To: Honorable Mayor and Members of Town Council
From: Robert J. Slentz, Town Attorney
Sally A. Misare, Town Clerk
Title
Ordinance: Amending Section 2.01.300 of the Castle Rock Municipal Code Concerning the Conduct of Special Elections; and Providing for its Emergency Adoption on Second and Final Reading (Second Reading)
Body
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Executive Summary
The ordinance as approved on first reading May 5, 2015 by a vote of 6-0.
This Ordinance amends the Town's Election Code to permit the Town Council to conduct a special election through Douglas County on a date other than the coordinated election in November. This special election will be governed by an intergovernmental agreement with Douglas County. The County will conduct the election under the Uniform Election Code, in a similar manner as the general election is conducted.
Discussion
Currently Section 2.01.300 of the Town's Election Code authorizes the Town Council to conduct a Town special election as a coordinated election with Douglas County. However, there is no authority to conduct a special election with the County at a date other than the November coordinated election date. The Town Charter requires that the special elections be conducted within 60 days but not more than 150 days of the date of the call of the election. The need for special elections may sometimes be driven by referendum or by other statutory deadlines, which deadlines may not permit deferral to a coordinated election. This Ordinance opens the opportunity for the County to conduct a Town special election on other dates. Please note the feasibility of the County conducting a special election on any specific date will be dependent on the County's other commitments. All special elections conducted by the County will be governed by the Uniform Election Code.
Adoption of this Ordinance on an emergency basis on second and final reading will create the option for the Council to call an election ensuing from the pending referendum on Ordinance 2015-09 under this Election Code amendment.
Staff Recommendation
Staff recommends approval of the ordinance as presented for emergency adoption on second reading.
Proposed Motion
"I move to approve Ordinance Amending Section 2.01.300 of the Castle Rock Municipal Code Concerning the Conduct of Special Elections; and Providing for its Emergency Adoption on Second and Final Reading on second reading."
Attachments
Attachment A: Ordinance