Initiatives

The City Clerk's Office provides Initiative Guidelines to help community members understand the process for proposing ordinances or resolutions to City Council. Fort Collins registered voters can use this process to place measures on the ballot if City Council doesn't adopt them.

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Initiative Process

Note: The Initiative Guidelines do not apply to Charter Amendments, which is governed by State Statute. Please consult with the City Clerk's Office about the process for Charter Amendments.

Process Start

One or more registered voters start an initiative by filing a written Notice of Intent to circulate an initiative petition. The Notice must have the full text of the proposed ordinance or resolution and state whether a special election is requested. Contact the City Clerk's Office to request a Notice of Intent form. 

Petition

When the City Clerk receives a Notice of Intent, they will provide blank petition forms to use in assembling petition sections. The City Clerk will need to know how many petition sections the representatives plan to assemble and how many signature lines are desired in each section. No petition may be circulated until the City Clerk has approved its form. The City Clerk has 5 business days to approve the form of a petition once it has been submitted.

Circulation

Petition circulators have 77 days to gather signatures. At that point, all sections of the petition must be filed together as one document with the City Clerk. Only people who are 18 years of age or older may circulate a petition section for signatures. Each petition section must be carried by only one circulator; however, a circulator can carry more than one petition section. Circulators must complete an affidavit attached to each petition section after the petition has been circulated. A notary public must witness the circulator sign the affidavit under oath. No additional signatures can be obtained on a petition section after completion of the affidavit.

Signatures

The number of signatures required on an initiative petition depends on the type of election requested:

• Regular Election (November of odd-numbered years): Valid signatures equal to 10% of total ballots cast in the last regular City election
• Special Election: Valid signatures equal to 15% of total ballots cast in the last regular City election

Examination

Once the City Clerk receives the petition (all sections together), they have 15 business days to examine the petitions. The Clerk will determine if the petition is signed by the required number of registered voters and that the petition contains the required details and affidavits.

After examination, the Clerk will deem the petition sufficient or insufficient.

If the City Clerk deems an initiative petition insufficient after the examination or following protest proceedings, the City Clerk will prepare a certificate of insufficiency, which will specify the details of insufficiency. The City Clerk will notify all petition representatives of the insufficiency both verbally and by providing copies of the certificate of insufficiency. The determination will also be posted on the City's website. An insufficient petition may not be amended. It is considered null and void without prejudice to the filing of a new petition for the same purpose.

When the City Clerk deems a petition sufficient, they must certify and present the certified petition to City Council at the next regularly scheduled meeting. The Clerk's certification is the final determination as to the sufficiency of the petition, subject only to the protest procedure described below.

Protest Period

Any registered voter may protest a determination by the City Clerk that a petition is either sufficient or insufficient by filing a written protest under oath in the City Clerk's office within 7 days of the City Clerk's initial determination as to petition sufficiency. The protest must set forth with particularity the grounds of protest and the names and defects in form protested.

If someone files a protest, the City Clerk must set a hearing date within 10 days of the filing. At least 5 days prior to the hearing, the Clerk must mail a copy of the protest to all designated petition representatives, together with a notice of the time for hearing.

The City Manager will appoint a hearing officer for all protest hearings. The hearing officer has the power to issue subpoenas to compel the attendance of witnesses and the production of documents. All records and hearings are public, and all testimony must be given under oath. The hearing must be summary in nature and concluded within 20 business days after the protest was filed. Within 10 business days after the hearing is concluded, the hearing officer must decide and certify the results of the hearing. The City Clerk will make the final determination regarding the sufficiency or insufficiency of a petition and will base such determination on the protest hearing results certified by the hearing officer.

If the results of the protest hearing result in the petition being deemed insufficient, it cannot be amended and the process ends. The petition is considered null and void without prejudice to the filing of a new petition for the same purpose. If the results of the protest hearing result in the petition being deemed sufficient, the City Clerk will certify it and present the certified petition to City Council at its next regularly scheduled meeting. At that meeting the Council can either adopt the proposed ordinance or can refer the item to the ballot for voter approval.

Sample Timeline

Assumes full time period is used at each stage:

• March 20: Notice filed
• March 27: Clerk approval of form for circulation (5 business days)
• June 12: Deadline to file all petition signatures for review (77 days)
• July 7: Clerk Initial Finding (15 business days)
• July 14: Protest filing deadline (7 days)
• July 28: Post Hearing (10 business days from filing)
• July 21: Notice of Hearing (5 business days prior)
• Aug. 11: Conclusion of Hearing (20 business days from filing)
• Aug. 25: Hearing Officer Results and CCO Certification of Results (10 business days from hearing)
• Sept. 1: Resolution going to Council
• Sept. 4: Ballot content due to County