City of Boulder 2G – Change Initiative Petition Procedures

This ballot issue proposes the following timetable and requirements for getting a City of Boulder citizens’ initiative on the ballot.

[NEW] Petitioners submit proposed petition to city manager.
  *Within 15 days the city manager comments on the format or contents.
  *If the petitioners then make substantial changes to the petition unrelated to the city manager’s comments, the petitioners must resubmit the petition to the city manager.

Petitioners begin collecting signatures.
  *Within 180 days the petitioners file the petition with the city clerk.
[NEW – Currently no time limit for collecting signatures]
  *Within 10 days of filing the city clerk announces that
        1) the 5% (of the registered city electors) threshold has not been reached (in which case the petitioners have 10 days to gather the needed signatures or stop the process),
        2) the 5% threshold has been reached, but not the 15% threshold, or
        3) the 15% threshold has been reached.
  *At the next regular city council meeting the clerk will submit the measure to city council which will refer the measure to a committee.
  *Within 60 days the committee will report back to city council. [NEW – 30 days now]
  *Within 60 days of the committee report the city council will take final action [NEW – 30 days now]
        1) Pass the measure or
        2) Put the measure on the ballot
            a) “5% petitions” will be voted upon at the subsequent November election that is more than 120 days from the clerk’s submission to city council [NEW – Now the 5% petition can be voted upon at a special municipal election also. In addition, the petitioners have a 30-day period after city council’s final action in which to collect enough signatures to be a 15% petition.]
            b) 15% petitions will be voted upon
                1] at the subsequent November election that is between 56 days and 6 months away from city council’s final action, or
                2] if the November election is more than 6 months away from city council’s final action, at a special election to be held between 60 and 150 days from council’s final action. [NEW – Now the special election has to be held between 30 and 45 days.]
                3] The proposed city charter language is unclear about the 15% petitions in which the November election is within 56 days of the city council’s final action. I think the spirit of the law would require a special election, but someone might make the argument that the petitioners would have to wait until November of the following year.

Recommendation: for

The city manager would get advance notice of petitions but doesn’t have any power to accept or reject the petition, just advisory power to suggest revisions. Almost 6 months is enough time to collect signatures for an initiative. There is no increased hurdle in the number of signatures. I’m not concerned about eliminating the option of collecting supplemental signatures to change a 5% petition into a 15% petition. My biggest concern is the increased time limits for the city council’s steps to get an initiative on the ballot.


City of Boulder Ballot Question No. 2G (Approved Ballot Language)

Amendment of Initiative Procedures

Shall Sections 38, 38A, 38B, 39, 40, 41 and 42 of the Charter, relating to the procedures for submitting an initiative petition to the City, be amended pursuant to Ordinance No.
7802 to require initiative petitions to:
1) Be simple and clear;
2) Be submitted for review and comment prior to circulation;
3) Have signatures no older than 180 days prior to filing;
4) Expand time for council to hold hearings and take final actions on petitions;
5) Change election timing for initiative petitions; and
6) Related details as specifically set forth in Ordinance No. 7802.
‐ For the measure
‐ Against the measure


See Ordinance No. 7802 to refer 2G to the voters.
http://www.bouldercolorado.gov/files/Elections/2011/Ordinances/7802.pdf