Steve Pomerance

Clear information has been lacking about the rules on the city’s petitioning process. Here are the basics from state and local law: The 1970 home rule amendment to the Colorado Constitution Article XX added Section 9. This grants citizens the power to amend home rule city charters, and directs the Legislature to set the rules for such charter amendments. It also added Section 8, which states that this amendment supersedes any parts of the constitution that are not consistent with it. In 1971, the Legislature passed its Home Rule Act to implement Article XX’s amendments. Its legislative declaration in C.R.S. 31-2-202 states that it supersedes all other provisions. In C.R.S. 31-2-210, the act set the signature percentages and timing rules — 5 percent of registered voters for “regular” (council) elections, 10 percent for “special” (all other) elections, 90 days to collect and submit signatures, and signature submission to be done by 90 days before the election. Boulder Charter Sec...

In 1970, Coloradans passed the “Colorado Home Rule for Local Governments Amendment,” adding Article XX, Section 9, to our state constitution. It states in part: “The general assembly shall provide by statute procedures under which the registered electors of any proposed or existing city and county, city, or town may adopt, amend, and repeal a municipal home rule charter.” Then in 1971, the Legislature implemented this section by adopting C.R.S. 31-2. It declared in C.R.S. 31-2-202: “the policies and procedures contained in this part 2 are enacted to implement section 9 of article XX of the state constitution, adopted at the 1970 general election” and that “this part 2 shall supersede” prior parts of the state constitution. C.R.S. 31-2-210 allows 90 days for circulating and submitting charter amendment petitions, requires submission by 90 days before the election, and requires signing by 5 percent of registered electors for “regular elections” – when council members are elected and...