Sec. 54-121. Initiative and referendum petitions—Generally.
(a) Statement of intent. Petition representatives, who shall be registered electors of the city, shall submit to the city clerk a statement indicating their intent to circulate an initiative or referendum petition. Not later than 10 days following the filing of the statement, a complete petition section, including the proposed legislation, in ordinance form, shall be submitted to the city clerk.
(b) All petitions to address municipal legislation, no more than single subject. No petition shall address any matter except "municipal legislation," consistent with Article V, Section 1(9) of the Colorado Constitution, and no petitioned legislation shall address more than one subject, which shall be clearly expressed in its title.
(c) Clerk's initial review of petition section. Within five business days of the petition section being submitted to the clerk pursuant to subsection (a) of this section, the clerk, after consultation with the city attorney and such other city officials that the clerk deems necessary, shall issue a written determination whether the proposed petition concerns municipal legislation and addresses a single subject, and if so, whether the form of the petition section complies with applicable law.
(d) Ballot title. If the city clerk issues a determination that the petition addresses a single subject and concerns municipal legislation, and approves the petition section as to form, the following shall apply:
(1) The city clerk, with the assistance of such other city officials as the clerk deems necessary, shall designate and fix a ballot title and submission clause which shall fairly and accurately express the intent and meaning of the proposed ordinance. Ballot titles shall be brief and shall not conflict with titles selected for any petitions previously filed for the same election. Proceedings for fixing the ballot title and submission clause shall be concluded not later than five business days after the city clerk has issued the written determination pursuant to subsection (c) of this section.
(2) If any person submitting an initiative or referendum petition claims that the clerk's determination pursuant to subsection (c) of this section was in error that person must file a protest with the city clerk no later than three business days after the clerk issues the written determination pursuant to subsection (c) of this section. If any person submitting an initiative or referendum petition claims that the ballot title and submission clause do not fairly express the meaning and intent of the proposed measure, he or she must file a protest within three business days after the ballot title and submission clause are fixed by the city clerk. A hearing on any such protest shall be held before an independent hearing officer not less than 10 or more than 20 days after the protest has been filed. The person filing the protest may appeal an adverse ruling from the hearing officer to the Arapahoe County District Court as set forth in the Colorado Rules of Civil Procedure.
(3) Any qualified elector in Aurora, other than those persons submitting the initiative or referendum petition, who claims that the determination of the clerk pursuant to subsection (c) of this section was in error, or that the ballot title or submission clause do not fairly express the intent and meaning of the proposed ordinance, may file an appeal with a court of competent jurisdiction no later than 10 days after the clerk's determination pursuant to subsection (c) of this section is issued, or no later than 10 days after the ballot title and submission clause are fixed by the clerk, depending on the basis of the protest.
(e) Time for filing.
(1) Initiative. A petition for an initiative ordinance shall be filed with the city clerk not later than 120 days from the date the petition has been approved as to form, pursuant to the provisions of this article. The city clerk shall not accept any petition for filing which is not timely filed under this section. A petition for an initiative ordinance shall be placed upon the ballot at either a regular or special municipal election subject to all constitutional, statutory, and municipal ordinance deadlines having been met.
(2) Referendum. A petition for a referendum shall not be of any force or effect unless filed with the city clerk not later than 30 days following the final publication of an ordinance to which the referendum is applicable. The referendum shall apply to all ordinances passed by the city council, except ordinances fixing the rate of taxation on property each year for municipal purposes, making the annual appropriation, calling a special election, or ordering improvements initiated by petition and to be paid for by special assessments.
(f) Number of signatures.
(1) Initiative. A petition for an initiative ordinance shall be signed by registered electors in a number equal to at least 15 percent of the total vote cast in the last regular municipal election held by the city.
(2) Referendum. A petition for a referendum shall be signed by registered electors in a number equal to at least 10 percent of the total vote cast in the last regular municipal election held by the city. (Ord. No. 2023-38, § 1, 8-28-2023)