To: Honorable Mayor and Members of Town Council
From: Robert J. Slentz, Town Attorney
Sally A. Misare, Town Clerk
Title
Resolution Setting The Date For An Election Pursuant To Statutory Mandate For The Purpose Of Submitting To The Registered Electors Of Town Council District No. 1 The Question Of Whether District No. 1 Councilmember Paul Donahue Should Be Recalled From Office And Prescribing The Manner By Which Such Election Shall Be Conducted
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Section 15-3 of the Town Charter incorporates those provisions of state statutes governing the recall of municipal officials which do not conflict with an express requirement of the Charter. The recall of municipal officials is addressed in 31-4-501 through 507, Colorado Revised Statutes. Staff has applied the Charter and these statutory provisions in all administrative matters related to the petition to recall Councilmember Donahue. On May 2, 2016 the Town Clerk issued the Certification of these matters to Town Council which is attached to the Resolution before Council for action.
With conclusion of the administrative review and determination on (i) the recall petition form, (ii) sufficiency of the petition circulation, and (iii) protests of the sufficiency findings, the Town Council must now set the date for the recall election and determine whether the election will be held as a polling place or mail ballot election. This is the extent of Council authority over the recall proceeding.
Town Council must select an election date that is not less than 30 nor more than 90 days from May 3, 2016. Please note that we view the Charter restriction that a special election may not be called sooner than 60 days as inapplicable to a recall election. In other words, a recall election is not a special election but rather a recall election, as those terms are used in the Charter.
Applying the 30-90 day window, the election may be held between June 3rd and August 1st. Staff is recommending that the recall election be held as a mail ballot election to be conducted by Douglas County pursuant to Intergovernmental Agreement. This will allow for utilization of the County's election personnel and facilities and permit signature verification. The County has advised its preferred date to conduct the election is Tuesday, July 26, 2016, due to other election obligations.
Alternately, the Town Council may set the mail ballot election on any other date, but in that event the election will be run as a Town election without signature verification.
Under the provisions of the Statute, the Council has the option to conduct the recall election as a polling place election. The Town has not conducted a polling place election since approximately 2003, and there are a variety of issues and concerns with holding a polling place election, which will be reviewed in further detail, should Council have an interest in pursuing this option. The County will not provide any support to a polling place election.
Should the Council decide to conduct the election on a date other than July 26, 2016, or as a polling place election, then staff will be prepared to construct a revised resolution at the meeting.
Staff Recommendation:
It is the recommendation of staff that the Town Council set the Recall Election for Tuesday, July 26, 2016 as a mail ballot election and to be conducted in accordance with the Uniform Election Code of 1992 and the applicable IGA with the Douglas County Clerk and Recorder.
Proposed Motion:
“I move to approve Resolution No. 2016-057: A Resolution setting the date for an election pursuant to statutory mandate for the purpose of submitting to the registered electors of Town Council District No. 1 the question of whether District No. 1 Councilmember Paul Donahue should be recalled from office and prescribing the manner by which such election shall be conducted.”
Attachments:
Attachment A: Resolution