City of Boulder 2L – Standardize Petition Signature Requirements

The 2L ballot language references the (in?)famous 2018 Ballot Question 2E (which also plays a role in the opposition to this year’s ballot questions 300 and 301). Specifically, 2L states, “Shall Sections 38A, … 44, … and 46 … be amended … consistent with other changes approved by the voters in 2018?”

There was much gnashing of teeth over the interpretation of petition signature requirements in 2020. The city attorney, who was the focus of much of the unhappiness, retired earlier this year. This ballot question is designed to clarify and standardize the signature requirements for initiative, referenda and recall petitions at 10 percent of the average number of voters in the previous two municipal candidate elections.

Section 38A’s words, but not the substance, would be changed from 10% of “the average of the number of registered electors of the city who voted in the previous two municipal candidate elections” to 10% of “the average number of voters in the previous two municipal candidate elections.” Voters have tinkered with the substance in the past – in 2018, as mentioned above, and in 2011 via the passage of 2G.

Section 44 clarifies that a referendum petition must be signed by registered electors and otherwise makes the same wording change as Section 38A. [Read Ballot Question 302 to learn more about an active referendum petition on CU South annexation.]

Section 46 is titled “Certificate of petition” and refers to the city clerk officially declaring or certifying the result of the signature verification and count. Unlike Sections 38A and 44, Section 46 currently requires the number of signatures to be equal to 10% of the city’s registered electors on the day the petition was filed – a different number from the number of signatures that petitioners are told to collect in Sections 38A and 44.

Recommendation: YES/FOR

Consistency is good. Whether or not you agree with a particular petition being circulated, there should be one set of rules for adjudicating the petition.

Let’s hope that city staff did not miss another section that needs a similar update!

Website for the Yes side
No known website – Info on a proponents’ website appreciated.

Website for the No side
No known website – Info on an opponents’ website appreciated.


Approved Ballot Language
City of Boulder Ballot Question 2L

Shall Sections 38A, "Signatures required for initiative, referenda and recall petitions," 44, "Referendum petition," and 46, "Certificate of petition," of the Boulder City Charter be amended to clarify that the number of signatures for initiative, referenda and recall petitions are required to be registered electors of the city and that the number of signatures of registered electors on a referendum petition must be at least ten percent of the average number of voters in the previous two municipal candidate elections consistent with other changes approved by the voters in 2018?

YES/FOR _____
NO/AGAINST _____

Ordinance No. 8486 to put Question 2L to the voters
Ordinance 8486 or go to https://bouldercolorado.gov/nov-2-2021-boulder-election-ballot-measures-and-candidates