Initiative, referendum, and recall petitions; fiscal impact estimate and ballot information booklet.
Denver Revised Municipal Code § 15-11
in effectSec. 15-11. - Initiative, referendum, and recall petitions; fiscal impact estimate and ballot information booklet.
(a) Initiative, referendum, and recall petitions.
(1) Initiative petitions.
a. Form of petitions. The petition must be in a style and format specified by the clerk and recorder. A petition may be circulated in separate sections as long as each section conforms to the style and format specified by the clerk and recorder. Each petition section must include the title on the front of the petition section and have attached the full text of the proposed initiative. Each petition section must have space for signatures and addresses of electors as provided for by the clerk and recorder.
b. Affidavit of circulators. Each petition section must contain a completed and notarized affidavit of the circulator who circulated the petition section. The affidavit must state that the circulator personally circulated the petition section, that each signature on the petition section was affixed in the circulator's presence, that each signature is to the best of the circulator's knowledge a genuine signature of a registered elector, and that each signer had an opportunity to read the full text and ballot title of the initiative. Each circulator must be a citizen of the United States and at least sixteen (16) years of age at the time the circulator circulated the petition section.
c. Circulation and signing of petitions.
1. Signatures. Each registered elector shall provide a signature, the date of signing, the registered elector's full residence address, and other pertinent information as deemed necessary by the clerk and recorder. A registered elector who provided information for the petition may withdraw his or her signature from it by filing a written request with the clerk and recorder up to the time the clerk and recorder determines the petition's sufficiency.
2. Circulation period. The petitioner's committee has one hundred eighty (180) days from the date of approval of the affidavit, ballot title, and petition form to gather petition signatures and file the completed petition with the clerk and recorder.
d. Filing and review of initiative petitions.
1. Filing, generally. The petitioners' committee shall file the completed petition with the clerk and recorder by the close of business on a normal business day. The petitioner's committee must file all related petition sections at the same time.
2. Timing of filing for placement on the ballot of a specific election. Notwithstanding the one hundred eighty (180) day circulation period, the petitioner's committee must file the completed petition no later than one hundred forty-five (145) days before the date of the election on which the petitioner's committee would like the proposed initiative to appear on the ballot.
3. Verification of signatures and protest. The clerk and recorder shall declare whether the petition contains a sufficient or insufficient number of valid signatures no later than twenty-five (25) days after the petitioner's committee files the petition, except that if the petitioners' committee files a completed petition later than forty-five (45) days before the election, the twenty-five (25) day period shall commence on the day after the election. Within the twenty-five (25) day period for review of the petition, a protest subscribed and sworn to under oath may be filed by a registered elector. The protestor shall identify the signers protested against by name, or specify the factual and legal basis of any other alleged defects in the petition. The clerk and recorder shall consider the grounds of protest and may hear evidence, after giving notice of the hearing to the petitioners' committee, the protestors, and others the clerk and recorder may require for the hearing. Findings shall be issued no later than fifty (50) days after the filing of a protest.
e. Notice to council, optional special election. Upon a final determination of sufficiency of an initiative petition, the clerk and recorder shall immediately notify the city council of the determination in writing. Upon receipt of the notice that the clerk and recorder has determined an initiative petition to be sufficient, the city council may, at its discretion, call a special election to be held before the next scheduled citywide election for the purpose of submitting the initiated ordinance to the electorate, subject to the limitations set forth in Section 8.2.3 of the Charter.
f. Publication. The clerk and recorder shall publish the proposed ordinance in a manner consistent with the publication of other ordinances before the election at which the proposed ordinance will appear on the ballot.
g. Public record. From the time of filing, all petitions for an initiative become public records. Upon completion of proceedings by city council, they shall be preserved by the office of the clerk and recorder.
(2) Referendum petitions.
a. Form of petitions. The petition must be in a style and format specified by the clerk and recorder. A petition may be circulated in separate sections as long as each section conforms to the petition style and format specified by the clerk and recorder. Each petition section must include the title on the front of the petition section and have attached the full text of the referendum. Each petition section must have space for signatures and addresses of electors as provided for by the clerk and recorder.
b. Affidavit of circulators. Each petition section must contain a completed and notarized affidavit of the circulator who circulated the petition section. The affidavit must state that the circulator personally circulated the petition section, that each signature on the petition section was affixed in the circulator's presence, that each signature is to the best of the circulator's knowledge a genuine signature of a registered elector, and that each signer had an opportunity to read the full text and ballot title of the referendum. Each circulator must be a citizen of the United States and at least sixteen (16) years of age at the time the circulator circulated the petition section.
c. Signatures. Each registered elector shall provide a signature, the date of signing, the registered elector's full residence address, and other pertinent information as deemed necessary by the clerk and recorder. A registered elector who provided information for the petition may withdraw his or her signature from it by filing a written request with the clerk and recorder up to the time the clerk and recorder determines the petition's sufficiency.
d. Filing and review of referendum petitions.
1. Filing, generally. The petitioners' committee shall file the completed petition with the clerk and recorder by the close of business on a normal business day. The petitioner's committee must file all related petition sections at the same time.
2. Timing. A completed referendum petition shall be filed with the clerk and recorder within ninety (90) days of final publication of the ordinance.
3. Verification of signatures and protest. The clerk and recorder shall declare whether the petition contains a sufficient or insufficient number of valid signatures no later than twenty-five (25) days after the petitioner's committee files the petition, except that if the petitioners' committee files a completed petition later than forty-five (45) days before the election, the twenty-five (25) day period shall commence on the day after the election. Within the twenty-five (25) day period for review of the petition, a protest subscribed and sworn to under oath may be filed by a registered elector. The protestor shall identify the signers protested against by name or specify the factual and legal basis of any other alleged defects in the petition. The clerk and recorder shall consider the grounds of protest and may hear evidence, after giving notice of the hearing to the petitioners' committee, the protestors, and others the clerk and recorder may require for the hearing. Findings shall be issued no later than fifty (50) days after the filing of a protest with the clerk and recorder.
e. Notice to council, optional special election. Upon a final determination of sufficiency of a referendum petition pursuant to paragraph (5) of this subsection (a), the clerk and recorder shall immediately notify the city council of the determination in writing. Upon receipt of the notice that the clerk and recorder has determined a referendum petition to be sufficient, the city council may, at its discretion, call a special election to be held before the next scheduled citywide election for the purpose of submitting the referendum to the electorate, subject to the limitations set forth in Section 8.2.3 of the Charter.
f. Publication. The clerk and recorder shall publish the ordinance proposed for referendum in a manner consistent with the publication of other ordinances before the election at which the referendum will appear on the ballot.
g. Public record. From the time of filing, all petitions for a referendum become public records. Upon completion of proceedings by city council, they shall be preserved by the office of the clerk and recorder.
(3) Recall petitions.
a. Form of petitions. The petition must be in a style and format specified by the clerk and recorder. A petition may be circulated in separate sections as long as each section conforms to the petition style and format specified by the clerk and recorder. Each petition section must contain the name of the elected official whose recall is being sought, the office held by the official, and a statement of the grounds upon which recall is being sought. Each petition shall have space provided for signatures and addresses of electors as provided for by the clerk and recorder.
b. Affidavit of circulators. Each petition section must contain a completed and notarized affidavit of the circulator who circulated the petition section. The affidavit must state that the circulator personally circulated the petition section, that each signature on the petition section was affixed in the circulator's presence, that each signature is to the best of the circulator's knowledge a genuine signature of a registered elector, and that each signer had an opportunity to read the full text and ballot title of the referendum. Each circulator must be a citizen of the United States and at least sixteen (16) years of age at the time the circulator circulated the petition section.
c. Signatures. Each registered elector shall provide a signature, the date of signing, the registered elector's full residence address, and other pertinent information as deemed necessary by the clerk and recorder. A registered elector who provided information for the petition may withdraw his or her signature from it by filing a written request with the clerk and recorder up to the time the clerk and recorder determines the petition's sufficiency.
d. Filing and review of referendum petitions.
1. Filing, generally. The petitioners' committee shall file the completed petition with the clerk and recorder by the close of business on a normal business day. The petitioner's committee must file all related petition sections at the same time.
2. Timing. A petition for recall shall be filed with the clerk and recorder no later than ninety (90) days after filing of the affidavit of the petitioners' committee initiating recall proceedings, and no less than six (6) months after, nor less than one (1) year before a regularly scheduled municipal election in which the office in question has been or will be filled. Failure to file a petition within this period shall render the recall petition null and void.
3. Verification of signatures and protest. The clerk and recorder shall declare whether the petition contains a sufficient or insufficient number of valid signatures no later than the twenty-five (25) days after the petitioner's committee files the petition, except that if the petitioners' committee files a completed petition later than forty-five (45) days before the election, the twenty-five (25) day period shall commence on the day after the election. Within the twenty-five (25) day period for review of the petition, a protest subscribed and sworn to under oath may be filed by a registered elector. The protester shall identify the signers protested against by name or specify the factual and legal basis of any other alleged defects in the petition. The clerk and recorder shall consider the grounds of protest and may hear evidence, after giving notice of the hearing to the petitioners' committee, the protesters, and others the clerk and recorder may require for the hearing. Findings shall be issued no later than fifty (50) days after the filing of a protest with the clerk and recorder.
e. Certification to council. A recall petition determined to be sufficient by the clerk and recorder shall be immediately certified to the city council for the scheduling of a recall election in accordance with section 8.3.5(8) of the Charter.
f. Form of ballot and election procedures. The name of the incumbent sought to be recalled shall be printed as a candidate on the official ballot, unless the incumbent resigns or a vacancy exists. The setting of a recall election shall be as provided in section 8.3.5. Procedure the nominations and election of candidates shall be the same as fora general election, including a run- off election where necessary.
g. Public record. From the time of filing, all petitions for a recall become public records. Upon completion of proceedings by city council, they shall be preserved by the office of the clerk and recorder.
(b) Fiscal impact estimate and ballot information booklet.
(1) Generally. The clerk and recorder shall follow the procedures in state law for any initiated or referred measure subject to the provisions of section 20 of article X of the state constitution. For all other initiatives and referred ordinances, the clerk and recorder shall compile a ballot information booklet which shall contain a fiscal impact estimate.
(2) Fiscal impact estimate. The manager of finance shall prepare the fiscal impact estimate. When preparing the fiscal impact estimate, the manager of finance shall consider estimates timely provided by any affected city agency or department, the petitioners' committee, city council, or any other interested person. The manager of finance shall submit the completed fiscal impact estimate to the clerk and recorder no later than sixty (60) days before the election. The clerk and recorder may not modify the estimate provided by the manager of finance.
(3) Ballot information booklet. The clerk and recorder, in consultation with the city council executive director and the city attorney, shall compile a ballot information booklet which contains the text and title of the measure and a summary of the major arguments for and against the measure. When preparing the ballot information booklet, the clerk and recorder shall accept written comments from any person submitted no later than sixty (60) days before the election. The clerk and recorder shall deliver the booklet to voters before the first day to mail ballots to domestic voters under state law. The clerk and recorder may combine this booklet with other required election materials or make this booklet available electronically.
(c) Title setting and appeal. The clerk and recorder shall not set a set a title for:
(1) An initiative that contains more than one subject pursuant to section 8.3.1(B) and 8.3.2(E);
(2) An initiative that does not propose municipal legislation pursuant to section 1(9) of article V of the state constitution;
(3) An initiative that the city attorney has not certified as compliant with the requirements of the Charter and any applicable ordinance.
If the clerk and recorder does not set a title for an initiative in accordance with this section, the clerk and recorder shall notify the petitioners' committee by mailing such decision to the address provided by the petitioners' committee no later than five (5) business days after receipt of written notice certifying compliance with section 15-3(d). The petitioners' committee may appeal a decision setting or not setting a title by filing a written request within seven (7) days of the mailing date of the decision. Compliance with the provisions of this subsection shall be a jurisdictional prerequisite to any request for an appeal brought under the provisions of this section, and failure to comply shall forever bar any such action. The clerk and recorder is authorized to appoint one (1) or more hearing officers to consult with the clerk and recorder with respect to any such appeal and to certify the record or a summary thereof as required by the clerk and recorder, along with his or her recommended findings, conclusions, and decision. The clerk and recorder may adopt rules and regulations as may be necessary for administration of this section.
(Ord. No. 410-13, § 2, 8-26-13; Ord. No. 0660-18, § 1, 6-25-18; Ord. No. 1464-18, § 1, 1-2-19; Ord. No. 983-22, § 5, 9-12-22; Ord. No. 2036-25, § 2, 1-5-26)
Source: City and County of Denver, Revised Municipal Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIIREMUCO_CH15EL_ARTIINGE_S15-11INREREPEFIIMESBAINBOFetched: 10/27/2026