2022 Colorado Code
Title 31 - Government - Municipal
Article 4 - Organizational Structure and Officers
Part 2 - Organizational Structure - Cities - City Manager Form
§ 31-4-202. Petition - Election

1. [ Editor's note: This version of subsection (1) is effective until July 1, 2022.] When a petition, signed by five percent of the registered electors of the municipality, requesting an election on the question of adopting the city council-city manager form of government is presented to the city council, the city council shall adopt an ordinance calling for an election upon such question to be held within four calendar months from the date of the presentation of such petition. The petition shall state whether the mayor under such form of government shall be elected by and from among the members of the city council or from the city at large by a plurality of the votes cast for that office at the regular election. The question of adopting such form of government shall be submitted to the registered electors of the city at a special or regular election to be conducted in accordance with the provisions of the "Colorado Municipal Election Code of 1965".

   (1) [ Editor's note: This version of subsection (1) is effective July 1, 2022. ] When a petition, signed by five percent of the registered electors of the municipality, requesting an election on the question of adopting the city council-city manager form of government is presented to the city council, the city council shall adopt an ordinance calling for an election upon such question to be held within four calendar months from the date of the presentation of such petition. The petition shall state whether the mayor under such form of government shall be elected by and from among the members of the city council or from the city at large by the registered electors of the city at the regular election. The question of adopting such form of government shall be submitted to the registered electors of the city at a special or regular election to be conducted in accordance with the provisions of the "Colorado Municipal Election Code of 1965".

2. The mayor or, in case of the disability of the mayor, the mayor pro tem, immediately following the effective date of such ordinance, shall cause notice to be given of such election, which notice shall be given in the manner prescribed by the "Colorado Municipal Election Code of 1965".
3. 1. If the petition requests that the mayor be elected by and from among the members of the city council, the question to be submitted at such election shall be: "Shall the City of  (name of city)  reorganize by adopting the City Council-City Manager form of government as provided in part 2 of article 4 of title 31, Colorado Revised Statutes, with the mayor to be elected by and from among the members of the city council?". The form of ballot or voting machine tabs shall be: "For City Council-City Manager Form - Mayor elected by Council" and "Against City Council-City Manager Form - Mayor elected by Council".
   2. [ Editor's note: This version of subsection (3)(b) is effective until July 1, 2022.] If the petition requests that the mayor be elected from the city at large by a plurality of the votes cast for that office at the regular election, the question to be submitted at such election shall be: "Shall the city of  (name of city)  reorganize by adopting the City Council-City Manager form of government, as provided in part 2 of article 4 of title 31, Colorado Revised Statutes, with the mayor to be elected by a plurality of the votes cast for that office at the regular election?". The form of ballot or voting machine tabs shall be: "For City Council-City Manager Form - Mayor elected by Popular Vote" and "Against City Council-City Manager Form - Mayor elected by Popular Vote".

      (b) [ Editor's note: This version of subsection (3)(b) is effective July 1, 2022. ] If the petition requests that the mayor be elected from the city at large by the registered electors of the city at the regular election, the question to be submitted at such election shall be: "Shall the city of (name of city) reorganize by adopting the City Council-City Manager form of government, as provided in part 2 of article 4 of title 31, Colorado Revised Statutes, with the mayor to be elected by the registered electors of the city at the regular election?". The form of ballot or voting machine tabs shall be: "For City Council-City Manager Form - Mayor elected by Popular Vote" and "Against City Council-City Manager Form - Mayor elected by Popular Vote".

4. The registered electors of any city which has previously reorganized into the city council-city manager form of government under this part 2 may, at any time, petition in the manner set forth in subsection (1) of this section for an election on:
   1. Returning to the original mayor-council form of government;
   2. [ Editor's note: This version of subsection (4)(b) is effective until July 1, 2022.] Retaining the city council-city manager form of government but with the mayor to be elected by a plurality of the votes cast for that office at the regular election rather than elected by and from among the members of the city council; or

      (b) [ Editor's note: This version of subsection (4)(b) is effective July 1, 2022. ] Retaining the city council-city manager form of government but with the mayor to be elected by the registered electors of the city at the regular election rather than elected by and from among the members of the city council; or

   3. Retaining the city council-city manager form of government but with the mayor to be elected by and from among the members of the city council.

Source: L. 75: Entire title R&RE, p. 1028, § 1, effective July 1. L. 87: (1) amended, p. 327, § 79, effective July 1. L. 89: (1) and (3) amended and (4) added, p. 1288, § 4, effective April 6. L. 2021: (1), (3)(b), and (4)(b) amended, (HB 21-1071), ch. 367, p. 2422, § 17, effective July 1, 2022.

Editor's note: This section is similar to former § 31-3-202 as it existed prior to 1975.

Cross references: For the "Colorado Municipal Election Code of 1965", see article 10 of this title.