Colorado state statute has defined timelines for the consideration of citizen-led initiatives. The timeline related to the Permanent Parking Zone petition and proceedings is summarized below.
As an important item of note, the timeline of events explains the reason the Town of Windsor could not include the Parking Zone ballot measure with the November coordinated election.
Thursday, May 26, 2022 – Petition form submitted to the Town of Windsor Town Clerk. Colorado Revised Statute (CRS) 31-11-106(1) denotes a 5 day review period.
Wednesday, June 1, 2022 – The Petition was approved by the Town Clerk, which began the timeframe for the petition to circulate. Per Windsor’s Home Rule Charter (HRC) 7.1(d), the petitioner had 90 days to circulate the petition.
Petition Requirements: Petition shall be signed by at least 5% of the total number of electors of the Town registered to vote at the last municipal election per HRC 7.1(B). The prior election had 25,649 voters so 5% was 1,283.
Thursday, July 28, 2022 – Petition with signatures submitted to the Town Clerk.
Submittal Requirements: Thirty days to verify eligible voter signatures and determine sufficiency or insufficiency per CRS 31-11-109(3). Day 30 was Saturday, Aug. 27 and since it fell in a Saturday, the date was extended to Monday, Aug. 29.
Protest Requirements: After an initiative or referendum petition is filed, a protest may be filed with the clerk by any registered elector who resides in the municipality. The written protest must be submitted and under oath. Protests must be filed within forty days of the petition filing per CRS 31-11-110(1). Per the same statute, the petition could not go to Town Board prior to the 40-day clock. Day 40 was Tuesday, Sept. 6.
Monday, Aug. 29, 2022 – Town Clerk's initial determination of sufficiency with 2,255 verified signatures. If there's no timely protest, the initial determination becomes the final determination. If there is a protest, the hearing officer's final determination decides final sufficiency.
Tuesday, Sept. 6, 2022 – Petition protest filed with the Town Clerk. CRS 31-11-110(1) reads: “The clerk shall forthwith mail a copy of such protest to the persons designated as representing the petition and to the protester, together with a notice fixing a time for hearing such protest that is not less than 5 or more than 10 days after the notice is mailed.”
Wednesday, Sept. 7, 2022 – The Notice of Protest Hearing Date mailed to all parties representing the petition and the protest.
Friday, Sept. 9, 2022 – Deadline for ballot content to be certified and submitted via resolution to be included on the November general election ballot. CRS 1-5-203(3)(a)
Per CRS 31-11-104(1), the proposed Ordinance may be adopted without alteration by the Town Board within twenty days following the final determination of petition sufficiency.
Resolution adopted. Since the proposed Ordinance was not adopted by Town Board, Town Board must refer the proposed legislation in the form petitioned to the registered electors of the municipality. The election must not be held less than 60 days and no more than 150 days after the final determination of petition sufficiency.
Monday, Sept. 19, 2022 - Hearing officer decision distributed to all parties.
Friday, Dec. 9, 2022 - Statutory deadline for mailing to military and overseas voters per the Uniformed and Overseas Citizens and Absentee Voting Act (UOCAVA).
Tuesday, Jan. 3, 2023 - Deadline to mail ballots to registered electors of the municipality.