Understanding the 2021 Ballot Results

Ballot Question 3G: Concerning swearing-in of elected officials, ballot submission deadlines, and recall elections.

Election Result: PASSED with 20,444 “Yes” votes to 5,839 “No” votes.

Summary: This ballot question amended the City Charter in three ways:

Pushed back the swearing-in dates for newly elected officials until after the election results have been legally certified. Prior to this initiative, Westminster elected officials were sworn in on the Monday after the election, but Colorado law allows county clerks until the end of the month to complete counts and any necessary recounts before legally certifying the election. This discrepancy could result in a Councillor being sworn in, only to discover upon a recount that they didn’t actually win the election. Passage of this initiative eliminated that possibility.

Extended the deadline for ballot submissions to provide more time for absentee ballots and ballots from military members to reach the county clerk and be counted.

Merged recall elections with general and special elections if the elections would fall within 120 days of each other. Prior to this initiative, recall elections could be held any time, which can be inconvenient for voters and expensive for the City. Passage of this initiative combined the elections, providing convenience for voters and saving taxpayer money.

Ballot Language: Shall the Westminster City Charter, Subsection (d) of Section 3.2 entitled Elective Officers and Terms of Office, Section 3.5 entitled Special Elections, Section 3.18 entitled Recall, be amended to bring these sections into compliance with the requirements of state and federal law, including specifying that an elected officer shall be sworn in after certification of the results of the election, extending election deadlines to allow sufficient time for compliance with the State of Colorado Uniform Military Overseas Voters Act, and the Federal Uniformed Overseas Citizens Absentee Voting Act, and merging recall elections with general and special elections if within 120 days?

Ballot Question 3H: Concerning which entities shall conduct background checks for the City.

Election Result: PASSED with 21,920 “Yes” votes to 4,677 “No” votes.

Summary: This ballot question amended the City Charter to allow third-party organizations to conduct background checks in addition to the City of Westminster Police Department. It was necessary because certain state and federal policies limit when the City PD may conduct background checks.

Ballot Language: Shall the Westminster City Charter, Subsection (d) of Section 5.1 entitled Eligibility for Office and Employment in City, be amended to provide for background checks by third-parties approved by the Westminster Police Department, in addition to the Westminster Police Department itself, in order to bring the charter into compliance with Colorado Bureau of Investigations and NCIC policies and requirements which prevent the City of Westminster Police Department from conducting such checks?

Ballot Question 3I: Concerning the use of gender-neutral pronouns.

Election Result: DEFEATED with 13,816 “No” votes to 13,032 “Yes” votes.

Summary: This ballot question would have amended the City Charter to use gender-neutral pronouns in place of the masculine pronouns that are currently used. All pronouns in the Charter are masculine; feminine pronouns are not used.

Ballot Language: Shall the Westminster City Charter be amended to replace exclusively masculine pronouns with gender neutral pronouns?

Ballot Question 3J: Concerning the creation of election wards within the City.

Election Result: DEFEATED with 14,497 “No” votes to 11,217 “Yes” votes.

Summary: This ballot question would have directed the City to establish a commission to research and provide recommendations related to future Charter amendments that would create geographic election wards within the City. Some or all Councillors would be elected by and would represent residents within those wards rather than be elected by the voters of the entire City.

Ballot Language: Shall the Westminster City Council establish a commission to explore potential future charter amendments providing for the election of some or all city councillors from geographic wards within the City, rather than at-large?

Ballot Question 3K: Concerning allowing marijuana businesses in the City.

Election Result: PASSED with 14,320 “Yes” votes to 12,740 “No” votes. However, because Ballot Issue 3L did not pass, this ballot question will not take effect.

Summary: This ballot question would have amended the City Charter to allow marijuana-related businesses to operate in Westminster, but only if voters also approved Ballot Issue 3L which would have authorized taxes on those marijuana businesses.

Ballot Language: Shall the City of Westminster, Colorado allow the operation of marijuana businesses in the city and amend the Westminster Municipal Code by the addition of new sections permitting, subject to regulations to be adopted by ordinances of the city, certain activities relating to marijuana, and by so doing repeal the sections 5-10-2, 5-10-3, or other sections of the Westminster Municipal Code, to the extent that they are inconsistent with such authorization, allowance of such operations being subject to and expressly contingent upon voter approval of the measure on the November 2, 2021 City of Westminster ballot authorizing additional taxation of marijuana businesses in Westminster, and contingent and only effective upon enactment of appropriate regulations by the City Council?

Ballot Issue 3L: Concerning taxing marijuana businesses in the City.

Election Result: DEFEATED with 13,989 “No” votes to 13,374 “Yes” votes. Because this ballot issue did not pass, Ballot Question 3K also will not take effect.

Summary: This ballot issue asked voters to approve a new tax on retail marijuana businesses operating in Westminster. This ballot issue would have no effect if voters did not also approve Ballot Question 3K.

Ballot Language: Shall City taxes be increased by $2 million annually in the first full fiscal year and by such amounts as are raised annually thereafter by imposing an additional sales tax of 5% on the sale of retail marijuana and retail marijuana products sold within the City, with the tax revenues being used to fund the enforcement of marijuana laws, education and public health programs associated with marijuana consumption including prevention of underage consumption, and other city expenses, and with the resulting tax revenue being allowed to be collected and spent notwithstanding any limitations.

Ballot Issue 3M: Concerning increasing taxes to benefit City public safety departments.

Election Result: DEFEATED with 15,714 “No” votes to 11,554 “Yes” votes.

Summary: This ballot issue asked voters to increase taxes to improve and enhance public safety services in Westminster.

Ballot Language: Shall the City of Westminster taxes be increased 5.0 million dollars annually and by whatever additional amounts are raised annually thereafter by increasing the rate of the Public Safety Sales and Use tax levied on the City by fifteen-hundredths of one percent, beginning on January 1, 2022 and, in connection therewith, shall the City of Westminster debt be increased 25 million dollars with a repayment cost of 34 million dollars (maximum total principal and interest) with all proceeds of debt and taxes to be used exclusively to improve and enhance the safety and security of Westminster residents, to include:

Maintaining the current level and quality of response for public safety emergencies and fires, including police, fire, and municipal court services,
Providing necessary safety gear, equipment, public safety vehicles, and facilities for police officers, firefighters and other first responders,

Ensuring adequate police officers, co-responders, and firefighters necessary to respond to increased emergency calls, and
Improving training and increasing mental health co-responders to safely handle emergency calls,

With the requirement that the funds will be subject to annual independent audit published on the City’s website, and shall the proceeds of such debt, such taxes, any grants received by the City for public safety, and any investment income therefrom be excluded from the spending and the revenue limitations of Article X, Section 20 of the Colorado Constitution?

Ballot Issue 3N: Concerning extending the current tax benefitting parks, open space, and trails in the City.

Election Result: PASSED with 14,847 “Yes” votes to 12,530 “No” votes.

Summary: This ballot issue asked voters to extend the existing Parks, Open Space and Trails (POST) tax until December 21, 2041. This tax specifically benefits the City’s parks, open space, trails and recreation resources.

Ballot Language: Shall the City of Westminster debt be increased 15 million dollars with a repayment cost of 20.2 million dollars (maximum total principal and interest) and without any tax rate increases, shall the City of Westminster extend the current expiration of the one quarter of one percent Parks, Open Space, and Trails sales and use tax until December 21, 2041, for purposes including but not limited to the following:

Protecting water quality by conserving natural areas along creeks,
Protecting, acquiring, improving, repairing and maintaining all city parks, trails, wildlife habitat, open space, parkland, and recreational and other facilities, and
Providing more opportunities for active recreation for children, youth, adults and seniors;

With the requirement that the funds will be subject to an annual independent audit published on the City’s website, and shall the proceeds of such debt, such taxes, any grants received by the City for parks, open space and trails, and any investment income therefrom be excluded from the spending and the revenue limitations of Article X, Section 20 of the Colorado Constitution?