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Home My WebLink AboutAgenda - Full - Election Code Committee - 10/18/2021 - City Clerk 300 LaPorte Avenue PO Box 580 Fort Collins, CO 80522 970.221 .6515 970.221 -6295 - fax fcgov.com/cityclerk AGENDA City Council Election Code Committee October 18, 2021, 12:00-1:30 p.m. Remote Participation available Public Participation Options: Watch the Meeting: Anyone can view the Election Code Committee (ECC) meeting live: Join Zoom Meeting https://fcgov.zoom.us/j/93910757534 Meeting ID: 939 1075 7534 Public Comment: Individuals who wish to address the Committee via remote public participation can do so through the link provided above. The meeting will be available beginning at 11:30 a.m. Monday. To participate: •You need to have a laptop or computer with a microphone and/or headset that includes a microphone. •You need to have access to the internet. •Join the Zoom meeting listed above. •Keep yourself on muted status. Note: •If you are unable to participate via Zoom, you may attend the meeting in person (however, we have very limited capacity based on social distancing recommendations). •Alternatively, you may provide comments to the Committee via email prior to 11:30 a.m. at cityleaders@fcgov.com. Emails will be read by City Leaders; however, not read into the formal meeting record. Committee Members: Mayor Jeni Arndt – Vice Chair Councilmember Tricia Canonico, District 3 - Chair Councilmember Kelly Ohlson, District 5 Councilmember Julie Pignataro, District 2 (alternate) 2021-2022 Main Topics of Discussion in Priority Order 1)Redistricting 2)Campaign Finance Provisions 3)November Elections 4)RCV 5)Public Financing of Elections 6)Election Oversight Board 7)Partisan/Non-Partisan Elections 1. Call Meeting to Order 2. Public Comment - 30 minutes total (limited to 5 minutes per speaker max) 3. Publicly Funded Elections - Katie Setty – Presentation a. Graduate Teaching Assistant b. Political Science Department 4. Redistricting Update: a. IT indicated the redistricting project is not on their work plan – down several FTE. b. Researching the possibility of IT helping coordinate / support finding external resource and getting data handed off. Would still require professional services funding. c. Researched the possibility of tapping existing contractors to assist with redistricting. Concluded that there are currently no consultants under City contract that can do this type of work. d. Reached out to State Demography office – no assistance available. 5. November Elections - Moving from April elections to November coordinated elections. a. Move to November Elections? b. Determine even or odd years? 6. Future Election Code Committee dates with scheduling conflicts. Reschedule or Cancel? a. January 17, 2022 – Martin Luther King Jr. Day b. February 21, 2022 – President’s Day c. June 20, 2022 - Juneteenth 7. Other Business 8. Adjournment ATTACHMENTS: 1) Publicly Funded Elections – PowerPoint Presentation Slide Deck 2) Comparison of April election to November Election 3) Comparison of November Even Year and November Odd Year Elections 4) List of Clerk Duties 5) Larimer County Elections – Cost Estimation 2021 Coordinated Election 6) Cost of November Elections 2011-2017 Next Election Code Committee Meeting: 12:00-1:30 p.m., November 15, 2021 Publicly Funded Elections Municipal Examples and Case Studies Presentation by Katie Setty CSU Political Science Graduate Student Researcher with the CSU Straayer Center for Public Service Leadership Overview Publicly funded elections exist at numerous level of government, including the municipal level. This is done to increase participation in candidates & voters, while limiting overall spending in local elections. 13* municipalities have undertaken some form of public funding for their local elections. There are three different methods of public funding: matching funds, grants, and vouchers. Overview, cont. Cities have chosen to fund certain campaigns, primarily Mayor and/or City Council. Some have funded other positions such as City Attorney, Municipal Judges, Board of Supervisors, City Auditor, and City Prosecutor. Fund Matching Most common program with nine municipalities engaging in some form of fund matching disbursed by the city. Across municipalities the general rule is that candidates must first qualify by raising a certain amount of funds from city residents. City will then match up to a certain amount of small donor donations. Candidates also agree to limit overall spending at a particular threshold. Case Study: Boulder Began in 2000 Candidates must agree not to use more than 20% of personal wealth Expenditure limit 10% of expenditure limit is raised in $25 increments or less to qualify Case Study: Los Angeles Began in 1990 Overseen by Ethics Commission. Must receive 100 donations of $5 and pass minimum fundraising threshold Must agree to participate in a public debate (or host town hall) Grants Similar to fund matching program in that the city disperses money to qualified candidates Instead of matching donations, the money is distributed evenly to candidates. Austin, TX and Santa Fe, NM both use Grants programs Case Study: Austin 1992 Candidates must sign contract with Ethics Commission in relation to expenditure limits Agree to debates arranged by Ethics Commission Will not fund uncontested elections or recall elections Case Study: Santa Fe 1987 Candidates agree to start collection funds at a certain date (May 3rd, 2021) To qualify Mayoral candidates must collect 600 $5 donations from city residents. City Council candidates must collect 150 $5 donations. Seattle: Voucher Program Seattle is a unique case at the municipal level for public funding. This program was established in 2015 via citizen led initiative. Candidates (City Council and City Attorney) sign up to participate in the program. Vouchers are then given to Seattle residents, who distribute the funds to candidates they favor. Funded by new property tax. This is different as most public funding is distributed by the city to qualifying candidates. Comparison of Current City Election vs. November Coordinated Election Current City Election Coordinated Election First Tuesday after first Monday in April in odd- numbered years First Tuesday in November in odd-numbered years Governed by City Charter and City Code, and Municipal Election Code (CRS Title 31, Article 10) and the Colorado Constitution. Governed by Uniform Election Code (CRS Title 1, Articles 1-13) and the Colorado Constitution. City Charter must also be followed or amended as part of the change to election provisions. Conducted by Fort Collins City Clerk’s Office Conducted by Larimer County Elections Cost of election: $344k (April 2021) Cost of election: Unknown CRS 1-7-116 provides for the reasonable sharing of the actual cost of the coordinated election among those participating. If the State participates, it pays a flat $.80 per voter [CRS 1-5- 505.5]. Candidates Nomination petition circulation period: 70-49 days prior to election day Nomination petition circulation period: 91-71 days prior to election day (based on Municipal Election Code provisions) Nomination petitions filed with City Clerk Nomination petitions filed with City Clerk (no change) Deadline to withdraw from nomination: 42 days prior to election Deadline to withdraw from nomination: 63 days prior to election (based on Municipal Election Code provisions) Order of candidates on ballot: alphabetical (based on Charter Article VIII, Section 6) Order of ballot set by Secretary of State Rules. Order of City candidates on ballot: in the order certified by the City. [CRS 1-5-406 states that the order of candidates is determined by lot, but Larimer County has confirmed they will put them in the order we certify to them.] Campaign Finance Campaign Finance Report due dates governed by City Code Campaign Finance Report due dates governed by City Code (no change) Campaign Finance Reports filed with City Clerk Campaign Finance Reports filed with City Clerk (no change) Campaign finance complaints handled by City Campaign finance complaints handled by City (no change) Preparation and Mailing of Ballots Ballot content finalized: 42 days prior to election day (end of business on deadline to withdraw from candidacy or to register as a write-in candidate) Deadline to certify ballot content to County Clerk: 60 days prior to election day (numbers and/or letters assigned to municipal questions are determined by order of submission to the County) Deadline to send ballots to military and overseas voters (UOCAVA): no separate mailing deadline Deadline to send ballots to military and overseas voters (UOCAVA): 45 days before election day Current City Election Coordinated Election Window to mail ballots to all other voters: between 22 and 15 days prior to election (22 days is impractical; goal is to mail 18 days prior to election) Window to mail ballots to all other voters: between 22 and 18 days prior to election day Deadline to cure signature discrepancies: 5 pm on 8th day after election day Deadline to cure signature discrepancies: 5 pm on 8th day after election day (no change) Deadline to receive UOCAVA ballots: 5 pm on 8th day after election day Deadline to receive UOCAVA ballots: 5 pm on 8th day after election day (no change) Provisional ballots: not available Provisional ballots: available only in elections conducted under the Uniform Election Code for voters who do not show identification or voters claiming to be properly registered but whose qualification or entitlement to vote cannot be immediately established Results and Recounts Certification of election results: 10 days after election day Certification of election results: 22 days after election day [CRS 1-10-203(1)] Automatic recount: determined after certification of election results (City pays for recount) Automatic recount: ordered after certification of election results and no later than 25 days after election day [CRS 1-10.5-104] (City pays for recount) Completion of recount: no later than 15 days after election day Completion of recount: no later than 40 days after election day [CRS 1-10-5-104] Requested recount: request filed within 5 days after certification of election results (Requestor pays for recount) Requested recount: request filed within 28 days after election day [CRS 1-10.5-106(2)] (Requestor pays for recount) Completion of requested recount: no later than 15 days after certification of election results Completion of requested recount: no later than the 37th day after election day [CRS 1-10.5- 106(2)] Who can be present to observe the recount: Mandatory recount: any affected candidate (or designee) or petition representative Requested recount: although not specifically stated, staff would allow any affected candidate (or designee) or petition representative, any committee’s registered agent, or, if applicable, the eligible elector who requested the recount (based on City Code Section 7-46) Who can be present to observe the recount: interested parties defined in the statute [CRS 1- 10.5-106(1)] Current City Election Coordinated Election Conduct of recount: the City Clerk is responsible for conducting the recount, and may appoint election workers to assist. All eligible ballots will be rescanned, and readjudicated as applicable. Conduct of recount: If the County has passed the risk-limiting audit [CRS 1-7-515] without error, then only the ballots sent to adjudication will be reexamined. The judges may arrive at different decisions than the original judges performing adjudication. The City can request a rescan of all ballots; this is likely to be very expensive. Pros and Cons Pros and Cons Pros: • Provides 3 opportunities in a 2-year period to present TABOR questions to the voters (November even, April odd, and November odd) • City has some control over costs and number and type of items on the ballot • City can provide postage paid for return ballots • City staff continues to maintain election proficiency needed to conduct special elections Cons: • City has no dedicated election staff • During election cycle, other City Clerk duties are delayed or covered during overtime hours • City-only election may garner less attention, interest and participation by voters Pros: • County handles most election logistics • County has dedicated year-round election staff • Turnout is generally higher in a November election • City still able to conduct special elections at any other time as long as there are no TABOR questions or candidates Cons: • Provides only 2 opportunities in a 2-year period to present TABOR question to the voters (November even and November odd) • Election costs highly variable, unpredictable and out of City’s control or, to a great extent, influence • Length and order of ballot may disadvantage City candidates and questions and reduce voting on those items by those who return ballots (known as ballot fatigue) • The City will not be able to pay postage for return of voted ballots • City staff’s familiarity with conducting an election will wane as time goes on making special elections more difficult to run • Different election procedures for City-run special elections than for coordinated November elections. Other Considerations in Moving to November Coordinated Elections • A series of Charter amendments will be required, including: o Transition plan for Council terms o Possible change to date Council takes office and Mayor Pro Tem is selected o Time period for filling a vacancy at an election (rather than by appointment first) will need to be amended to accommodate County deadlines o Amend Article VIII, Section 1 regarding the applicability of State law to City elections o Amend Article VIII, Section 2 regarding the date of City elections o Amend Article VIII, Section 6 regarding appearance of names on the ballot (alphabetical)? o Amend Article VIII, Section 7 regarding certification of election results o Amend Article VIII, Section 8 to address validity of elections conducted under the UEC? o Amend any other sections of Article VIII if needed o Will need to amend certain deadlines relating to initiative and referendum petitions • A series of Code amendments will be required o Amendment of mail ballot provisions o Amendment of deadlines for nomination petitions, withdrawal of candidacy, and write-in candidates • Need to reconcile provisions relating to recall elections CRS 1-7-116. Coordinated elections - definition (2) The political subdivisions for which the county clerk and recorder will conduct the coordinated election shall enter into an agreement with the county clerk and recorder for the county or counties in which the political subdivision is located concerning the conduct of the coordinated election. The agreement shall be signed no later than seventy days prior to the scheduled election. The agreement shall include but not be limited to the following: (a) Allocation of the responsibilities between the county clerk and recorder and the political subdivisions for the preparation and conduct of the coordinated election; and (b) Provision for a reasonable sharing of the actual cost of the coordinated election among the county and the political subdivisions. For such purpose, political subdivisions are not responsible for sharing any portion of the usual costs of maintaining the office of the county clerk and recorder, including but not limited to overhead costs and personal services costs of permanent employees, except for such costs that are shown to be directly attributable to conducting coordinated elections on behalf of political subdivisions. Notwithstanding any other provision of this section, the state’s share of the actual costs of the coordinated election shall be governed by the provisions of section 1-5-505.5. Where the states reimbursement to a particular county for the costs of conducting a coordinated election pursuant to section 1-5-505.5 is less than the costs of conducting a coordinated election for which the county is entitled to reimbursement by means of a cost-sharing agreement entered into pursuant to the provisions of this subsection (2), such differential shall be assumed by the county. Where the states reimbursement to a particular county for the costs of conducting a coordinated election pursuant to section 1-5-505.5 is greater than the costs of conducting a coordinated election for which the county is entitled to reimbursement by means of a cost-sharing agreement entered into pursuant to the provisions of this subsection (2), the county shall be entitled to retain such differential, with no obligation to return any portion of such amount to the state. Comparison of November Even Year and November Odd Year Elections November Even Year November Odd Year First Tuesday after the first Monday in November First Tuesday in November Governed by CRS Title 1, Articles 1-13 (Uniform Election Code) and rules promulgated by the Secretary of State. City Charter must also be followed. Governed by CRS Title 1, Articles 1-13 (Uniform Election Code) and rules promulgated by the Secretary of State. City Charter must also be followed. Conducted by Larimer County Elections Conducted by Larimer County Elections Cost of election: Unknown CRS 1-7-116 provides for the reasonable sharing of the actual cost of the coordinated election among those participating. If the State participates, it pays a flat $.80 per voter [CRS 1-5-505.5]. Presidential elections are the most expensive elections. Cost of election: Unknown CRS 1-7-116 provides for the reasonable sharing of the actual cost of the coordinated election among those participating. If the State participates, it pays a flat $.80 per voter [CRS 1-5-505.5]. What’s potentially on the ballot in a Presidential election year (in order of appearance on ballot): • President • U.S. Senator • U.S. Representative • University of Colorado Regent • State Senators • State Representatives • District Attorney • County Commissioners • Judges (retention) • Municipal candidates • Ballot Questions o State of Colorado o Larimer County o Municipal o School District(s) o Special Districts  Fire Protection Districts  Local Improvement Districts  Public Improvement Districts  General Improvement Districts  Library Districts  Other Districts o Downtown Development Authority What’s potentially on the ballot in any year (in order of appearance on ballot): • Municipal candidates • School District candidates (see statutory definition of “regular biennial school election” below) • Ballot Questions o State of Colorado o Larimer County o Municipal o School District(s) o Special Districts  Fire Protection Districts  Local Improvement Districts  Public Improvement Districts  General Improvement Districts  Library Districts  Other Districts o Downtown Development Authority November Even Year November Odd Year What’s potentially on the ballot in a nonpresidential election year (in order of appearance on ballot): • U.S. Senator • U.S. Representative • Governor/Lieutenant Governor • Secretary of State • State Treasurer • Attorney General • State Board of Education • University of Colorado Regent • State Senator • State Representatives • County Commissioner • County Clerk and Recorder • County Treasurer • County Assessor • County Sheriff • County Surveyor • County Coroner • Judges (retention) • Municipal candidates • Ballot Questions o State of Colorado o Larimer County o Municipal o School District(s) o Special Districts  Fire Protection Districts  Local Improvement Districts  Public Improvement Districts  General Improvement Districts  Library Districts  Other Districts o Downtown Development Authority CRS 1-4-104. Definitions. . . . (39) “Regular biennial school election” means the election held on the first Tuesday in November of each odd- numbered year. Other Considerations in Choosing Between November Even Year and Odd Year Elections • Candidates in a Presidential election year may realize a very different election experience than those on the ballot in the “off” election. Under the current method, half of the districts plus the Mayor will always be running in a Presidential election year; the Mayor and the other half of the districts will be running in the “off” year. Holding all candidate elections in the odd year may provide a more level experience from election to election. DRAFT 10/13/21 DUTIES OF THE CITY CLERK IF COORDINATING ELECTION IN NOVEMBER Initiative/Referendum • Respond to inquiries about process and timing • Guide petition representatives through process • Prepare timeline scenarios to ensure process achieves desired goal • Notice of Intent filed with City Clerk • Form of petition approved by City Clerk (starting the circulation period) • Submitted petition examined for sufficiency • Present sufficient petition to Council for action or placement on the ballot Candidates All filings are with the City Clerk • Candidate Guidelines • Candidate Briefing • Nomination petitions • Withdrawal from nomination • Write-in candidates • Candidate affidavits • Committee registration • Campaign finance reports o 4 pre-election reports o 2 post-election reports o Termination reports o Annual reports o Amendments • Financial Disclosure Statements • Create and maintain a web page with FAQs based on questions asked by campaigns Committees/Independent Expenditures All filings are with the City Clerk • Issue Committee Guidelines • Committee registration • Campaign finance reports o XX pre-election reports o XX post-election reports o Termination reports o Annual reports o Amendments • Independent Expenditure reports DRAFT 10/13/21 Campaign Violations • Written complaints filed with City Clerk • If the complaint alleges a criminal violation, the City Clerk forwards complaint to respondent and City Attorney, who will evaluate the complaint for probable cause • If the complaint does not allege a criminal violation, the complaint will be subject to a civil infraction process as follows: o The City Clerk will forward the complaint to the respondent o The City Clerk will forward the complaint to the City Attorney, who will review the complaint to determine whether (2) it was timely filed; (2) it contains the information required; and (3) it alleges sufficient facts to support a factual and legal basis for the violations alleged o If the City Attorney determines that the complaint satisfies the three elements in the preceding bullet, the City Attorney will notify the City Clerk, who will, in turn, notify the respondent in writing of the presumptive penalty and that the respondent has seven days from the date of notice to submit written evidence of its cure or diligent efforts to cure the violation o City Attorney reviews response and may, through the City Clerk, request additional information o City Attorney determines whether the respondent cured the violation, and if so, whether the respondent has substantially complied with its legal obligations o If the City Attorney determines that the violation has been cured, the City Attorney will notify the City Clerk who, in turn, will notify the complainant and the respondent and no penalty will apply o If the City Attorney determines the respondent has not cured the alleged violation, the City Attorney may conduct additional review or investigation to determine whether a complaint should be filed with Municipal Court o The City Clerk’s responsibilities end • Maintain documentation of complaints and complaint processing Election Administration • Creation and maintenance of web pages • Publication of legal notices (except the notice of election, which the County will take care of) • Prepare TABOR Notice o Prepare the language for the TABOR notice [for any ballot issue(s) that require a TABOR notice] in compliance with Article X, Section 20 of the Colorado Constitution and any pertinent Code and Rules o Receive written comments relating to ballot issues and summarize such comments as required by TABOR o Certify and submit TABOR notice content to County o Proofread City’s portion of TABOR notice before printing • Online publication of additional notice of an election to create financial obligation (CRS 1-7-908) • Review Address Library Report to ensure that it is an a ccurate representation of the streets contained within the City’s legal boundaries • Certify ballot content to County Clerk • Proofread County’s ballot artwork prior to printing • Provide (or ensure that the City’s certified candidates provide) an audio pronunciation of all candidates’ names as they have been certified to County Clerk • If requested by the County, provide person(s) to participate and assist in the election process • Certify election results to DOLA DRAFT 10/13/21 District-Precinct Map • Adjustment of district boun daries following census • Adjustment of precinct boundaries following notification that County has adjusted precinct boundaries • Review and input on the impact of annexations on precincts and districts Recall Proceedings • Affidavit commencing recall proceedings filed with City Clerk • Affidavit mailed to affected officer • Affected officer may file with the City Clerk a sworn statement in defense of the charges • Form of petition approved by City Clerk (starting the circulation period) • Submitted petition examined for sufficiency • Present sufficient petition to Council • Nomination petitions for candidates to replace the affected officer, if recalled, are filed with the City Clerk • Candidates in a recall election will require: o Candidate Guidelines o Candidate Affidavit o Committee registration o Campaign finance reports o Campaign finance report amendments Fort Collins registered voters as of 10/8/21: 115,236 Election Pymt to LC Questions TABOR In-City Voters Ballots Cast Turnout Nov 2017 $68,690.18 Charter Amdmt; MJ Revision Auth No 118,082 38,097 32.26 State did not have anything on the ballot Nov 2016 $129,436.23 KFCG Excess Retention Yes 123,641 85,570 69.21 Nov 2015 $61,424.95 Broadband No 94,912 31,404 33.09 County did not have anything on ballot Nov 2013 $39,578.53 Fracking Moratorium No 96,824 43,562 44.99 County and State both on ballot Nov 2012 $292,276.27 Repeal Med MJ Ban No 93,075 80,595 86.59 Nov 2011 $16,125.45 Med MJ Ban No 71,251 37,053 52.00 County and State both on ballot Based on number of jurisdictions that are participating and the % of registered voters each has (except the State pays a flat rate per voter). Each is billed a share of the overall costs based on its percentage share of registered voters. If the State and County participate, the overall costs for individual municipalities go down. TABOR items increase costs. Pro-rated among jurisdictions who have TABOR items on the ballot by % of households. Election Cost Questions (in addition to candidates)TABOR Reg. Voters Ballots Cast Turnout Apr 2021 $354,693 5 Chtr amdmts; disp. bags; Hughes No 112,686 42,283 37.52 Apr 2019 $342,663 1 tax question; 1 Charter amdmt Yes 105,407 32,799 31.12 Apr 2017 $231,990 4 Charter amendments No 105,868 29,908 28.25 Apr 2015 $243,380 2 tax questions; 4 Charter amdmts Yes 92,259 34,073 36.94 Apr 2013 $152,163 None No 89,356 26,044 29.15 Apr 2011 $96,483 Ranked Voting; Library Park No 62,260 28,093 45.12 COST TO PARTICIPATE IN NOVEMBER ELECTIONS (even year elections shown in red) COST OF APRIL CITY ELECTIONS