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City Clerk
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PO Box 580
Fort Collins, CO 80522
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970.221-6295 - fax
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AGENDA
City Council Election Code Committee
August 2, 2018, 12:00‐1:30 p.m.
Council Information Center (CIC) Room, 300 LaPorte Avenue
Committee Members: Councilmember Bob Overbeck, District 1
Councilmember Kristin Stephens, District 4 (Chair)
Councilmember Ross Cunniff, District 5
1. Call Meeting to Order
2. Citizen Comment (limited to 5 minutes per speaker)
3. Approval of July 5, 2018 Committee Meeting Minutes
4. Discussion Items:
a. Follow‐up discussion of July 17, 2018 Council Work Session (independent expenditures and
paid for by requirements) and further recommendations.
5. Other Business
a. Financial Disclosure Statements Code clean‐up
6. Adjournment
There are three or more members of City Council that may attend this meeting. While no formal action will be
taken by the Council at this meeting, the discussion of public business will occur and the meeting is open to the
public.
City of Fort Collins Page 1
July 5, 2018
ELECTION CODE COMMITTEE MEETING
12:00 PM
PRESENT: Overbeck, Stephens, Coldiron, Malarky, Knoll, Gonzales, Daggett
(Councilmember Cunniff was absent)
CITIZENS PRESENT: Marge Norskog, Jody Deschenes, Sam Houghteling
1. CALL MEETING TO ORDER
Councilmember Stephens called the meeting to order.
2. CITIZEN COMMENT
Marge Norskog thanked the Committee for its thoughtful approach to evaluating and recommending
changes to the Election Code. She discussed a meeting she and others had with Councilmembers
Martinez and Summers wherein two outstanding issues were discussed: “paid for by” statements and
adding resources to the City Clerk’s Office budget for election support. She stated both
Councilmembers seemed supportive of a “paid for by” statement on all election communications and
were both open to the possibility of adding resources to the Clerk’s Office; however, they were unable
to commit support without having the context of how it fits into the budget. She requested the
Committee add an item to the agenda to provide an update on the City Clerk’s budget offer for
additional resources and to discuss what assistance citizens might offer in advocating for increasing
election funding before the citizen comment period closes on July 8.
City Clerk Coldiron stated all offers have been submitted and the Budget Lead Team will start its work
this week.
Councilmember Stephens noted citizens have the ability to comment on the budget process beyond
July 8 in the form of emails or other correspondence, work sessions, and two public hearings.
Councilmember Overbeck stated citizen comments are most effective throughout the budget
evaluation process.
City Attorney Daggett noted the City Manager makes a formal budget recommendation to Council in
early September; therefore, it may be difficult for Councilmembers to effectively respond to citizen
comments until after that time.
3. APPROVAL OF MAY 3, 2018 COMMITTEE MEETING MINUTES
Councilmember Overbeck made a motion, seconded by Councilmember Stephens, to adopt the May
3, 2018 Committee meeting minutes. The motion was adopted by unanimous consent.
4. ELECTION-RELATED CHANGES FOR DISCUSSION
a. Independent Expenditures – Expenditure Amount Triggering Reporting Requirement
City Attorney Daggett stated staff has discussed the possible benefit in asking the Committee to
consider an increase in the triggering threshold for independent expenditures. She noted the existing
threshold of $100 is quite low and is a strict requirement. Longmont and Loveland both have slightly
higher thresholds and Denver and the State have $1000 thresholds.
City Attorney Daggett stated staff has suggested a $200 threshold, which matches the initial threshold
for small-scale issue committees. Councilmembers Overbeck and Stephens supported the $200
threshold as recommended.
Malarky stated the important issue is to capture significant expenditures while being mindful of not
being too stringent.
City of Fort Collins Page 2
b. “Paid for By” Statements
Malarky noted staff has provided a detailed memo regarding some of the legal issues around a “paid
for by” requirement. He stated staff has provided a suggested Code revision that would apply a “paid
for by” statement requirement to candidates, candidate committees, issue committees, political
committees, as well as independent expenditures for a qualifying communication. Malarky stated this
requirement mirrors that of the City and County of Denver and includes language similar to federal
language regarding the form and technical aspects of the disclaimer.
Councilmember Overbeck requested additional clarity related to what materials should require the
disclaimer. Malarky stated messages within envelopes should have the disclaimer and City Attorney
Daggett suggested the possibility of the exterior envelope requiring the disclaimer.
Councilmember Stephens suggested the main issue is with large fliers with a great deal of text and
statements represented as fact rather than with simple messages such as “Vote for Bob Overbeck.”
Councilmember Overbeck asked if the City and County of Denver’s Code language was written
recently. Malarky replied some language changes have been made recently; however, the general
disclaimer requirement has been in its Code since the 1990s or early 2000s.
Councilmember Stephens stated she would consider holding an executive session to seek legal
advice concerning this topic.
Councilmember Overbeck made a motion, seconded by Councilmember Stephens, that the Election
Code Committee go into executive session for the purpose of meeting with the City Attorney and staff
to discuss specific legal questions related to the manner in which particular policies, practices, or
regulations of the City related to campaign finance disclosures and disclaimers may be affected by
existing or proposed provisions of federal, state, or local law, as permitted under Section 2-31(a)(2) of
the City Code and Colorado Revised Statute Section 24-6-402(4)(b). The motion was adopted by
unanimous consent.
(Secretary’s Note: The Committee went into executive session at this point in the meeting.)
After the executive session, Councilmember Stephens made a motion to change the “paid for by”
disclosure requirement to apply only to registered committees. City Attorney Daggett and Malarky
discussed necessary language changes. Councilmember Overbeck agreed with the proposed
change.
Independent Expenditures (continued)
Councilmember Overbeck made a motion, seconded by Councilmember Stephens, to reconsider
Section 7-139, Independent Expenditures. The motion was adopted by unanimous consent.
Councilmember Stephens stated it may be better for the City to be in line with the state on
independent expenditures, which has a $1000 threshold. Councilmember Overbeck agreed and
bringing the change forward for Council consideration was supported by unanimous consent.
5. EDUCATION/ORIENTATION
City Clerk Coldiron stated dialogue from the last meeting included the suggestion of having some
type of educational class for voters, potential candidates, or heads of issue committees. The Clerk’s
Office would like to consider this possibility; however, there may not be enough resources to make it
happen for the 2019 election. The Clerk’s Office would like to invite people in for some type of City
Works 101-type class on elections, perhaps in January.
City of Fort Collins Page 3
Councilmember Overbeck stated the Secretary of State’s office provides orientations for County and
State candidates. He suggested the creation of a video informing citizens and potential candidates of
the new changes prior to gaining necessary resources for a more detailed orientation.
Chief Deputy City Clerk Knoll stated the Clerk’s Office is planning to provide handouts highlighting
changes when committees register.
City Attorney Daggett stated using a form of communication wherein everyone receives the same
information is preferable.
6. OTHER BUSINESS
City Attorney Daggett stated staff will work on an Ordinance to be presented before Council for First
Reading on July 17.
Chief Deputy City Clerk Knoll stated staff would like to have new guidelines available in September.
Committee members discussed the timeline and necessity for upcoming meetings and opted to
cancel the remaining meetings scheduled for 2018 and to meet after the April 2019 election.
7. ADJOURNMENT
The meeting adjourned by unanimous consent at 1:40 PM.
DATE:
STAFF:
July 17, 2018
Delynn Coldiron, City Clerk
Rita Knoll, Chief Deputy City Clerk
Ryan Malarky, Legal
Carrie Daggett, City Attorney
WORK SESSION ITEM
City Council
SUBJECT FOR DISCUSSION
Election Code Amendments.
EXECUTIVE SUMMARY
The purpose of this item is to discuss proposed amendments to the City’s election campaign code provisions that
will raise the threshold requirement for reporting of i ndependent expenditures, ensure that the campaign violation
complaint process applies to reporting of independent expenditures, and require “paid for by” disclaimers on
campaign communications for registered committees.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. What concerns or questions does Council have regarding the proposed Code amendments?
2. Should staff bring the proposed Code amendments forward for Council consideration on July 24, 2018?
BACKGROUND / DISCUSSION
In 2015, Council formed an ad hoc committee to review, discuss and recommend changes to the City Code and
Charter regarding elections and other related matters. In 2017, Council made the ad hoc committee a standing
committee of the Council for the purpose of identifying and evaluating ideas for improvements to City election
laws and practices and anticipating adjustments that may be needed to adapt to a rapidly changing legal and
technological environment. Councilmembers Cunniff, Overbeck, and Stephens have continuously served in this
capacity since 2015.
Since the original formation of the ad hoc Committee, Council has considered and adopted four Ordinances
amending various provisions of Chapter 7. This Ordinance represents a continuation of the work to make
improvements. Most of the amendments contained in this Ordinance are considered to be noncontroversial, and
enacting them at this time will be advantageous as preparations begin for the 2019 City Election.
A summary of the proposed amendments, in the order they appear in the ordinance follows:
Increased Threshold for Reporting Independent Expenditures:
This Ordinance will change the threshold requirements for reporting independent expenditures from $100 to
$1,000. Staff research has found that there is some m ovement by courts to scrutinize more closely burdens on
political speech. As well, staff research found that other Colorado jurisd ictions have higher thresholds ranging
from $250 to $1,000, with $1,000 being the most prevalent limit. Similarly, the State of Colorado requires certain
report regulations for independent expenditures exceeding $1,000. This change has been recommended by the
Election Code Committee to more appropriately align the City’s reporting requirements for independent
expenditures with applicable law and other jurisdictions.
July 17, 2018 Page 2
Extension of Campaign Violation Provisions to Independent Expenditures
Staff has identified that the current Code provisions establishing the complaint process for campaign violations do
not specifically cover violations by persons regarding independent expenditures. This Ordinance provides a
change to add independent expenditure violations to the list of actions subject to the citizen complaint process.
NOTE: The need for correction was discovered after the last meeting of the Committee, and the Committee has
not had an opportunity to discuss it.
“Paid for By” Disclaimer on Campaign Communications
This Ordinance requires a “paid for by” disclaimer on campaign communications for all registered committees.
Because registered committees are already subject to reporting and other process requirements, it was
determined that this added step would not be unreasonably burdensome and would provide important
transparency to the voting public in connection with local ca mpaign literature and advertising. Staff is not
recommending at this time that the City require “paid for by” disclaimers for communications by others that are not
registered committees, such as those paid for as independent expenditures, pending updated direction from the
courts on this issue. This change has been recommended by the Election Code Committee.
Next Steps
If Council supports consideration of the proposed Code amendments, staff requests they be considered on First
Reading on July 24, with Second Reading on August 21, so that any proposed changes that are adopted can be
included in election materials in September. City Clerk staff is striving to have all election materials available to
the public in September. One candidate is already registered for the April 2019 election and is awaiting candidate
guidelines and related forms.
ATTACHMENTS
1. Proposed Code Amendments (draft) (DOCX)
2. July 5, 2018 minutes (draft) (PDF)
3. Powerpoint presentation (PPTX)
DRAFT FOR DISCUSSION PURPOSES ONLY
-1-
ORDINANCE NO. ___, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 7 OF THE CODE OF THE CITY OF FORT COLLINS
TO AMEND REQUIREMENTS AND PROCEDURES RELATED TO CAMPAIGNS AND
CAMPAIGN FINANCE IN CITY ELECTIONS
WHEREAS, Chapter 7 of the City Code sets out procedures and requirements for
redistricting of Council districts, for the conduct of City elections, for disclosure of campaign
finance information, and other related matters; and
WHEREAS, in 2015, the City Council formed an ad hoc committee, including
Councilmembers Cunniff, Overbeck and Stephens, to review, discuss and recommend the most
beneficial changes to the Code and City Charter regarding elections and other related matters; and
WHEREAS, in January 2017, Council made the ad hoc Committee a standing committee
of the Council for the purpose of identifying and evaluating ideas for improvements to City
election laws and practices and anticipating adjustments that may be needed to adopt to a changing
legal and technological environment, for Council consideration; and
WHEREAS, as a result of the Committee’s work (as both an ad hoc committee and a
standing committee), Ordinance No. 021, 2016, Ordinance No. 005, 2017, Ordinance No. 045,
2018, and Ordinance No. 077, 2018, were considered and adopted by the Council to update various
provisions of Chapter 7; and
WHEREAS, the Committee continued to meet in 2017 and 2018, and has recommended
additional clarifications and amendments to Chapter 7; and
WHEREAS, the Committee has recommended that the threshold for reporting independent
expenditures be raised from $100 to $1,000; and
WHEREAS, the Committee has recommended the creation of a new requirement that
committees otherwise required to register with the City also be required to include disclaimers on
campaign communications to identify the committee making the communication, whether the
communication is coordinated with a candidate, and the source of funding for the communication;
and
WHEREAS, staff has recommended that the citizen complaint process for campaign
violations be changed to also apply to violations committed by individual persons, including
violations related to independent expenditures; and
WHEREAS, these amendments generally improve and clarify the City’s campaign finance
disclosure and election requirements and processes; and
DRAFT FOR DISCUSSION PURPOSES ONLY
-2-
WHEREAS, these amendments further the City’s interest in shedding light for the public
on the expenditure of money to influence the outcome of City elections, while balancing the
speakers’ interest in freedom of political speech; and
WHEREAS, the Council desires to enact the recommendations of the Committee and staff
in order to clarify and improve the various provisions of Chapter 7, as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 7-139 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-139. Independent expenditures.
Any person or political committee making independent expenditures totaling more than
one hundred dollars ($100.) one thousand dollars ($1,000.) shall deliver notice in writing
of such independent expenditures to the City Clerk no later than three (3) business days
after the day that such funds are obligated. Said notice shall include the following
information:
. . .
Section 3. That reserved Section 7-140 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-140. Responsibility for communications.
(a) Whenever a candidate, candidate committee, issue committee, or political
committee makes an expenditure for the purpose of financing communications expressly
advocating a particular result in an election, or solicits any contribution or contribution in-
kind through any broadcasting station, newspaper, magazine, outdoor advertising facility,
direct mailing or any other type of general public political advertising, such communication
if paid for or authorized by a candidate, candidate committee, issue committee, or political
committee or their agents, shall clearly state that the communication is paid for by that
candidate, candidate committee, issue committee, or political committee.
(b) In regard to the different forms of communication set forth in subsection (a) of this
Section 7-140, “communication” shall include, but shall not be limited to:
(1) Websites of a candidate, candidate committee, political committee, or issue
committee available to the general public; and
DRAFT FOR DISCUSSION PURPOSES ONLY
-3-
(2) Advertisements placed for a fee on another person’s website.
(c) The statement required by this Section 7-140 must be clear and conspicuous in the
communication. The statement required herein shall not apply to communications where
including the statement would be impractical, such as:
(1) Bumper stickers, pins, buttons, pens and similar small items upon which the
disclaimer cannot be conveniently printed;
(2) Skywriting, water towers, wearing apparel, or other means of displaying an
advertisement of such a nature that the inclusion of a disclaimer would be
impracticable; or
(3) Checks, receipts, and similar items of minimal value that are used for purely
administrative purposes and do not contain a political message.
(d) Nothing herein shall be deemed to alleviate any person from complying with
federal campaign finance law, as applicable.
Section 4. That Section 7-145 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-145. Allegation of campaign violation.
(a) Any candidate or registered elector of the City ("complainant") who has reason to
believe a violation of Chapter 7, Article V, of this Code, has occurred by any person,
candidate, candidate committee, issue committee, small-scale issue committee or political
committee may file a written complaint to the City Clerk, no later than sixty (60) days after
the alleged violation has occurred.
. . .
Introduced, considered favorably on first reading, and ordered published this 17th day of
June, A.D. 2018, and to be presented for final passage on the 21st day of August, A.D. 2018.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 21st day of August, A.D. 2018.
DRAFT FOR DISCUSSION PURPOSES ONLY
-4-
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
City of Fort Collins Page 1
July 5, 2018
ELECTION CODE COMMITTEE MEETING
12:00 PM
PRESENT: Overbeck, Stephens, Coldiron, Malarky, Knoll, Gonzales, Daggett
(Councilmember Cunniff was absent)
CITIZENS PRESENT: Marge Norskog, Jody Deschenes, Sam Houghteling
1. CALL MEETING TO ORDER
Councilmember Stephens called the meeting to order.
2. CITIZEN COMMENT
Marge Norskog thanked the Committee for its thoughtful approach to evaluating and recommending
changes to the Election Code. She discussed a meeting she and others had with Councilmem bers
Martinez and Summers wherein two outstanding issues were discussed: “paid for by” statements and
adding resources to the City Clerk’s Office budget for election support. She stated both
Councilmembers seemed supportive of a “paid for by” statement on all election communications and
were both open to the possibility of adding resources to the Clerk’s Office; however, they were unable
to commit support without having the context of how it fits into the budget. She requested the
Committee add an item to the agenda to provide an update on the City Clerk’s budget offer for
additional resources and to discuss what assistance citizens might offer in advocating for increasing
election funding before the citizen comment period closes on July 8.
City Clerk Coldiron stated all offers have been submitted and the Budget Lead Team will start its work
this week.
Councilmember Stephens noted citizens have the ability to comment on the budget process beyond
July 8 in the form of emails or other correspondence, work sessions, and two public hearings.
Councilmember Overbeck stated citizen comments are most effective throughout the budget
evaluation process.
City Attorney Daggett noted the City Manager makes a formal budget recommendation to Council in
early September; therefore, it may be difficult for Councilmembers to effectively respond to citizen
comments until after that time.
3. APPROVAL OF MAY 3, 2018 COMMITTEE MEETING MINUTES
Councilmember Overbeck made a motion, seconded by Councilmember Stephens, to adopt the May
3, 2018 Committee meeting minutes. The motion was adopted by unanimous consent.
4. ELECTION-RELATED CHANGES FOR DISCUSSION
a. Independent Expenditures – Expenditure Amount Triggering Reporting Requirement
City Attorney Daggett stated staff has discussed the possible benefit in asking the Committee to
consider an increase in the triggering threshold for independent expenditures. She noted the existing
threshold of $100 is quite low and is a strict requirement. Longmont and Loveland both have slightly
higher thresholds and Denver and the State have $1000 thresholds.
City Attorney Daggett stated staff has suggested a $200 threshold, which matches the initial threshold
for small-scale issue committees. Councilmembers Overbeck and Stephens supported the $200
threshold as recommended.
Malarky stated the important issue is to capture significant expenditures while being mindful of not
being too stringent.
ATTACHMENT 2
City of Fort Collins Page 2
b. “Paid for By” Statements
Malarky noted staff has provided a detailed memo regarding some of the legal issues around a “paid
for by” requirement. He stated staff has provided a suggested Code revision that would apply a “paid
for by” statement requirement to candidates, candidate committees, issue committees, political
committees, as well as independent expenditures for a qualifying communication. Malarky stated this
requirement mirrors that of the City and County of Denver and includes language similar to federal
language regarding the form and technical aspects of the disclaimer.
Councilmember Overbeck requested additional clarity related to what materials should require the
disclaimer. Malarky stated messages within envelopes should have the disclaimer and City Attorney
Daggett suggested the possibility of the exterior envelope requiring the disclaimer.
Councilmember Stephens suggested the main issue is with large fliers with a great deal of text and
statements represented as fact rather than with simple messages such as “Vote for Bob Overbeck.”
Councilmember Overbeck asked if the City and County of Denver’s Code language was written
recently. Malarky replied some language changes have been made recently; however, the general
disclaimer requirement has been in its Code since the 1990s or early 2000s.
Councilmember Stephens stated she would consider holding an executive session to seek legal
advice concerning this topic.
Councilmember Overbeck made a motion, seconded by Councilmember Stephens, that the Election
Code Committee go into Executive Session for the purpose of meeting with the City Attorney and
staff to discuss specific legal questions related to the manner in which particular policies, practices, or
regulations of the City related to campaign finance disclosures and disclaimers may be affected by
existing or proposed provisions of federal, state, or local law, as permitted under Section 2-31(a)(2) of
the City Code and Colorado Revised Statute Section 24-6-402(4)(b). The motion was adopted by
unanimous consent.
(Secretary’s Note: The Committee went into Executive Session at this point in the meeting.)
After the executive session, Councilmember Stephens made a motion to change the “paid for by”
disclosure requirement to apply only to registered committees. City Attorney Daggett and Malarky
discussed necessary language changes. Councilmember Overbeck agreed with the proposed
change.
Independent Expenditures (continued)
Councilmember Overbeck made a motion, seconded by Councilmember Stephens, to reconsider
Section 7-139, Independent Expenditures. The motion was adopted by unanimous consent.
Councilmember Stephens stated it may be better for the City to be in line with the state on
independent expenditures, which has a $1000 threshold. Councilmember Overbeck agreed and
bringing the change forward for Council consideration was supported by unanimous consent.
5. EDUCATION/ORIENTATION
City Clerk Coldiron stated dialogue from the last meeting included the suggestion of having some
type of educational class for voters, potential candidates, or heads of issue committees. The Clerk’s
Office would like to consider this possibility; however, there may not be enough resources to make it
happen for the 2019 election. The Clerk’s Office would like to invite people in for some type of City
Works 101-type class on elections, perhaps in January.
City of Fort Collins Page 3
Councilmember Overbeck stated the Secretary of State’s office provides orientations for County and
State candidates. He suggested the creation of a video informing citizens and potential candidates of
the new changes prior to gaining necessary resources for a more detailed orientation.
Chief Deputy City Clerk Knoll stated the Clerk’s Office is planning to provide handouts highlighting
changes when committees register.
City Attorney Daggett stated using a form of communication wherei n everyone receives the same
information is preferable.
6. OTHER BUSINESS
City Attorney Daggett stated staff will work on an Ordinance to be presented before Council for First
Reading on July 17.
Chief Deputy City Clerk Knoll stated staff would like to have new guidelines available in September.
Committee members discussed the timeline and necessity for upcoming meetings and opted to
cancel the remaining meetings scheduled for 2018 and to meet after the April 2019 election.
7. ADJOURNMENT
The meeting adjourned by unanimous consent at 1:40 PM.
July 17, 2018
Election Code Amendments
Delynn Coldiron, City Clerk; Rita Knoll, Chief Deputy City Clerk
Carrie Daggett, City Attorney
Changes Discussed
•Independent Expenditure Reporting
•Independent Expenditure Violations
•“Paid for By” Disclaimers
2
General Direction/Questions
1.What concerns or questions does Council have regarding the
proposed Code amendments?
2.Should staff bring the proposed Code amendments forward for
Council consideration on July 24, 2018?
3
Proposed Code Amendments
4
Issue Recommended Action
1.Independent
Expenditure Reporting
Threshold
2.Independent
Expenditure Violations
Adopt Code language changing threshold
requirement from $100 to $1,000.
Adopt Code language to ensure failure to
report independent expenditures is covered
under complaint process provisions.
Proposed Code Amendments
5
Issue Recommended Action
3.Paid for By Disclaimer •Require for registered committees
•Reporting and other requirements
•Independent expenditures not included
•Incremental approach will allow review of
impacts before expanding requirement
Enforcement
6
Image from showmeinstitute.org
Options/Next Steps
1.No further changes recommended due to significant changes
already made and not yet tested.
2.Move forward with these changes.
1.First Reading –July 24, 2018
2.Second Reading –August 21, 2018
7
General Direction/Questions
1.What concerns or questions does Council have regarding the
proposed Code amendments?
2.Should staff bring the proposed Code amendments forward for
Council consideration on July 24, 2018?
8
Questions
THANK YOU!
9
FOR ELECTION CODE COMMITTEE FOR DISCUSSION PURPOSES ONLY
-1-
ORDINANCE NO. ___, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 7 OF THE CODE OF THE CITY OF FORT COLLINS
TO AMEND REQUIREMENTS AND PROCEDURES RELATED TO CAMPAIGNS AND
CAMPAIGN FINANCE IN CITY ELECTIONS
WHEREAS, Chapter 7 of the City Code sets out procedures and requirements for
redistricting of Council districts, for the conduct of City elections, for disclosure of campaign
finance information, and other related matters; and
WHEREAS, in 2015, the City Council formed an ad hoc committee, including
Councilmembers Cunniff, Overbeck and Stephens, to review, discuss and recommend the most
beneficial changes to the Code and City Charter regarding elections and other related matters;
and
WHEREAS, in January 2017, Council made the ad hoc Committee a standing committee
of the Council for the purpose of identifying and evaluating ideas for improvements to City
election laws and practices and anticipating adjustments that may be needed to adopt to a
changing legal and technological environment, for Council consideration; and
WHEREAS, as a result of the Committee’s work (as both an ad hoc committee and a
standing committee), Ordinance No. 021, 2016, Ordinance No. 005, 2017, Ordinance No. 045,
2018, and Ordinance No. 077, 2018, were considered and adopted by the Council to update
various provisions of Chapter 7; and
WHEREAS, the Committee continued to meet in 2017 and 2018, and has recommended
additional clarifications and amendments to Chapter 7; and
[RECITALS TO BE UPDATED BASED ON FINAL VERSION AND COMMITTEE ACTION
WHEREAS, the Committee has recommended that the threshold for reporting
independent expenditures be raised from $100 to $1,000; and
WHEREAS, the Committee has recommended the creation of a new requirement that
committees otherwise required to register with the City also be required to include disclaimers
on campaign communications to identify the committee making the communication, whether the
communication is coordinated with a candidate, and the source of funding for the
communication; and]
WHEREAS, staff has recommended that the citizen complaint process for campaign
violations be changed to also apply to violations committed by individual persons, including
violations related to independent expenditures; and
WHEREAS, these amendments generally improve and clarify the City’s campaign
finance disclosure and election requirements and processes; and
FOR ELECTION CODE COMMITTEE FOR DISCUSSION PURPOSES ONLY
-2-
WHEREAS, these amendments further the City’s interest in shedding light for the public
on the expenditure of money to influence the outcome of City elections, while balancing the
speakers’ interest in freedom of political speech; and
WHEREAS, the Council desires to enact the recommendations of the Committee and
staff in order to clarify and improve the various provisions of Chapter 7, as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 7-133 of the Code of the City of Fort Collins is hereby
amended, in the definition of “independent expenditure,” to read as follows:
Independent expenditure shall mean the payment of money by any natural
person for the purpose of advocating the election, defeat or recall of a
candidate, which expenditure is not controlled by, or coordinated with,
any candidate or any agent of such candidate. Independent expenditure
shall include expenditures for political messages which unambiguously
refer to any specific public office or candidate for such office.
Independent expenditure shall also include the payment of money by
any natural person for supporting or opposing a ballot issue or ballot
question that is not controlled by, or coordinated with, an issue
committee. Independent expenditure shall include, but not be limited
to, advertisements placed for a fee on another person's website or
advertisement space provided for no fee or a reduced fee where a fee
ordinarily would have been charged.
Independent expenditure shall not include:
(1) Expenditures made by persons, other than political committees, in
the regular course and scope of their business and political
messages sent solely to their members; or
(2) Any news articles, editorial endorsements, opinion or commentary
writings, or letters to the editor printed in a newspaper, magazine or
other periodical not owned or controlled by the candidate, or
communications other than advertisements posted or published on
the internet for no fee.
Section 3. That Section 7-133 of the Code of the City of Fort Collins is hereby
amended, in the definition of “political committee,” to read as follows:
FOR ELECTION CODE COMMITTEE FOR DISCUSSION PURPOSES ONLY
-3-
Political committee shall mean two (2) or more persons who are elected, appointed or
chosen, or have associated themselves, for the purpose of making contributions to
candidate committees, issue committees or other political committees, or for the
purpose of making independent expenditures that are not coordinated with a
candidate or committee subject to the terms of this Article. Political committee shall
not include:
(1) Issue committees, or cCandidate committees, issue committees or small-scale
issue committees, as otherwise defined in this Section; or
(2) Any partnership, committee, association, corporation, labor organization or other
organization or group of persons previously established for a primary purpose
outside of the scope of this Article.
Political message shall mean a message delivered by telephone, any print or electronic
media or other written material which advocates the election or defeat of any
candidate or which unambiguously refers to such candidate.
Section 4. That Section 7-139 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-139. Independent expenditures.
Any natural person or political committee who makes making independent expenditures
in connection with all City of Fort Collins matters on any particular ballot totaling in the
aggregate more than one hundred dollars ($100.) nine hundred ninety-nine dollars ($999.)
shall report any such independent expenditures to the City Clerk on a form provided by
the City Clerk deliver notice in writing of such independent expenditures to the City
Clerk no later than three (3) business days after the day that such funds are obligated to
pay for said independent expenditure. Said notice shall include the following information,
together with any other information required:
. . .
Section 5. That reserved Section 7-140 of the Code of the City of Fort Collins is
hereby amended to read as follows:
Sec. 7-140. Responsibility for communications.
(a) Whenever a candidate, candidate committee, issue committee, political committee
or registered small-scale issue committee makes an expenditure for the purpose of
financing communications expressly advocating a particular result in an election, or
solicits any contribution or contribution in-kind through any broadcasting station,
newspaper, magazine, outdoor advertising facility, direct mailing or any other type of
general public political advertising, such communication if paid for or authorized by a
candidate, candidate committee, issue committee, political committee, registered small-
scale issue committee, or any agent for the same, shall clearly state that the
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communication is paid for by that candidate, candidate committee, issue committee,
political committee or registered small-scale issue committee.
(b) In regard to the different forms of communication set forth in subsection (a) of
this Section 7-140, “communication” shall include, but shall not be limited to:
(1) Websites of a candidate, candidate committee, issue committee, political
committee or registered small-scale issue committee available to the general
public; and
(2) Advertisements placed for a fee on another person’s website.
(c) The statement required by this Section 7-140 must be clear and conspicuous in the
communication. The statement required herein shall not apply to communications where
including the statement would be impractical, such as:
(1) Bumper stickers, pins, buttons, pens and similar small items upon which
the disclaimer cannot be conveniently printed;
(2) Skywriting, water towers, wearing apparel, or other means of displaying
an advertisement of such a nature that the inclusion of a disclaimer would be
impracticable; or
(3) Checks, receipts, and similar items of minimal value that are used for
purely administrative purposes and do not contain a political message.
(d) Nothing herein shall be deemed to alleviate any person from complying with
federal campaign finance law, as applicable.
Section 6. That Section 7-145 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-145. Allegation of campaign violation.
(a) Any candidate or registered elector of the City ("complainant") who has reason to
believe a violation of Chapter 7, Article V, of this Code, has occurred by any person,
candidate, candidate committee, issue committee, small-scale issue committee or political
committee may file a written complaint to the City Clerk, no later than sixty (60) days
after the alleged violation has occurred.
. . .
Introduced, considered favorably on first reading, and ordered published this 17th day of
June, A.D. 2018, and to be presented for final passage on the 21st day of August, A.D. 2018.
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__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 21st day of August, A.D. 2018.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk