Mr. Pfaff’s Homeless Claim

“Resident” is not defined in the Woodland Park Code.   However, the WP Code defers to Colorado statutes for Election Laws.  See: Woodland Park Municipal Code: Section 2.1 – Colorado Municipal Election Laws Adopted.  “City elections shall be governed by the State statutes contained in the Colorado Municipal Election Code of 1965 as now in effect and as may be amended from time to time, except as the City Council may prescribe by ordinance or resolution. All regular and special elections shall be nonpartisan.” (Ord. No. 1266-2016, § 2, 1-21-2016, Approved Election of 4-5-2016).  [Note: the Colorado Municipal Election Code of 1965 was subsequently repealed and reenacted after 1965.]

1. Except for voter registration of “homeless electors”, a person cannot claim living in a campground as a basis for residency:

Colorado Election Code of 1992: Section 1-2-102(1)(a)(II):

“For the purpose of voter registration residence, a homeless elector shall identify a specific location within a county where the elector returns to regularly. This location may include a homeless shelter, a homeless services provider, a park, a campground, a vacant lot, a business address, or any other physical location. If the homeless elector’s registration residence does not include a mailing address, the elector shall also provide a mailing address.”

The ability to claim living in a campground for purposes of residency applies to “homeless electors” (i.e., voters) when registering to vote. It does not apply to candidates for public office.

2. Other than the “homeless elector” exception discussed in 1., above, a recreational vehicle is not a bona fide residence:

Colorado Election Code of 1992: Section 1-2-102(1)(a)(I).

“The residence of a person is the principal or primary home or place of abode of a person. A principal or primary home or place of abode is that home or place in which a person’s habitation is fixed and to which that person, whenever absent, has the present intention of returning after a departure or absence, regardless of the duration of the absence. A residence is a permanent building or part of a building and may include a house, condominium, apartment, room in a house, or mobile home. No vacant lot or business address shall be considered a residence.”

The Colorado Election Code of 1992 does not include “recreational vehicles” as a form of “residence” due to the temporary, transient, intermittent and short-term nature of the occupation of recreational vehicles.

3. Mr. Pfaff is not homeless:

During the December 3, 2020, on-line City Council meeting, at approximately 7:00 pm, Mr. Pfaff admitted he was at his house in Indiana that he owned since 1998.