Clark v. City of Aurora

782 P.2d 771, 13 Brief Times Rptr. 1381, 1989 Colo. LEXIS 431, 1989 WL 135488
CourtSupreme Court of Colorado
DecidedNovember 13, 1989
Docket88SA161
StatusPublished
Cited by17 cases

This text of 782 P.2d 771 (Clark v. City of Aurora) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clark v. City of Aurora, 782 P.2d 771, 13 Brief Times Rptr. 1381, 1989 Colo. LEXIS 431, 1989 WL 135488 (Colo. 1989).

Opinions

Chief Justice QUINN

delivered the Opinion of the Court.

The question in this case is whether sections 14-12(b) and 14-13(b) of the City Code of Aurora, which require a qualified registered elector who signs a referendum petition to print his or her name after the signature and other information pertaining to residence and to designate the date of signing the petition, impose unconstitutional restrictions on the power of referendum reserved to the people by article V, section 1 of the Colorado Constitution. The district court invalidated several portions of the ordinances as facially unconstitutional and held that the city clerk improperly relied upon them in invalidating various signatures on a referendum petition directed to suspending the operation of a municipal tax. We conclude that the Aurora ordinances are not facially unconstitutional as violative of the right of referendum guaranteed by the Colorado constitution, and, therefore, we reverse the judgment of the district court and remand the case to that court for further proceedings.1

I.

The City of Aurora is a home rule municipality located in both Adams County and Arapahoe County. Article VI of Aurora’s city charter states that the power of referendum, with certain exceptions not applicable here,2 shall apply to all ordinances [774]*774passed by the city council, and further states as follows:

If at any time within thirty days after the final passage of an ordinance to which the referendum is applicable, a petition signed by qualified electors equal in number to at least ten (10) percent of the total vote cast in the last regular municipal election is presented to the [city] council protesting any ordinance, the same shall thereupon be suspended and the council shall reconsider such ordinance; and if the same be not entirely repealed, shall submit the same to a vote of the qualified electors of the city in a manner as provided in respect to the initiative at the next regular municipal election, or at a special election called therefor. Such ordinance shall then go into effect if a majority of the qualified electors voting thereon vote in favor thereof, without further publication.

Aurora Home Rule Charter, art. VI, § 6-4 (1961).

On October 27, 1986, the city council passed ordinance 86-153, which imposed a three and one-half percent sales tax on candy and soft drinks sold within the city, with an effective date of February 1, 1987. The taxing ordinance became the subject of a referendum petition filed with the city clerk on November 26, 1986.3 The referendum petition sought, pursuant to Aurora’s city charter, a reconsideration of the ordinance by city council and, if not repealed on reconsideration, a vote of the qualified municipal electors. Since there were 10,974 votes cast in Aurora’s last regular municipal election, 1,097 valid signatures were required for the referendum petition to be effective.

The Aurora City Code requires that a referendum petition be circulated by a qualified registered elector, who must attach to the petition a notarized affidavit stating that “to the best of the circulator’s knowledge and belief each person signing the petition was at the time of signing a qualified registered elector.” Aurora City Code §§ 14 — 12(b)(5) and 14-12(d) (1979).4 The city clerk is prohibited from accepting any petition that lacks the requisite affidavit. Aurora City Code § 14-12(c) (1979). After a referendum petition is filed, the city clerk must review the petition and, if the clerk finds it to be sufficient, must attach a “certificate of sufficiency” to the petition and present it to the city council. Aurora City Code § 14-ll(d) (1979).

Sections 14-12(b) and 14-13(a) of the city code, which are central to this litigation, provide the standards which the city clerk is to employ in determining the sufficiency of a referendum petition. Section 14-12(b) states, in pertinent part, as follows:

Any ... referendum petition circulated within the city shall be signed by qualified registered electors by their own signature, after which the signer shall print his name, his place of residence, including his house and/or apartment number, street address, city, county, and the date of signing same. Signatures which do not contain all the information required [775]*775by this section shall be considered invalid.

Section 14-13(a) supplements section 14-12(b) by requiring the city clerk to complete a review of the petition within ten days after its filing and to initially find signatures of individuals insufficient for the following reasons:

(1) The address subscribed by signer is not located within the city limits of the City of Aurora.
(2) A signature appears on the petition more than once. In such event all signatures of said individual shall be deleted except one.
(3) More than one individual signature on a signature line. In such event only one signature on the line is valid.
(4) An incomplete address being given by an individual (i.e., omitted designation of street, avenue, drive, court, place, way, east, west, etc.).
(5) Omission of information as to city or county.
(6) Omission of a date, an inappropriate date or incomplete date.
(7) The use of ditto marks as a substitute for any required information.

Pursuant to the city code, any qualified registered elector, within twenty days after the referendum petition has been filed with the city clerk, may file a protest “setting forth with particularity the grounds of such protest and the names protested.” Aurora City Code § 14-14(a) (1979). Upon filing of a protest, all proceedings on the referendum are suspended until the city clerk conducts a protest hearing and determines the validity of the protest. Aurora City Code, §§ 14-14(b) and 14-15 (1979).

On December 4, 1986, the city clerk issued an initial certificate of insufficiency striking 859 signatures from the referendum petition. This initial certificate stated that there were 768 valid signatures on the petition, that 67 of the signatures were invalid due to the lack of qualifications of the petition circulators, and that the remaining 792 were stricken for the following reasons:

No City or County 319
Date Errors 200
Street designation/Address 164
Signatures/Printed name 65
Address not in city 26
Miscellaneous 18

When the city clerk finds upon initial review that a petition is insufficient as to form or the number of signatures, the city clerk is required to notify the petition circu-lator of the finding, whereupon the petition may be withdrawn and an amended petition may be refiled within ten days of the declaration of insufficiency. Aurora City Code § 14-15(c) (1979).

Following the city clerk’s declaration of insufficiency, petition circulators filed an additional 613 signatures with the city clerk. On December 16,1986 the city clerk issued a final certificate of insufficiency, declaring 483 of the additional signatures invalid.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Griff v. City of Grand Junction Ex Rel. Tuin
262 P.3d 906 (Colorado Court of Appeals, 2010)
Chandler v. City of Arvada, Colorado
233 F. Supp. 2d 1304 (D. Colorado, 2001)
No.
Colorado Attorney General Reports, 1999
Buckley v. Chilcutt
968 P.2d 112 (Supreme Court of Colorado, 1998)
Polhill v. Buckley
923 P.2d 119 (Supreme Court of Colorado, 1996)
McClellan v. Meyer
900 P.2d 24 (Supreme Court of Colorado, 1995)
Loonan v. Woodley
882 P.2d 1380 (Supreme Court of Colorado, 1994)
Committee for Better Health Care for All Colorado Citizens v. Meyer
830 P.2d 884 (Supreme Court of Colorado, 1992)
Montero v. Meyer
795 P.2d 242 (Supreme Court of Colorado, 1990)
Clark v. City of Aurora
782 P.2d 771 (Supreme Court of Colorado, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
782 P.2d 771, 13 Brief Times Rptr. 1381, 1989 Colo. LEXIS 431, 1989 WL 135488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-city-of-aurora-colo-1989.