Skip navigation

Referred Question 2D - Elected Official Residency


 
 

Ballot Title

Shall the Charter of the City and County of Denver be amended to require elected officials to maintain residency in Denver and, if a district Councilmember, in the district, throughout the term of office?

Note: The Ballot Title will not appear in the Denver Revised Municipal Code. The text of the measure that will appear in the Denver Revised Municipal Code is listed below under Full Text.

Ballot Question Details

Referred Question 2D – Elected Official Residency

BE IT ENACTED BY THE COUNCIL OF THE CITY AND COUNTY OF DENVER:

 

Section 1.  There is hereby submitted to the registered electors of the City and County of Denver for their approval or rejection at a special municipal election held in conjunction with the coordinated election on November 5, 2019, a proposed amendment to the Charter of the City and County of Denver, as follows:

Effective upon publication and filing with the Secretary of State in accordance with the Constitution and laws of the State of Colorado, the following sections of the Charter of the City and County of Denver are amended to read as follows:

§ 2.1.1 - Term and qualifications.

            The Mayor shall be elected for a term of four (4) years, and until a successor is elected and qualified. The Mayor shall be a citizen of the United States; a resident of the City and County of Denver for the two (2) years immediately preceding the election and during the term of office; a qualified elector of the City and County of Denver; at least thirty (30) years of age and shall devote full time to the duties of the office.

§ 3.1.3 - Qualifications.

Each Councilmember shall be a citizen of the United States; a resident of the City and County of Denver for the two (2) years immediately preceding the member's election and during the term of office; a qualified elector of the City and County of Denver; at least twenty-five (25) years of age and if elected from a Council District, the second year of residency shall have been within the district and the Councilmember must reside in the district during the term of office.

§ 3.1.7 - Vacancies in the Office of District Councilmember.

When any District Councilmember is unable, by reason of resignation, unexcused absence as provided in Section 3.1.6 of this Charter, moving from the district in which the Councilmember resided when elected, or death, to perform the duties of office for the time remaining prior to expiration of his or her term of office, the Council shall declare by resolution that a vacancy exists. Such vacancy shall be filled by a special election within the Council District, which shall be called by the Council to be held not less than 30 days nor more than 60 days after the Council declares that such vacancy exists, unless another City-wide election has been scheduled to be held within 90 days after such vacancy is declared; and the candidate receiving the greatest number of votes at said election shall qualify and take such office immediately, and shall hold such office for the unexpired portion of the term in which the vacancy occurs.

§ 3.1.8 - Vacancies in the Office of Councilmember-at-large.

When any Councilmember-at-large is unable, by reason of resignation, death, moving from the City and County of Denver, or unexcused absence as provided in Section 3.1.6 of this Charter, to perform the duties of the office for the time remaining prior to expiration of the term of office, the Council shall declare by resolution that a vacancy exists. Notwithstanding any provision of Section 8.2.3 of this Charter, such vacancy shall be filled by a special election, which shall be called by the Council to be held not less than 120 days nor more than 130 days after the Council declares that such vacancy exists unless another City-wide election has been scheduled to be held within 160 days after such vacancy is declared; and the candidate receiving the greatest number of votes at said election shall qualify and take such office immediately and shall hold such office for the unexpired portion of the term in which the vacancy occurs. If two (2) vacancies exist in the office of councilmember-at-large, then the two (2) candidates who have received the greatest number of votes cast for that office shall fill such vacancies as provided in this Section.

§ 5.1.1 - Vacancy in the Office of Auditor.

            When any Auditor is unable, by reason of resignation, or death, or moving from the City and County of Denver, to perform the duties of the office for the time remaining prior to expiration of his or her term of office, the Council shall declare by resolution that a vacancy exists. Notwithstanding any provision of Section 8.2.3 of this Charter, such vacancy shall be filled by a special election, which shall be called by the Council to be held not less than 120 days nor more than 130 days after the Council declares that such vacancy exists unless another City-wide election has been scheduled to be held within 160 days after such vacancy is declared; and the candidate receiving the greatest number of votes at said election shall qualify and take such office immediately and shall hold such office for the unexpired portion of the term in which the vacancy occurs. Prior to such election for the office of the Auditor, the Mayor shall appoint a qualified person as acting Auditor with confirmation by council resolution.

§ 5.1.2 - Qualifications of Auditor.

            (G)       The Auditor shall be elected for a term of four (4) years, and until a successor is elected and qualified. The Auditor shall be a citizen of the United States; a resident of the City and County of Denver for the two (2) years immediately preceding the election and during the term of office; a qualified elector of the City and County of Denver; at least thirty (30) years of age and shall devote full time to the duties of the office.

§ 8.1.1 - Office of Clerk and Recorder created; qualifications.

There is hereby created the Office of Clerk and Recorder. The Clerk and Recorder shall be a citizen of the United States; a resident of the City and County of Denver for the two (2) years immediately preceding his or her election and during the term of office; a qualified elector of the City and County of Denver and at least twenty-five years of age.

§ 8.1.3 - Vacancy in the Office of Clerk and Recorder.

When any Clerk and Recorder is unable, by reason of resignation, or death, or moving from the City and County of Denver, to perform the duties of the office for the time remaining prior to expiration of his or her term of office, the Council shall declare by resolution that a vacancy exists. Notwithstanding any provision of Section 8.2.3 of this Charter, such vacancy shall be filled by a special election, which shall be called by the Council to be held not less than 120 days nor more than 130 days after the Council declares that such vacancy exists unless another City-wide election has been scheduled to be held within 160 days after such vacancy is declared; and the candidate receiving the greatest number of votes at said election shall qualify and take such office immediately and shall hold such office for the unexpired portion of the term in which the vacancy occurs. Prior to such election for the office of the Clerk and Recorder, the Deputy Clerk and Recorder appointed pursuant to Section 8.1.2(D)(1) shall serve as the acting Clerk and Recorder. 

As prepared by the Department of Finance:

Methodology:
Referred Question 2D proposes amending the City and County of Denver’s charter to require elected officials to maintain residency in Denver and, if a district Councilmember, in the district, throughout the entire term of office. No monetary impacts are anticipated from this change.

Financial Impact:
There is estimated to be no financial impact to the City from the proposed Elected Official Residency charter change.

This measure closes a loophole in the wording of the Charter that currently would not prevent any of the city’s elected officials, after taking office, to move out of the city or the district represented by that official. The current wording requires that an elected official be a resident of the city or the district to be represented for a period of time “immediately preceding the election.” This amendment adds the requirement that the official also maintain city or district residency during the term in office, and creates a vacancy in the office should the official be shown to have moved residency outside the city or district.

 This is merely a common-sense clarification of the intent of having representative government, that the officials representing you also live in your district or city, and that if they move, the office is declared vacant and filled with a qualified office holder.

No arguments against this question were submitted.

Access voter information, register to vote, find a polling place,
view an interactive sample ballot, and track your ballot!

OUR PARTNERS
Inter Neighborhood Cooperation logo League of Women Voters logo Historic Denver logo  Denver Elections Division logo

Inter-Neighborhood
Cooperation
 

League of Women Voters
Denver Chapter

Historic Denver
 

Denver Elections
Division

ABOUT US
Denver Decides logo

 

A Community Partnership for Accessible, Transparent Elections, Denver Decides is a coalition of community civic organizations in Denver comprised of Inter-Neighborhood Cooperation, League of Women Voters, and Historic Denver in cooperation with various neighborhood and civic organizations.

These webpages are presented by the City and County of Denver. The content was created and is maintained by Denver 8 TV.

 
CONTACT US

 

For specific voting and ballot information, please visit the Denver Elections Division

For information about the Denver Decides events, program series or community partnership please contact:

 

OPEN RECORDS REQUESTS

CORA - Citywide Colorado Open Records Fee Policy

In order to pay for the cost of staff, custodians of public records within the City and County of Denver may charge for research and retrieval time necessary to respond to requests for records under the Colorado Open Records Act (“CORA”).  Pursuant to C.R.S. §24-72-205(6), effective July 1, 2014, staff time may be charged at a rate not to exceed $30.00 per hour.  There shall be no charge for the first hour of time for research and retrieval of records.