§ 15-11. Initiative, referendum, and recall petitions; fiscal impact estimate and ballot information booklet.

(a)

Provisions applicable to all initiative, referendum or recall petitions.

(1)

Form of petitions. Each petition shall be in a style and format specified by the clerk and recorder. Petitions may be circulated in separate sections so long as each section conforms to the petition style and format specified by the clerk and recorder. Circulated copies of each petition shall state the title and have attached the full text of the proposed initiative or referendum. For recall, the circulated copies of each petition shall contain the name of the elected official whose recall is being sought, the office held by the official, and a statement of the grounds upon which recall is being sought. Each petition shall have space provided for signatures and addresses of electors as provided for by the clerk and recorder.

(2)

Signing of petitions. Each registered elector shall provide a signature, the date of signing, the registered elector's full residence address, and other pertinent information as deemed necessary by the clerk and recorder. A registered elector who provided information for the petition may withdraw his or her signature from it by filing a written request with the clerk and recorder up to the time the clerk and recorder determines the petition's sufficiency in accordance with paragraph (a)(5).

(3)

Procedures for verification of signatures and validity of petitions. The clerk and recorder shall establish a method for determining the identity of the electors, including the signatures, full residence address, and the other information required on petitions by ordinance or rules and regulations. The method that applies at the time the petition is approved by the clerk and recorder shall continue to apply for that petition, regardless of changes either in ordinance or rules. No method for determining the validity of the signatures shall be established, amended, supplemented or changed until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard.

(4)

Affidavit of circulators. When filed, the petition shall have attached a notarized affidavit of each circulator. The affidavit shall state that the circulator personally circulated the petition copy, that all signatures were affixed in the circulator's presence, that they are to the best of the circulator's knowledge genuine signatures of registered electors, and that each signer had an opportunity to read the full text and ballot title of the initiative or referendum or the stated grounds for recall. Each circulator shall be a citizen of the United States and at least sixteen (16) years of age at the time he or she circulated the petition section.

(5)

Filing of petitions; determination of sufficiency; protest and hearings. After signatures have been obtained, the petitioners' committee shall file the completed petition with the clerk and recorder by the close of business on a normal business day. All related petition sections shall be filed at the same time. The clerk and recorder shall record the same and shall hold the petition for a period of twenty-five (25) days, during which time the clerk and recorder shall determine whether the petition is signed by the requisite number of registered electors; except that if the petitioners' committee files a completed petition or an addendum during the time that the clerk and recorder is required to have voter service and polling centers open for an election in accordance with the applicable election laws of the State or as may be provided by the Charter, this Code, or any rule or regulation adopted by the clerk and recorder, the twenty-five-day period shall commence on the day after the election. In the event the clerk and recorder determines that the petition contains an insufficient number of signatures, the clerk and recorder shall notify the petitioners' committee of the insufficiency, and the petitioners' committee may cure the insufficiency by filing an addendum to the original petition for the purpose of offering such number of additional signatures as will cure the insufficiency. Any addendum shall be filed within the time period allowed for the original petition as provided in [the] Charter. The clerk and recorder shall record and hold any addendum for an additional period of twenty-five (25) days and verify the signatures on the addendum in the same manner as is provided for the original petition. Within the twenty-five-day period for review of the petition or any addendum thereto, a protest subscribed and sworn to under oath may be filed by a registered elector. A protestor shall identify by name the signers protested against or specify the factual and legal basis of any other alleged defects in the petition. The clerk and recorder shall consider the grounds of protest and may hear evidence, after giving notice of the hearings to the petitioners' committee, the protestors, and others the clerk and recorder may require for the hearings. Hearings shall be concluded and findings issued as soon as practicable but not more than fifty (50) days after the filing of a protest with the clerk and recorder.

(6)

Submission to ballot. Upon a final determination of sufficiency of any initiative or referendum petition pursuant to paragraph (5) of this subsection (a), the clerk and recorder shall immediately notify the city council of the determination in writing.

a.

Unless the city council calls an earlier special municipal election, as provided in paragraph (b)(2) of this section, the clerk and recorder shall submit the initiative to the ballot at the election specified in paragraph (b)(1) of this section.

b.

Unless the city council calls for an earlier special municipal election as provided in paragraph (c)(2) of this section, the clerk and recorder shall submit the referendum to the ballot at the next scheduled citywide election held not less than sixty (60) days after the determination of sufficiency.

c.

Any recall petition finally determined to be sufficient by the clerk and recorder shall be immediately certified to the city council for the scheduling of a recall election in accordance with section 8.3.5(B) of the Charter.

(7)

Public record. From the time of filing, all petitions become public records. Upon completion of proceedings by city council, they shall be preserved by the office of the clerk and recorder.

(b)

Additional provisions applicable to initiative petitions.

(1)

Time for filing. A completed initiative petition shall be filed with the clerk and recorder no later than one hundred eighty (180) days from the date of approval of the affidavit, ballot title, and petition form for the initiative as provided in subsection 8.3.2(C) of the Charter. Effective January 1, 2019. if the initiative petition is sufficient and is filed within one hundred and twenty (120) days of a scheduled citywide election, the clerk will submit the initiative to the ballot for that election, or if a sufficient initiative is filed after one hundred and twenty (120) days of a scheduled citywide election, the clerk will submit the initiative to the next citywide election.

(2)

Optional submission to special election. Upon receipt of written notification that the clerk and recorder has determined an initiative petition to be sufficient as provided in paragraph (a)(5) of this section, in lieu of the clerk and recorder submitting the initiative to the next scheduled citywide election, the city council may, at its discretion, call a special election to be held prior to the next scheduled citywide election for the purpose of submitting the initiated ordinance to the electorate, subject to the limitations set forth in Section 8.2.3 of the Charter.

(3)

Publication of proposed ordinance. The clerk and recorder shall publish the proposed ordinance in a manner consistent with the publication of other ordinances before such election is held.

(c)

Additional provisions applicable to referendum petitions.

(1)

Time for filing. A completed referendum petition shall be filed with the clerk and recorder within ninety (90) days of passage of the ordinance to be referred.

(2)

Optional submission to special election. Upon receipt of written notification that the clerk and recorder has determined a referendum petition to be sufficient as provided in paragraph (a)(5) of this section, in lieu of the clerk and recorder submitting the referendum to the next scheduled citywide election, the city council may, at its discretion, call a special election to be held prior to the next scheduled citywide election for the purpose of submitting the ordinance to the electorate, subject to the limitations set forth in Section 8.2.3 of the Charter.

(3)

Publication of ordinance proposed for referendum. The clerk and recorder shall publish the ordinance proposed for referendum in a manner consistent with the publication of other ordinances before such election is held.

(d)

Additional provisions applicable to recall petitions.

(1)

Time for filing. A petition for recall shall be filed with the clerk and recorder not later than ninety (90) days after filing of the affidavit of the petitioners' committee initiating recall proceedings. Failure to file a petition within this period shall render the recall petition null and void.

(2)

Form of ballot and election procedures. The name of the incumbent sought to be recalled shall be printed as a candidate on the official ballot, unless the incumbent declines or a vacancy exists. Nominations and election of candidates shall be conducted as at a general city and county election, including a run-off election where necessary.

(e)

Fiscal impact estimate and ballot information booklet.

(1)

For any initiated or referred measure subject to the provisions of section 20 of article X of the state constitution, the clerk and recorder shall follow the procedures in state law for ballot issue notices. For all other initiated or referred measures, the clerk and recorder shall compile a fiscal impact estimate and booklet as described in this section.

(2)

The department of finance, or its designee, shall prepare a fiscal impact estimate when:

a.

City council refers a measure to a vote of the people; or

b.

The county clerk and recorder deems an initiative petition as sufficient and submits it to the ballot in accordance with paragraphs (a)(5) and (a)(6) of this section.

(3)

While preparing the fiscal impact estimate, the department must consider the following:

a.

Any fiscal impact estimate provided by the petitioners' committee or city council, as applicable;

b.

The fiscal impact estimate from each city department that would be affected by the initiated or referred measure's passage; and

c.

The fiscal impact estimate of any other interested person who timely submits an estimate to the department.

(4)

The department of finance shall submit the completed fiscal impact estimate to the clerk and recorder no later than sixty (60) days before the election. The clerk and recorder may not modify the estimate provided by the department of finance.

(5)

The clerk and recorder shall prepare a ballot information booklet for any municipal initiated or referred measure covered in paragraph (e)(1) of this section, which shall contain the fiscal impact estimate(s) provided by the department of finance. In doing so, the clerk and recorder shall accept written comments for and against each initiated or referred measure no later than fifty (50) days before the election.

a.

For an initiated measure, the petitioners' committee shall be solely responsible for submitting written comments in favor of the initiative. The clerk and recorder may only accept opposition comments from registered electors of the City and County of Denver and the clerk and recorder may summarize all opposition comments.

b.

For a referred measure, city council shall be solely responsible for submitting written comments in favor of the measure. The clerk and recorder may only accept opposition comments from registered electors of the City and County of Denver and the clerk and recorder may summarize all opposition comments.

(6)

If the petitioners' committee or city council fails to file its written comments by the submission deadline, the clerk and recorder shall state "No comments were filed by the deadline." If a registered elector does not submit any opposition comments by the deadline, the clerk and recorder shall state "No comments were filed by the deadline."

(7)

The clerk and recorder is solely responsible for compiling the summary of written comments.

(8)

The clerk and recorder shall deliver the booklet to voters before the first day to mail ballots to domestic voters under state law. To transmit this information to voters at least cost, the clerk and recorder may combine this booklet with other required election materials or make this booklet available electronically.

(Ord. No. 410-13, § 2, 8-26-13; Ord. No. 0660-18, § 1, 6-25-18; Ord. No. 1464-18, § 1, 1-2-19)