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Monday, October 26, 2009

LONGMONT'S ELECTION COMMITTEE MAY BE ON SHAKY GROUND

The people of Longmont changed their form of city government from statutory to home rule in 1961. Under Article XX of the Colorado Constitution, which authorizes home rule in local government, they also wrote and adopted the Longmont Municipal Charter.

The Longmont Municipal Code derives most of its power and authority from the Longmont Municipal Charter.

Because of their constitutional quality, home-rule charters are intentionally hard to amend. Consequently, in order for any material to be added or subtracted, or any change be made to the Longmont City Charter, all such proposals must go to a vote of the people. For council to merely pass an ordinance is insufficient.

Which brings us to the forming of the city’s new Election Committee. The City Council may have erred in expanding this committee to seven members from three without first amending the charter, thus conceivably rendering the committee’s work moot. (And please, this may seem trivial unless we’re interested in the Rule of Law. Also, this is no reflection on the individual committee members.) Here’s what the Longmont Municipal Charter says:

2.2 REGISTRATIONS, JUDGES, CLERKS AND ELECTION COMMISSION
The Council shall by ordinance establish the method for the registration of electors; the qualifications and compensation of election judges and clerks, and the boundaries of election precincts. The Council may by ordinance establish an election commission consisting of the city clerk as chairman; and two additional members to be appointed by the Council with such powers, duties, terms and qualifications as provided by ordinance.

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Retired in 1998 after a 50-year career of editing and publishing Colorado small-town weekly newspapers. He served as president of the Colorado Press Association in 1981 and was awarded an honorary lifetime membership.