§ 31-2-210 — Procedure to amend or repeal charter

(1) Proceedings to amend
a home rule charter may be initiated by either of the following methods:

(a) Filing of a petition meeting the following requirements, in the following
manner:

(I) 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.

(II) 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.

(III) 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.

(IV) 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.

(b) 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.

(2) Proceedings to repeal a home rule charter or to form a new charter
commission may be initiated by either of the following methods:

(a) Filing of a petition in the manner prescribed by, and meeting the
requirements of, paragraph (a) of subsection (1) of this section; except that:

(I) The petition shall state the proposal to repeal the charter or to form a new
charter commission;

(II) 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

(III) 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.

(b) 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.

(3) The clerk shall, within fifteen working days after the filing of a petition
pursuant to paragraph (a) of subsection (1) of this section or paragraph (a) of
subsection (2) of this section, certify to the governing body as to the validity and
sufficiency of such petition. If the petition is sufficient, the governing body shall set
a ballot title for the proposed amendment at its next meeting. If the petition is
declared insufficient, such petition may be withdrawn by a majority of the persons
representing the registered electors who signed such petition, may be amended or
signed by additional registered electors of the municipality in accordance with
paragraph (a) of subsection (1) of this section and paragraph (a) 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.

(4) 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).

(5) 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.

(6) 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.

Legislative 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.