number of registered electors and shall attach thereto his certificate showing the result of such examination.  If the petition is insufficient he shall forthwith, in writing, notify one (1) or more of the persons designated on the petition as filing the same.  The petition may be withdrawn and amended within fifteen (15) days from the filing of the certificate.  The City Clerk, within five (5) days after such amendment, shall make like examination of the amended petition and attach thereto his certificate of the result.  If the petition is still insufficient, he shall return it to one (1) of the persons designated thereon as filing it, without prejudice to the filing of a new petition for the same person.

          If the petition or amended petition is found sufficient, the City Clerk shall submit the same with his certificate to the Council without delay and the Council, if the officer sought to be removed does not resign within (5) days thereafter, shall order an election.  Such election shall be held on a Tuesday fixed by the Council not less than forty-five (45) nor more than sixty (60) days from the date that the City Clerk’s said certificate was filed; provided that, if any other City election is to occur within ninety (90) days from the date of the City Clerk’s certificate, the Council shall postpone and consolidate the recall election with such other City elections.

          There shall be printed on the official ballot, as to every officer whose recall is to be voted on, the words: "Shall (name of person against whom the recall petition is filed) be recalled from the office of (.....)?"  Following such question shall be the words "Yes" and "No.”.

          On such ballots, under the question, there shall be printed the names of those persons who have been nominated as candidates to succeed the person sought to be recalled.  Any qualified elector desiring to become a candidate at the recall election shall do so by petition as required by Sections 3.1 and 5.1 hereof, which petition if presented to the City Clerk shall entitle him to have his name placed on the ballot.  The name of the person against whom the petition is filed shall not appear on the ballot as a candidate for the office.

          If the majority of those voting on said question of the recall of any incumbent from office shall vote "NO", said incumbent shall continue in said office; if a majority shall vote "YES", such incumbent shall thereupon be deemed removed from such office upon the qualification of his successor. 

          If a vacancy occurs in said office after a recall election has been ordered, the election to fill the vacancy shall nevertheless proceed as in this article provided.

          No person who has been recalled or has resigned while recall proceedings were pending against him shall serve the City in any capacity within two (2) years after such removal or resignation.