RE: freedom to run our own election?

["Paul Tiger - LPBC - Outreach" <LPBC-O@xxxxxxxxxxxxx>]

Sorry, when I spoke of Boulder I meant Boulder County not COB. When I said
anywhere, I meant any county in Colorado.

Neal - you are quite correct. Title 31 says that any municipality can come
up with its own methods. I don't see anything in Title 31 that specifies
that a muni need be home rule to create it's own method. The references that
you and others have made to COB's home rule status has no bearing. It also
has no bearing in county elections where state or federal issues or
candidates are not on the ballot.
In instances (most) in a countywide election where state or federal issues
or candidates are on the ballot, the CRS and SoS rules do apply.

Since the COB election is a special election, I cannot find that the SoS has
any say in the matter. However, the city of Boulder has already contracted
the county clerk to administrate the city's election. Therefore, I think
that you will find it quite difficult, if not impossible, to get the city
council to reverse itself.

I personally think that the Swiss Voting Method is the best thing that we've
seen and would like to see it used. The upcoming special election in COB
would be a great example for all election jurisdictions, but I believe that
we won't be able to make that happen. The time for this change to the Swiss
Voting Method has passed - IMHO.

Paul Tiger

-----Original Message-----
From: Neal McBurnett [mailto:neal@xxxxxxxxxxxxxxxxx]
Sent: Friday, January 07, 2005 9:51 AM
To: Paul Tiger - LPBC - Outreach
Cc: Cvv-Discuss@Coloradovoter. Net
Subject: freedom to run our own election?

On Thu, Jan 06, 2005 at 11:51:13AM -0700, Paul Tiger - LPBC - Outreach
wrote:
> All that keeps Boulder or anywhere else in CO from using the very cheap
and
> transparent Swiss Voting Method is Donetta Davidson.

I've seen no evidence that the City has to cede any authority at all
to the Secretary of State.  Note that this is a municipal election and
that Boulder is a "Home Rule" municipality, and that this election is
not part of a coordinated election.  There are lots of open questions
in my mind, but I am encouraged by this quote from the Colorado
Revised Statutes:

 ARTICLE 1
 ELECTIONS GENERALLY
 PART 1 DEFINITIONS AND GENERAL PROVISIONS
 1-1-102. Applicability.

 (1) This code applies to all general, primary, congressional vacancy,
 school district, special district, ballot issue, and other authorized
 elections unless otherwise provided by this code. This code applies to
 any municipal election conducted as part of a coordinated election
 except to the extent that this code conflicts with a specific charter
 provision. Any municipality may provide by ordinance or resolution
 that it will utilize the requirements and procedures of this code in
 lieu of the "Colorado Municipal Election Code of 1965", article 10 of
 title 31, C.R.S., with respect to any election.

It may well be that Boulder has adopted this code for its own use, but
that could presumably be changed.  It is the case that the city
council voted recently to contract with the County Clerk to coordinate
the election, and that probably puts further constraints on how it is
run, including potential oversight from the Secretary of State.

Is anyone aware of any other applicable law?  If not, it seems to me
that, thank goodness, Boulder _could_ choose its own path without
requiring the approval of the clerk, county or state.

Whether there is time before March, and whether it would be worth the
costs of setting up our own elections division, are different matters.

Neal McBurnett                 http://bcn.boulder.co.us/~neal/
Signed and/or sealed mail encouraged.  GPG/PGP Keyid: 2C9EBA60