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ORDINANCE NO. 230

AN ORDINANCE ESTABLISHING ELIGIBILITY FOR WRITE-IN CANDIDATES OF MUNICIPAL ELECTIONS AND PROVIDING FOR THE CANCELLATION OF MUNICIPAL ELECTIONS IN THE TOWN OF DEER TRAIL.

WHEREAS, pursuant to Section 31-10-306 (C.R.S.) of the Colorado Municipal Election Code of 1965, as amended, a municipality may require an affidavit of intent for write-in candidates for municipal elections; and,

WHEREAS, pursuant to Section 31-10-507 (C.R.S.) of the Colorado Municipal Election Code of 1965, as amended, a municipality may cancel a municipal election if the only matter before the voters is the election of persons to office and if there are not more candidates than offices to be filled at such election.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF DEER TRAIL, COLORADO:

Section 1. Write-In Candidate Affidavit

No write-in vote for the offices of Mayor and Trustees of the Town Board of Deer Trail shall be counted unless an affidavit of intent has been filed with the Town Clerk prior to twenty days before the day of the election by the person whose name is written in, indicating that such person desires the office and is qualified to assume the duties of the office if elected.

Section 2. Election Cancellation

If the only matter before the voters at a municipal election is the election of persons to the offices of Mayor and Trustees of the Town Board of Deer Trail and if, at the close of business on the nineteenth day before the election, there are not more candidates than offices to be filled at such election, including candidates filing affidavits of intent, upon instruction by resolution of the governing body either before or after such date, the Town Clerk shall cancel the election and by resolution declare the candidates elected. Upon such declaration, all candidates in such canceled election shall be deemed elected. In order to inform the electors of the Town of Deer Trail, notice of the canceled election shall be published, if possible, and posted at the Town of Deer Trail polling places and in not less than one other public place in the Town of Deer Trail.

Section 3. Validity

All prior Ordinances or parts of such prior Ordinances in conflict with the provisions of this Ordinance are hereby repealed. If any paragraph, section, sub-section, sentences, clause or phrase of this Ordinance is for any reason held to be invalid, unconstitutional, and/or unenforceable, such provision shall be deemed to be separate, distinct and independent, and the remaining provisions of this Ordinance shall remain in full force and effect.

Section 4. Effective Period

This Ordinance shall take effect thirty days after passage and publication as required by statute.

INTRODUCED, READ, ADOPTED AND APPROVED this 6th day of December, 2005.

TOWN OF DEER TRAIL, COLORADO

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ATTEST: James F. Johnson, Mayor

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Patti K. Owens, Town Clerk