1437 Bannock St . Denver , Colorado 80202 - Brennan Center for ...

Colo. Const. art. XX, § 6(d).The power of home rule entities and their officers in election matters is limited tomunicipal elections only. Elections involving state matters, including those concerning statewideballot issues and state candidates, fall outside the authority of home rule entities. In re Title,Ballot Title and Submission Clause, and Summary for 1999-2000 #235(a), 3 P.3d 1219, 1225(Colo. 2000). For purposes of elections on statewide ballots or candidates for offices other thanDenver offices, the Clerk is subject to the Uniform Election Code. When an election involvesboth municipal matters and state matters, the Uniform Election Code applies. See, City andCounty of Denver v. Sweet, 138 Colo. 41, 47, 329 P.2d 441, 444 (1958)More importantly, Denver itself has adopted the Uniform Election Code. With respect tolocal and municipal matters, the “statutes of the state of Colorado, so far as applicable, shallcontinue to apply to such cities and towns, except insofar as superseded by the charters of suchcities and towns or by ordinance passed pursuant to such charters.” Vela v. People, 174 Colo.465, 467, 484 P.2d 1204, 1205 (1971) Elections in Denver are “governed by the election laws ofthe State as now existing or hereafter amended or modified except as otherwise provided by thisCharter, or by ordinance pursuant to this Charter hereinafter enacted.” Denv. Charter, § 8.2.1.Likewise, the Denver ordinances state that Denver’s elections are governed by Denver’s charterand ordinances. D.R.M.C. § 15-4(a). The Charter and ordinances do not include any provisionsregarding “inactive-failed to vote” electors in mail ballot elections or election procedures underthe UMOVA.In the election context, Clerk Johnson is subject to the Uniform Election Code.ii. Clerk Johnson is subordinate to the Secretary and must comply with the Secretary’sorders and rules.9