CO Code § 31-2-210 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 2 - Formation and Reorganization|Part 2 - Municipal Home Rule|§ 31-2-210. Procedure to Amend or Repeal Charter

  Proceedings to amend a home rule charter may be initiated by either of the following methods:   Filing of a petition meeting the following requirements, in the following manner:   The petition process shall be commenced by filing with the clerk a statement of intent to circulate a petition, signed by at least five registered electors of the municipality. The petition shall be circulated for a period not to exceed ninety days from the date of filing of the statement of intent and shall be filed with the clerk before the close of business on the ninetieth day from said date of filing or on the next business day when said ninetieth day is a Saturday, Sunday, or legal holiday.    The petition shall contain the text of the proposed amendment and shall state whether the proposed amendment is sought to be submitted at the next regular election or at a special election. If the amendment is sought to be submitted at a special election, the petition shall state an approximate date for such special election, subject to the provisions of subparagraph (IV) of this paragraph (a) and subsection (4) of this section.    A petition to submit an amendment at the next regular election must be signed by at least five percent of the registered electors of the municipality registered on the date of filing the statement of intent and must be filed with the clerk at least ninety days prior to the date of said regular election.    A petition to submit an amendment at a special election must be signed by at least ten percent of the registered electors of the municipality registered on the date of filing the statement of intent and must be filed with the clerk at least ninety days prior to the approximate date of the special election stated in the petition.       An ordinance adopted by the governing body submitting the proposed amendment to a vote of the registered electors of the municipality. Such ordinance shall also adopt a ballot title for the proposed amendment.       Proceedings to repeal a home rule charter or to form a new charter commission may be initiated by either of the following methods:   Filing of a petition in the manner prescribed by, and meeting the requirements of, paragraph (a) of subsection (1) of this section; except that:   The petition shall state the proposal to repeal the charter or to form a new charter commission;    The petition must be signed by at least fifteen percent of the registered electors of the municipality, regardless of whether the petition seeks submission of the proposal at a regular or special election; and    If the proposal is for formation of a charter commission, the petition must be filed with the clerk at least ninety days prior to the date of the regular election or the approximate date stated in the petition for a special election, as the case may be.       An ordinance adopted by a two-thirds vote of the governing body submitting the proposed repeal or formation of a charter commission to a vote of the registered electors of the municipality.       The clerk shall, within fifteen working days after the filing of a petition pursuant to paragraph   of subsection (2) of this section within fifteen days after such insufficiency is declared, and may be refiled as an original petition. (3.5) If the subject matter of the petition is proposed for submission at a regular or special election that will be coordinated by the county clerk pursuant to section 1-7-116 , C.R.S., and the municipal clerk has certified to the governing body that the petition is valid and sufficient, the clerk shall certify the proposed ballot question to the county clerk and recorder sixty days prior to the coordinated election as provided in section 1-5-203 (3) , C.R.S., unless the petition has by the sixtieth day been determined to be insufficient pursuant to section 31-2-223 . Should the petition be found to be insufficient pursuant to section 31-2-223 following certification to the county clerk and recorder, the election on such question shall be deemed canceled, and any votes cast on the question shall not be counted.       The governing body shall, within thirty days of the date of adoption of the ordinance or the date of filing of the petition (if the same is certified by the clerk to be valid and sufficient), publish notice of an election upon the amendment or proposal, which notice shall contain the full text of the amendment or statement of the proposal as contained in the ordinance or petition. The election shall be held not less than sixty nor more than one hundred twenty days after publication of such notice; except that, if the proposal is for formation of a charter commission, the election shall be held not less than sixty days after publication of such notice. If the amendment or proposal is initiated by petition and is sought to be submitted at a special election, the election shall be held as near as possible to the approximate date stated in the petition, but in any event shall be held within the time limits stated in this subsection (4).    The procedure for the forming and functioning of a new charter commission shall comply as nearly as practicable with sections 31-2-204 to 31-2-207, relating to formation and functioning of an initial charter commission.    If a majority of the registered electors voting thereon vote for a proposed amendment, the amendment shall be deemed approved. If a majority of the registered electors voting thereon vote for repeal of the charter, the charter shall be deemed repealed and the municipality shall proceed to organize and operate pursuant to the statutes applicable to a municipality of its size.     History. Source: L. 75: Entire title R&RE, p. 1017, § 1, effective July 1. L. 79: Entire section R&RE, p. 1170, § 2, effective July 1. L. 85: (1)(a)(I), (1)(a)(II), (1)(a)(IV), and (2)(a)(II) amended, p. 1346, § 15, effective July 1. L. 96: (1)(a)(III) and (1)(a)(IV) amended and (3.5) added, p. 1767, § 61, effective July 1. L. 2000: (1)(b) and (3) amended, p. 791, § 6, effective August 2. L. 2007: (3.5) amended, p. 2046, § 84, effective June 1. L. 2015: (4) amended,(HB 15-1130), ch. 230, p. 855, § 5, effective August 5.    Editor's note:   This section is similar to former § 31-2-110 as it existed prior to 1975.   Cross references:   For the legislative declaration in HB 15-1130, see section 1 of chapter 230, Session Laws of Colorado 2015.   ANNOTATION   The governing body of a home rule city may initiate proceedings to amend the home rule charter by adopting an ordinance to submit the proposed amendment to the voters of the municipality. Wilde v. City of Wheat Ridge, 967 P.2d 213 (Colo. App. 1998).   Municipality may enforce its ordinances regulating the process for amending its charter. This section leaves room for a home rule municipality to establish the criteria for a proposed amendment to its charter. Because there was no conflict between the ordinances and the state constitution, the municipality could enforce its ordinances regulating the process for amending its charter. McCarville v. City of Colo. Springs, , 338 P.3d 1033 .   “To submit” means to present and leave to the judgment of the qualified voters. Wilde v. City of Wheat Ridge, 967 P.2d 213 (Colo. App. 1998).   Ordinance requiring a single subject for citizen-initiated proposals to amend city charter does not alter the charter amendment process outlined in the Municipal Home Rule Act of 1971 (Act), but works in tandem with that process. Neither the city charter nor the Act set requirements for proposed charter amendments. Because the Act's procedures are undisturbed by the city's single-subject rule, the rule does not conflict with or effectively amend the charter provision stating that the Act shall govern the submission of charter amendments. Citizens for Cmty. Rights v. Colo. Springs, , 360 P.3d 271 .   Expiration of emergency ordinance did not invalidate the results of the election since defendants had submitted the proposed charter amendment to the voters prior to the expiration of the emergency ordinance by fulfilling all of the election duties that could be performed before the day of the election. Wilde v. City of Wheat Ridge, 967 P.2d 213 (Colo. App. 1998).