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TC Ord. No. 24-10 Amending the Electoral Code of the Town of Avon's Write-In Candidate RegulationsA Avon COLORADO ORDINANCE NO.24-10 AMENDING THE ELECTORAL CODE OF THE TOWN OF AVON'S WRITE-IN CANDIDATE REGULATIONS WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the Town of Avon ("Town"), the Town Council has the power to make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, Avon Town Code §2.28.010 sets forth that "no write-in vote for the office of Council Member shall be counted unless an affidavit of intent has been filed with the Town Clerk by the person whose name is written in prior to five (5) days before the day of the election indicating that such person desires the office and is qualified to assume the duties of that office if elected"; and WHEREAS, the Avon Town Clerk has had a standing practice of collaborating with the Elections Division of the Eagle County Clerk and Recorder's office on providing voter services and accurately administering coordinated elections; and WHEREAS, Colorado Revised Statute § 1-4-1101 establishes that "A person who wishes to be a write-in candidate for an office in an election shall file an affidavit of intent stating that he or she desires the office and is qualified to assume its duties if elected." and Colorado Revised Statute §1-4-1102(l) establishes that "Time of filing affidavit: (1) Except as provided in subsection (2) of this section, the affidavit of intent shall be filed by the close of business on the sixty-seventh day before a primary election and by the close of business on the one hundred tenth day before any other election. (2) In a nonpartisan election, the affidavit of intent shall be filed by the close of business on the sixty-fourth day before the election. If the election is to be coordinated by the county clerk and recorder, the designated election official shall forward a copy of the affidavit of intent to the coordinated election official."; and WHEREAS, the Elections Division of the Eagle County Clerk and Recorder's has requested that the Town of Avon adopt the same write-in candidate timeline of filing affidavits that the County observes to facilitate an orderly coordinated election; and WHEREAS, the Town Council finds that an orderly coordinated election will promote the health, safety and general welfare of the Avon community; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a Ord 24-10 Amending Write-in Candidate Regulations Page 1 of 4 representation that the Town Council, or any member of the Town Council, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Repeal and Reenact. Avon Town Code §2.28.010 is repealed and re-enacted in its entirety to read: A person who wishes to be a write-in candidate for an office in an election shall file an affidavit of intent stating that he or she desires the office and is qualified to assume its duties if elected. The affidavit of intent for a regular or special Council vacancy shall be filed by the close of business on the sixty-fourth day before the election. If the election is to be coordinated by the county clerk and recorder, the designated election official shall forward a copy of the affidavit of intent to the coordinated election official. Section 3. Amendment. Avon Town Code §2.29.030(b) is amended in its entirety to read: Nominations on recall. Anyone desiring to become a candidate at the recall election shall do so by nominating petition as .o uifea in A t4iele in accordance with Chapter III of the Charter. The deadline for filing a nominating petition for a recall election shall be as established by ordinance of the Council. A person who wishes to be a write-in candidate in a recall election shall file an affidavit of intent stating that he or she desires the office and is qualified to assume its duties if elected. The affidavit of intent must be filed by the deadline for filing nominating petitions established by Council pursuant to this subsection. If more than one (1) officer is sought to be recalled, then the nominating petition must specify which incumbent officer affected by the recall the candidate seeks to succeed. The name of the person against whom the recall petition was filed shall not appear on the ballot as a candidate for that office. Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 5. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Ord 24-10 Amending Write-in Candidate Regulations Page 2 of 4 ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on June 11, 2024. BY: C____11my P illips, Mayor APPROVED AS TO FORM: Nina Williams, Interim Town Attorney ATTEST: Miguel Jauregui ¢isanueva, Town Ord 24-10 Amending Write -In Candidate Regulations Page 4 of 4 Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 8. Codification of Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 9. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on May 28, 2024 and setting such public hearing for June 11, 2024 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: Amy Phillips, Mayor ATTEST: Miguel Jaureg6iykasanueva, Town Ord 24-10 Amending Write -In Candidate Regulations Page 3 of 4 :SEAL* •k.