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Home My WebLink AboutAgenda - Full - Election Code Committee - 06/16/2022 -City Clerk 300 Laporte Avenue PO Box 580 Fort Collins, CO 80522 970.221.6515 970.221-6295 - fax fcgov.com/cityclerk elections@fcgov.com AGENDA City Council Election Code Committee June 16, 2022, 1:15 p.m. -2:45 p.m. CIC Conference Room, City Hall, 300 Laporte Ave 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/98692205326 Meeting ID: 986 9220 5326 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 12:30 p.m. Thursday. 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 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 Packet Page001 1.Call Meeting to Order 2.Roll Call 3.Public Comment - 30 minutes total (limited to 5 minutes per speaker max) 4.Public Comment Follow-up 5.Consideration and approval of the May 31, 2022, Committee Meeting Minutes Attachment: May 31, 2022 Draft Minutes 6.Consideration of Redistricting Options and Possible Recommendation Attachments: Agenda Memo and Draft Maps 7.Review of Potential Charter Amendment Ballot Questions Attachments: Agenda Memo; Draft Ballot Questions 8.Review of Potential Campaign Finance Code Amendments Attachments: Agenda Memo; Draft Code Amendments 9.Review of Timeline for Priorities: •May 2022 Call for Special Election - COMPLETED •June/July 2022 Present ballot language to Council; Campaign finance amendments ordinance to Council •July 2022 Redistricting Ordinance 10.Other Business 11.Adjournment Next Scheduled Election Code Committee Meeting: 12:00-1:30 p.m., June 27, 2022 (shifted one week later due to holiday on standard meeting date) Packet Page002 (Page 3) (Page 6) (Page 23) (Page 33) City of Fort Collins Page 1 May 31, 2022 ELECTION CODE COMMITTEE MEETING 10:00 AM COMMITTEE MEMBERS PRESENT: Canonico, Arndt, Ohlson OTHER COUNCILMEMBERS PRESENT: Gutowsky, Francis, Peel STAFF PRESENT: Marcus Bodig, Rita Knoll, Ryan Malarky, Tammi Pusheck, Carrie Daggett, Anissa Hollingshead 1.CALL MEETING TO ORDER 2.ROLL CALL 3.PUBLIC COMMENT None. 4.PUBLIC COMMENT FOLLOW-UP None. 5.CONSIDERATION AND APPROVAL OF THE MAY 9, 2022 COMMITTEE MEETING MINUTES Councilmember Canonico made a motion, seconded by Mayor Arndt, to approve the May 9, 2022 meeting minutes. The motion was adopted unanimously. (**Secretary’s Note: Councilmember Ohlson arrived at this point in the meeting.) 6.PRESENTATION OF REDISTRICTING OPTIONS AND POSSIBLE RECOMMENDATION City Clerk Hollingshead outlined the history of the four options for redistricting and stated, based on the previous meeting’s discussion, staff has presented what was then option three developed by a resident, and a new option four which makes a slight change to option three. She stated there have been some recent issues with population counts due to the County’s precincts not adhering to census block groups. Marcus Bodig, GIS, further detailed the population count issue. Mayor Arndt asked how big of an issue has been created. Bodig replied there are 10 to 20 instances of block groups being cut out of perhaps 500 or so. Councilmember Ohlson asked why the City and County Clerk’s Offices do not coordinate on these issues. City Clerk Hollingshead replied the two redistricting processes are independent as the County must ensure it is adhering to state statute. It does not take into account the City’s process with redistricting or elections in general as the County is governed by the Uniform Election Code and the City is governed by the Municipal Election Code. Councilmember Ohlson asked about the practical impact of the population count issues on the redistricting options. City Attorney Daggett replied work has yet to be completed; however, staff is attempting to focus in on the lines between the districts to determine where the precinct lines cut across census blocks and look at what can be done to try to approximate. Councilmember Ohlson asked if staff is requesting additional time rather than a formal recommendation. City Attorney Daggett replied in the affirmative and stated staff has yet to determine whether there will need to be changes, but would like to do those additional checks. Chief Deputy City Clerk Knoll noted options three and four have been renumbered to one and two and reiterated the only difference between the two is a slight change to one precinct. City Attorney Daggett Item 5 Packet Page003 City of Fort Collins Page 2 discussed the population of that precinct, 362. Bodig noted it does not take much of a population change to affect the deviation. Councilmember Gutowsky asked about the main reasons the original options one and two were not deemed acceptable. Chair Canonico replied the resident’s proposed option three provided the greatest continuity with the current districts and met all the necessary criteria. It was noted the ultimate decision will be up to the full Council. Councilmember Gutowsky stated she would like the original options one and two to still be considered and noted a large piece of Old Town that was once in her district is now gone with the resident’s proposed map. Councilmember Peel also stated she would like all of the options to remain for consideration. Mayor Arndt suggested going back to the original options one through four to eliminate confusion. 7.REVIEW OF POTENTIAL CHARTER AMENDMENT BALLOT QUESTIONS City Attorney Daggett outlined the changes made since the last discussion of this item and asked if the Committee wants to make a formal recommendation. Members discussed the ballot question language. Mayor Arndt asked the City Clerk her opinion on whether the election becomes coordinated and if ranked choice voting passes. City Clerk Hollingshead replied Fort Collins seems to place a great deal of value on flexibility and autonomy and holding municipal elections would allow for more autonomy, such as paying for postage on return ballots. She stated there are areas for making a meaningful impact on voter turnout that might accomplish some of the goals that are being sought from switching to November coordinated elections. She commented on ways to increase voter turnout. Members discussed the impact of holding municipal elections in November, but not having them be coordinated with the county. Councilmember Ohlson stated he does not like the idea of voters receiving two ballots in November at this time. Members concurred they would support the amended charter ballot language related to November coordinated elections and ranked choice voting. 8.REVIEW OF POTENTIAL CAMPAIGN FINANCE CODE AMENDMENTS City Attorney Daggett commented on the updates that have been made based on the discussion at the last Committee meeting. She requested input from members regarding mailing lists and how they are treated in terms of contributions. Councilmember Ohlson stated he does not believe purchased mailing lists should be able to be given to other candidates; however, the sharing of personally developed mailing lists is not a concern. Other members agreed and requested staff prepare some language related to the topic. Members discussed contributions in kind and how contributions of services such as web design should be addressed. Councilmember Ohlson expressed concern about the number of hours certain professionals could contribute to a campaign that would greatly exceed $75. City Attorney Daggett stated staff would work on additional language to address the provision of services. She discussed the changes made to language regarding not allowing committee funds to be used to pay penalties. Councilmember Ohlson commented on the effectiveness of this committee but stated he did not want all of the work done to not mean anything. He stated he believes there should be consequences for non-compliance and stated he would support penalties not being allowed to be paid from committee funds. Packet Page004 City of Fort Collins Page 3 City Attorney Daggett noted there is an escalation factor for fines, and multiple offenses eventually result in a criminal offense. If someone is convicted, they are disqualified from serving. She stated the list of offenses and associated penalties was placed in the Code in 2020 because the Committee at that time wanted to create a predictable process. She noted this Committee could recommend changes to the dollar amounts associated with the violations and noted there are still some items that are criminal offenses. Councilmember Ohlson opposed a minor fine penalty for blatant violations. Chair Canonico stated she would like there to be room for errors to be made without it being a fatal flaw for candidates. City Attorney Daggett noted the process that was put in place in 2020 calls for the Clerk to provide notice of a complaint and for the candidate to have 7 days to correct. If corrected, the issue is resolved. Additionally, she stated there is a provision that makes criminal knowingly violating the disclosure and filing report with intent to fraudulently misrepresent campaign contributions or expenditures on a disclosure report. Members requested staff prepare language regarding the topic. Chair Canonico asked about penalties at the state level. Chief Deputy City Clerk Knoll replied the state has a daily penalty and there are municipalities with daily penalties; however, those are difficult to enforce. Councilmember Ohlson commented on the biggest violation he sees being related to monies not being reported within the first three days of having committed the funds at the end of campaigns. He requested staff work on language to tighten the issue of committing funds versus spending funds. Other members agreed. Members commented on campaign finance reports not being cumulative for total amounts raised and total amounts spent. City Attorney Daggett noted staffing resources have made review of each campaign finance report difficult and have led to public review being the primary source of complaints. 9.REVIEW OF TIMELINE FOR PRIORITIES Chief Deputy City Clerk Knoll stated the redistricting ordinance will hopefully by heard by the full Council at the two July meetings after an additional Committee meeting. 10.OTHER BUSINESS 11.ADJOURNMENT The meeting adjourned by unanimous consent at 11:50 AM Packet Page005 Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY June 16, 2022 Election Code Committee SUBJECT Consideration of Redistricting Options and Possible Recommendations EXECUTIVE SUMMARY Adjustment of City district boundaries (aka redistricting) must occur following certain triggers in the City Charter, including the decennial census. The deadline to complete this process is 180 days prior to the next regular City election (currently scheduled in April 2023). The Committee’s primary consideration at this meeting is whether it is prepared to submit one or more options for new district configurations to the full City Council for public hearing and adoption on first reading on July 5. The Committee may forward options with or without a recommendation. BACKGROUND / DISCUSSION Materials first provided at the April 18 Election Code Committee meeting included two initial options for potential new district boundaries prepared by the City’s GIS staff. After an initial review, the committee opted to continue consideration of these options at the May 9 meeting, at which time additional reports were provided from the City Clerk outlining the redistricting process and from the Colorado Municipal League on considerations for municipal redistricting in Colorado. The number of options the City’s GIS division was able to produce for consideration was constrained by the requirements of the Charter and Code, including the requirement to use general election precincts established by Larimer County as the building blocks for districts. The two options initially presented were believed to be the only viable alternatives meeting requirements. In re-precincting following the 2020 census, Larimer County created all new (larger) precincts, significantly reducing the total number of precincts within Fort Collins. This reduced number of precincts has been the largest constraint on developing district options that maintain required population balance. Immediately prior to the May 9 ECC meeting, an additional option for district boundaries was presented to the Council by a Fort Collins resident. At the May 9 meeting, all three map options were reviewed by the Committee. A preference for the third option was generally indicated. An additional meeting of the Committee was scheduled for May 31 to allow for further analysis of the third option by the City’s GIS, Legal, and City Clerk staff. Following additional analysis, GIS also prepared a fourth option based upon the third option with a shift to one precinct that borders two districts. Option 4 changes the placement of precinct 362 in District 6 for purposes of contiguity and shows what that deviation would be. Late in the process of analysis before the last special ECC meeting, GIS identified additional issues for the redistricting process with the way the general election precincts were established. In addition to not following City limit boundaries, precincts also divide census blocks in several instances, making obtaining accurate population counts challenging. Because of the timing of this discovery, analysis of the impacts on population totals was not complete prior to the May 31 ECC meeting, requiring the scheduling of another special ECC meeting and a shift to the date the full Council is planned to consider redistricting to July 5. GIS has now completed its review of the precincts that include one or more split census blocks. After identifying all such precincts, the GIS team developed a process for allocating population in the split sections to develop the most accurate population estimates possible with available data. Process followed to correct populations due to block splits: 1)Identify all blocks that were split 2)Blocks that were not split, convert to points at centroid of block maintaining attributes 3)Blocks that were split: Packet Page006 Agenda Item 6 Item # 6 Page 2 a. Select all address points that fall within residential land use. This excludes commercial and industrial addresses. b. Remove addresses created after the census took place. c. Count the number of addresses within each block and add the total value to an attribute d. Cut the census blocks in half on the county precinct lines. This maintains identical attributes on each half of the block. e. Now count the number of addresses within each part of the block and add that value to the block attributes f. Use the total count of address and count of addresses after splitting to determine a percentage of addresses within each part of the split block g. Apply this percentage to the census population count h. Convert this new population data to point centroids and add to the initial converted points i. Aggregate all of the point data within each precinct to determine the adjusted total population. All four options were reevaluated using updated population figures and found to still be within the maximum range of deviation permitted under Charter and Code for population balance. ATTACHMENTS 1. Map of Current Districts 2. Map of 2020 Census Blocks Overlapping Multiple Precincts 3. Maps of Redistricting Options 1-4 with Population Adjusted 4. Maps of Redistricting Options 1-4 showing percent of residents in each precinct identifying as Hispanic 5. Maps of Redistricting Options 1-4 showing percent of residents in each precinct identifying as a race other than white 6. Detailed view of how population is divided in sections of Precinct 362 NOTE: All four options prepared and presented to the committee at prior meetings are being provided at this time. The two initial options developed by GIS and first presented May 9 are labeled as Option 1 and Option 2. The option submitted to the Council by a resident ahead of the May 9 meeting is labeled Option 3. The final option GIS prepared modifying one precinct from Option 3 is labeled as Option 4. 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The City makes no representation or warranty as to its accuracy, timeliness, or com pleteness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placem ent of location of any map featur es thereon. THE CITY OF FORT COLLINS M AKES NO WARRAN TY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, m ap applications, or data, accepts them AS IS, W ITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the C ity harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaim s, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity.Co un cil Di str ict s M ay or - Jen i Ar nd t Dist rict 1 - Su san G ut ow sky Dist rict 2 - Ju l ie P ig n at ar o Dist rict 3 - Tri cia C an o n ico Dist rict 4 - Sh irl e y Pe e l Dist rict 5 - KellyOhlso n Dist rict 6 - Emi ly Go rg o l Co un ty Pre cin ct Wat e r F ea t ur es GrowthManagementAreaRailroad Item 6_Att 1 Packet Page008 S COLLEGE AVE W HORSETOOTH RD W MULBERRY ST E COUNTY ROAD 3 8 S SHIELDS STLAPORTE AVE S TIMBERLINE RDS LEMAY AVESTRAUSSCABIN RDZIEGLERRDRIV E R S ID E AV E S OVERLAND TRLW DRAKE RD E PROSPECT RD W WILLOX LN S TAFT HILL RDW VINE DR COUNTRY CLUB RD E V I N E DR RICHARDS LAKE RD W MOUNTAIN AVE E WILLOX LN E TRILBY RD W PROSPECT RD E MULBERRY ST JE F F E R S O N S T E DOUGLAS RD COUNTY ROAD 54G N LEMAY AVEN COLLEGE AVEW COUNTY ROAD 38E STATE HIGHWAY 392 E COUNTY ROAD 50MOUNTAIN VISTA DR N TIMBERLINE RDTERRYLAKERDG R E G O R Y R D KECHTER RDN SHIELDS STS COUNTY ROAD 5E HORSETOOTH RD W HARMONY RD W DOUGLAS RDN U S HI G H W A Y 2 8 7 NOVERLANDTRLE COUNTY ROAD 36 MAIN STW TRILBY RD E DRAKE RD ELINC OLN AV E CARPENTER RD S COUNTY ROAD 13E C O U N T Y ROAD 30S US HIGHWAY 287E COUNTY ROAD 52 S COUNTY ROAD 11S SUMM I T V I EW D RN COUNTY ROAD 17E COUNTY ROAD 48 N COUNTY ROAD 5N TAFTHILLRDE COUNTY ROAD 54 S COUNTY ROAD 19N COUNTY ROAD 9S COUNTY ROAD 9E H A R M O N Y RD 2020 Census Blocks Overlapping Multiple Precincts Printed: June 09, 2022 Overlapping Census Blocks County Precincts City Limits Item 6 - Attachment 2 Packet Page009 ^ ^ ^ ^ ^ ^S COLLEGE AVE W HORSETOOTH RD W MULBERRY ST S SHIELDS STLAPORTE AVE S TIMBERLINE RDS LEMAY AVESTRAUSSCABIN RDZIEGLERRDRIV E R S ID E AV E S OVERLAND TRLW DRAKE RD E PROSPECT RD W WILLOX LN S TAFT HILL RDW VINE DR COUNTRY CLUB RD E V INE DR RICHARDS LAKE RD W MOUNTAIN AVE E W I LLOXLN E TRILBY RD W PROSPECT RD E COUNTY ROAD 38 E MULBERRY ST JE F F E R S O N S T E DOUGLAS RD COUNTY ROAD 54G N LEMAY AVEN COLLEGE AVEWCOUNTYROAD 38E E COUNTY ROAD 50MOUNTAIN V I S T A D R N TIMBERLINE RDTERRYLAKERDG R E G O R Y R D KECHTER RDN SHIELDS STS COUNTY ROAD 5E HORSETOOTH RD STATE HIGHWAY 392 W HARMONY RD W DOUGLAS RDN U S H I G HW A Y 2 8 7 NOVERLANDTRLE COUNTY ROAD 36 MAIN STW TRILBY RD E DRAKE RD E L I NC O L N A VE S COUNTY ROAD 13CARPENTER RD E COUNTY ROAD 52 S COUNTY ROAD 11S SUMM I T V I E W D R S US HIGHWAY 287N COUNTY ROAD 17E COUNTY ROAD 48 N COUNTY ROAD 5NTAFTHILLRDS COUNTY ROAD 19S COUNTY ROAD 9E COUNTY ROAD 54 N COUNTY ROAD 9E HARMONY RD District 2 District 5 District 4 District 6 District 1 District 3 407 400 690 355 490 390 368 369 301 603 606 600 601 602 205 693 103 206 343 306 300 104 309 311 329 336 335 328 330 334 326348 349 337 338 314327 315 352 351 353 354 331 332 333 356 357 350 347 365 364 360 345 342 346 340 321 341 322 211 209 210 325 317 316324 366 358 359 367 307 310 313 312 308 323 339 362 344 363 361 303 320 319 318 305 304 302 Redistricting - Option 1 Printed: June 08, 2022 Redistricting Option 1 District 1 District 2 District 3 District 4 District 5 District 6 County Precinct ^Council Member Locations 1 28302 28322 100.1%0.1% 2 28302 27383 96.8%-3.2% 3 28302 28897 102.1%2.1% 4 28302 28576 101%1% 5 28302 28209 99.7%-0.3% 6 28302 28423 100.4%0.4% District Ideal Population Total Population Percentage of Ideal Percentage From Ideal 169,810 28,302 -3.2%2.1%5.3% Total Population Ideal District Populaion Lowest Change Highest Change Maximum Deviation 362Precinct ID: Item 6_Att 3 (4 pg)Packet Page010 ^ ^ ^ ^ ^ ^S COLLEGE AVE W HORSETOOTH RD W MULBERRY ST S SHIELDS STLAPORTE AVE S TIMBERLINE RDS LEMAY AVESTRAUSSCABIN RDZIEGLERRDRIV E R S ID E AV E S OVERLAND TRLW DRAKE RD E PROSPECT RD W WILLOX LN S TAFT HILL RDW VINE DR COUNTRY CLUB RD E V INE DR RICHARDS LAKE RD W MOUNTAIN AVE E W I LLOXLN E TRILBY RD W PROSPECT RD E COUNTY ROAD 38 E MULBERRY ST JE F F E R S O N S T E DOUGLAS RD COUNTY ROAD 54G N LEMAY AVEN COLLEGE AVEWCOUNTYROAD 38E E COUNTY ROAD 50MOUNTAIN V I S T A D R N TIMBERLINE RDTERRYLAKERDG R E G O R Y R D KECHTER RDN SHIELDS STS COUNTY ROAD 5E HORSETOOTH RD STATE HIGHWAY 392 W HARMONY RD W DOUGLAS RDN U S H I G HW A Y 2 8 7 NOVERLANDTRLE COUNTY ROAD 36 MAIN STW TRILBY RD E DRAKE RD E L I NC O L N A VE S COUNTY ROAD 13CARPENTER RD E COUNTY ROAD 52 S COUNTY ROAD 11S SUMM I T V I E W D R S US HIGHWAY 287N COUNTY ROAD 17E COUNTY ROAD 48 N COUNTY ROAD 5NTAFTHILLRDS COUNTY ROAD 19S COUNTY ROAD 9E COUNTY ROAD 54 N COUNTY ROAD 9E HARMONY RD District 2 District 5 District 4 District 6 District 1 District 3 407 400 690 355 490 390 368 369 301 603 606 600 601 602 205 693 103 206 343 306 300 104 309 311 329 336 335 328 330 334 326348 349 337 338 314327 315 352 351 353 354 331 332 333 356 357 350 347 365 364 360 345 342 346 340 321 341 322 211 209 210 325 317 316324 366 358 359 367 307 310 313 312 308 323 339 362 344 363 361 303 320 319 318 305 304 302 Redistricting - Option 2 Printed: June 08, 2022 Redistricting Option 2 District 1 District 2 District 3 District 4 District 5 District 6 County Precinct ^Council Member Locations 1 28302 28050 99.1%-0.9% 2 28302 29156 103%3% 3 28302 28808 101.8%1.8% 4 28302 28077 99.2%-0.8% 5 28302 29015 102.5%2.5% 6 28302 26704 94.4%-5.6% District Ideal Population Total Population Percentage of Ideal Percentage From Ideal 169,810 28,302 -5.6%3%8.6% Total Population Ideal District Populaion Lowest Change Highest Change Maximum Deviation 362PrecinctID: Packet Page011 ^ ^ ^ ^ ^ ^S COLLEGE AVE W HORSETOOTH RD W MULBERRY ST S SHIELDS STLAPORTE AVE S TIMBERLINE RDS LEMAY AVESTRAUSSCABIN RDZIEGLERRDRIV E R S ID E AV E S OVERLAND TRLW DRAKE RD E PROSPECT RD W WILLOX LN S TAFT HILL RDW VINE DR COUNTRY CLUB RD E V INE DR RICHARDS LAKE RD W MOUNTAIN AVE E W I LLOXLN E TRILBY RD W PROSPECT RD E COUNTY ROAD 38 E MULBERRY ST JE F F E R S O N S T E DOUGLAS RD COUNTY ROAD 54G N LEMAY AVEN COLLEGE AVEWCOUNTYROAD 38E E COUNTY ROAD 50MOUNTAIN V I S T A D R N TIMBERLINE RDTERRYLAKERDG R E G O R Y R D KECHTER RDN SHIELDS STS COUNTY ROAD 5E HORSETOOTH RD STATE HIGHWAY 392 W HARMONY RD W DOUGLAS RDN U S H I G HW A Y 2 8 7 NOVERLANDTRLE COUNTY ROAD 36 MAIN STW TRILBY RD E DRAKE RD E L I NC O L N A VE S COUNTY ROAD 13CARPENTER RD E COUNTY ROAD 52 S COUNTY ROAD 11S SUMM I T V I E W D R S US HIGHWAY 287N COUNTY ROAD 17E COUNTY ROAD 48 N COUNTY ROAD 5NTAFTHILLRDS COUNTY ROAD 19S COUNTY ROAD 9E COUNTY ROAD 54 N COUNTY ROAD 9E HARMONY RD District 2 District 5 District 4 District 6 District 1 District 3 407 400 690 355 490 390 368 369 301 603 606 600 601 602 205 693 103 206 343 306 300 104 309 311 329 336 335 328 330 334 326348 349 337 338 314327 315 352 351 353 354 331 332 333 356 357 350 347 365 364 360 345 342 346 340 321 341 322 211 209 210 325 317 316324 366 358 359 367 307 310 313 312 308 323 339 362 344 363 361 303 320 319 318 305 304 302 Redistricting - Option 3 Printed: June 08, 2022 Redistricting Option 3 District 1 District 2 District 3 District 4 District 5 District 6 County Precinct ^Council Member Locations 1 28302 28675 101.3%1.3% 2 28302 28504 100.7%0.7% 3 28302 27343 96.6%-3.4% 4 28302 29229 103.3%3.3% 5 28302 28807 101.8%1.8% 6 28302 27252 96.3%-3.7% District Ideal Population Total Population Percentage of Ideal Percentage From Ideal 169,810 28,302 -3.7%3.3%7% Total Population Ideal District Populaion Lowest Change Highest Change Maximum Deviation 362PrecinctID: Packet Page012 ^ ^ ^ ^ ^ ^S COLLEGE AVE W HORSETOOTH RD W MULBERRY ST S SHIELDS STLAPORTE AVE S TIMBERLINE RDS LEMAY AVESTRAUSSCABIN RDZIEGLERRDRIV E R S ID E AV E S OVERLAND TRLW DRAKE RD E PROSPECT RD W WILLOX LN S TAFT HILL RDW VINE DR COUNTRY CLUB RD E V INE DR RICHARDS LAKE RD W MOUNTAIN AVE E W I LLOXLN E TRILBY RD W PROSPECT RD E COUNTY ROAD 38 E MULBERRY ST JE F F E R S O N S T E DOUGLAS RD COUNTY ROAD 54G N LEMAY AVEN COLLEGE AVEWCOUNTYROAD 38E E COUNTY ROAD 50MOUNTAIN V I S T A D R N TIMBERLINE RDTERRYLAKERDG R E G O R Y R D KECHTER RDN SHIELDS STS COUNTY ROAD 5E HORSETOOTH RD STATE HIGHWAY 392 W HARMONY RD W DOUGLAS RDN U S H I G HW A Y 2 8 7 NOVERLANDTRLE COUNTY ROAD 36 MAIN STW TRILBY RD E DRAKE RD E L I NC O L N A VE S COUNTY ROAD 13CARPENTER RD E COUNTY ROAD 52 S COUNTY ROAD 11S SUMM I T V I E W D R S US HIGHWAY 287N COUNTY ROAD 17E COUNTY ROAD 48 N COUNTY ROAD 5NTAFTHILLRDS COUNTY ROAD 19S COUNTY ROAD 9E COUNTY ROAD 54 N COUNTY ROAD 9E HARMONY RD District 2 District 5 District 4 District 6 District 1 District 3 407 400 690 355 490 390 368 369 301 603 606 600 601 602 205 693 103 206 343 306 300 104 309 311 329 336 335 328 330 334 326348 349 337 338 314327 315 352 351 353 354 331 332 333 356 357 350 347 365 364 360 345 342 346 340 321 341 322 211 209 210 325 317 316324 366 358 359 367 307 310 313 312 308 323 339 362 344 363 361 303 320 319 318 305 304 302 Redistricting - Option 4 Printed: June 08, 2022 Redistricting Option 4 District 1 District 2 District 3 District 4 District 5 District 6 County Precinct ^Council Member Locations 1 28302 28675 101.3%1.3% 2 28302 28504 100.7%0.7% 3 28302 27343 96.6%-3.4% 4 28302 29229 103.3%3.3% 5 28302 26781 94.6%-5.4% 6 28302 29278 103.4%3.4% District Ideal Population Total Population Percentage of Ideal Percentage From Ideal 169,810 28,302 -5.4%3.4%8.8% Total Population Ideal District Populaion Lowest Change Highest Change Maximum Deviation 362PrecinctID: Packet Page013 S COLLEGE AVE W HORSETOOTH RD W MULBERRY ST S SHIELDS STLAPORTE AVE S TIMBERLINE RDS LEMAY AVESTRAUSSCABIN RDZIEGLERRDRIV E R S ID E AV E S OVERLAND TRLW DRAKE RD E PROSPECT RD W WILLOX LN S TAFT HILL RDW VINE DR COUNTRY CLUB RD E V INE DR RICHARDS LAKE RD W MOUNTAIN AVE E W I LLOXLN E TRILBY RD W PROSPECT RD E COUNTY ROAD 38 E MULBERRY ST JE F F E R S O N S T E DOUGLAS RD COUNTY ROAD 54G N LEMAY AVEN COLLEGE AVEWCOUNTYROAD 38E E COUNTY ROAD 50MOUNTAIN V I S T A D R N TIMBERLINE RDTERRYLAKERDG R E G O R Y R D KECHTER RDN SHIELDS STS COUNTY ROAD 5E HORSETOOTH RD STATE HIGHWAY 392 W HARMONY RD W DOUGLAS RDN U S H I G HW A Y 2 8 7 NOVERLANDTRLE COUNTY ROAD 36 MAIN STW TRILBY RD E DRAKE RD E L I NC O L N A VE S COUNTY ROAD 13CARPENTER RD E COUNTY ROAD 52 S COUNTY ROAD 11S SUMM I T V I E W D R S US HIGHWAY 287N COUNTY ROAD 17E COUNTY ROAD 48 N COUNTY ROAD 5NTAFTHILLRDS COUNTY ROAD 19S COUNTY ROAD 9E COUNTY ROAD 54 N COUNTY ROAD 9E HARMONY RD District 2 District 5 District 4 District 6 District 1 District 3 Redistricting - Option 1 Printed: June 09, 2022 Council District (Option 1) Hispanic Population / Total Population 3% - 9% 10% - 13% 14% - 21% 22% - 36% 37% - 100% There is no population recorded for these census blocks Council Member Locations 1 28302 28322 100.1%0.1% 2 28302 27383 96.8%-3.2% 3 28302 28897 102.1%2.1% 4 28302 28576 101%1% 5 28302 28209 99.7%-0.3% 6 28302 28423 100.4%0.4% District Ideal Population Total Population Percentage of Ideal Percentage From Ideal 169,810 28,302 -3.2%2.1%5.3% Total Population Ideal District Populaion Lowest Change Highest Change Maximum Deviation Item 6_Att 4 (4 pgs)Packet Page014 S COLLEGE AVE W HORSETOOTH RD W MULBERRY ST S SHIELDS STLAPORTE AVE S TIMBERLINE RDS LEMAY AVESTRAUSSCABIN RDZIEGLERRDRIV E R S ID E AV E S OVERLAND TRLW DRAKE RD E PROSPECT RD W WILLOX LN S TAFT HILL RDW VINE DR COUNTRY CLUB RD E V INE DR RICHARDS LAKE RD W MOUNTAIN AVE E W I LLOXLN E TRILBY RD W PROSPECT RD E COUNTY ROAD 38 E MULBERRY ST JE F F E R S O N S T E DOUGLAS RD COUNTY ROAD 54G N LEMAY AVEN COLLEGE AVEWCOUNTYROAD 38E E COUNTY ROAD 50MOUNTAIN V I S T A D R N TIMBERLINE RDTERRYLAKERDG R E G O R Y R D KECHTER RDN SHIELDS STS COUNTY ROAD 5E HORSETOOTH RD STATE HIGHWAY 392 W HARMONY RD W DOUGLAS RDN U S H I G HW A Y 2 8 7 NOVERLANDTRLE COUNTY ROAD 36 MAIN STW TRILBY RD E DRAKE RD E L I NC O L N A VE S COUNTY ROAD 13CARPENTER RD E COUNTY ROAD 52 S COUNTY ROAD 11S SUMM I T V I E W D R S US HIGHWAY 287N COUNTY ROAD 17E COUNTY ROAD 48 N COUNTY ROAD 5NTAFTHILLRDS COUNTY ROAD 19S COUNTY ROAD 9E COUNTY ROAD 54 N COUNTY ROAD 9E HARMONY RD District 2 District 5 District 4 District 6 District 1 District 3 Redistricting - Option 2 Printed: June 09, 2022 Council District (Option 2) Hispanic Population / Total Population 3% - 9% 10% - 13% 14% - 21% 22% - 36% 37% - 100% There is no population recorded for these census blocks Council Member Locations 1 28302 28050 99.1%-0.9% 2 28302 29156 103%3% 3 28302 28808 101.8%1.8% 4 28302 28077 99.2%-0.8% 5 28302 29015 102.5%2.5% 6 28302 26704 94.4%-5.6% District Ideal Population Total Population Percentage of Ideal Percentage From Ideal 169,810 28,302 -5.6%3%8.6% Total Population Ideal District Populaion Lowest Change Highest Change Maximum Deviation Packet Page015 S COLLEGE AVE W HORSETOOTH RD W MULBERRY ST S SHIELDS STLAPORTE AVE S TIMBERLINE RDS LEMAY AVESTRAUSSCABIN RDZIEGLERRDRIV E R S ID E AV E S OVERLAND TRLW DRAKE RD E PROSPECT RD W WILLOX LN S TAFT HILL RDW VINE DR COUNTRY CLUB RD E V INE DR RICHARDS LAKE RD W MOUNTAIN AVE E W I LLOXLN E TRILBY RD W PROSPECT RD E COUNTY ROAD 38 E MULBERRY ST JE F F E R S O N S T E DOUGLAS RD COUNTY ROAD 54G N LEMAY AVEN COLLEGE AVEWCOUNTYROAD 38E E COUNTY ROAD 50MOUNTAIN V I S T A D R N TIMBERLINE RDTERRYLAKERDG R E G O R Y R D KECHTER RDN SHIELDS STS COUNTY ROAD 5E HORSETOOTH RD STATE HIGHWAY 392 W HARMONY RD W DOUGLAS RDN U S H I G HW A Y 2 8 7 NOVERLANDTRLE COUNTY ROAD 36 MAIN STW TRILBY RD E DRAKE RD E L I NC O L N A VE S COUNTY ROAD 13CARPENTER RD E COUNTY ROAD 52 S COUNTY ROAD 11S SUMM I T V I E W D R S US HIGHWAY 287N COUNTY ROAD 17E COUNTY ROAD 48 N COUNTY ROAD 5NTAFTHILLRDS COUNTY ROAD 19S COUNTY ROAD 9E COUNTY ROAD 54 N COUNTY ROAD 9E HARMONY RD District 2 District 5 District 4 District 6 District 1 District 3 Redistricting - Option 3 Printed: June 09, 2022 Council District (Option 3) Hispanic Population / Total Population 3% - 9% 10% - 13% 14% - 21% 22% - 36% 37% - 100% There is no population recorded for these census blocks Council Member Locations 1 28302 28675 101.3%1.3% 2 28302 28504 100.7%0.7% 3 28302 27343 96.6%-3.4% 4 28302 29229 103.3%3.3% 5 28302 28807 101.8%1.8% 6 28302 27252 96.3%-3.7% District Ideal Population Total Population Percentage of Ideal Percentage From Ideal 169,810 28,302 -3.7%3.3%7% Total Population Ideal District Populaion Lowest Change Highest Change Maximum Deviation Packet Page016 S COLLEGE AVE W HORSETOOTH RD W MULBERRY ST S SHIELDS STLAPORTE AVE S TIMBERLINE RDS LEMAY AVESTRAUSSCABIN RDZIEGLERRDRIV E R S ID E AV E S OVERLAND TRLW DRAKE RD E PROSPECT RD W WILLOX LN S TAFT HILL RDW VINE DR COUNTRY CLUB RD E V INE DR RICHARDS LAKE RD W MOUNTAIN AVE E W I LLOXLN E TRILBY RD W PROSPECT RD E COUNTY ROAD 38 E MULBERRY ST JE F F E R S O N S T E DOUGLAS RD COUNTY ROAD 54G N LEMAY AVEN COLLEGE AVEWCOUNTYROAD 38E E COUNTY ROAD 50MOUNTAIN V I S T A D R N TIMBERLINE RDTERRYLAKERDG R E G O R Y R D KECHTER RDN SHIELDS STS COUNTY ROAD 5E HORSETOOTH RD STATE HIGHWAY 392 W HARMONY RD W DOUGLAS RDN U S H I G HW A Y 2 8 7 NOVERLANDTRLE COUNTY ROAD 36 MAIN STW TRILBY RD E DRAKE RD E L I NC O L N A VE S COUNTY ROAD 13CARPENTER RD E COUNTY ROAD 52 S COUNTY ROAD 11S SUMM I T V I E W D R S US HIGHWAY 287N COUNTY ROAD 17E COUNTY ROAD 48 N COUNTY ROAD 5NTAFTHILLRDS COUNTY ROAD 19S COUNTY ROAD 9E COUNTY ROAD 54 N COUNTY ROAD 9E HARMONY RD District 2 District 5 District 4 District 6 District 1 District 3 Redistricting - Option 4 Printed: June 09, 2022 Council District (Option 4) Hispanic Population / Total Population 3% - 9% 10% - 13% 14% - 21% 22% - 36% 37% - 100% There is no population recorded for these census blocks Council Member Locations 1 28302 28675 101.3%1.3% 2 28302 28504 100.7%0.7% 3 28302 27343 96.6%-3.4% 4 28302 29229 103.3%3.3% 5 28302 26781 94.6%-5.4% 6 28302 29278 103.4%3.4% District Ideal Population Total Population Percentage of Ideal Percentage From Ideal 169,810 28,302 -5.4%3.4%8.8% Total Population Ideal District Populaion Lowest Change Highest Change Maximum Deviation Packet Page017 S COLLEGE AVE W HORSETOOTH RD W MULBERRY ST S SHIELDS STLAPORTE AVE S TIMBERLINE RDS LEMAY AVESTRAUSSCABIN RDZIEGLERRDRIV E R S ID E AV E S OVERLAND TRLW DRAKE RD E PROSPECT RD W WILLOX LN S TAFT HILL RDW VINE DR COUNTRY CLUB RD E V INE DR RICHARDS LAKE RD W MOUNTAIN AVE E W I LLOXLN E TRILBY RD W PROSPECT RD E COUNTY ROAD 38 E MULBERRY ST JE F F E R S O N S T E DOUGLAS RD COUNTY ROAD 54G N LEMAY AVEN COLLEGE AVEWCOUNTYROAD 38E E COUNTY ROAD 50MOUNTAIN V I S T A D R N TIMBERLINE RDTERRYLAKERDG R E G O R Y R D KECHTER RDN SHIELDS STS COUNTY ROAD 5E HORSETOOTH RD STATE HIGHWAY 392 W HARMONY RD W DOUGLAS RDN U S H I G HW A Y 2 8 7 NOVERLANDTRLE COUNTY ROAD 36 MAIN STW TRILBY RD E DRAKE RD E L I NC O L N A VE S COUNTY ROAD 13CARPENTER RD E COUNTY ROAD 52 S COUNTY ROAD 11S SUMM I T V I E W D R S US HIGHWAY 287N COUNTY ROAD 17E COUNTY ROAD 48 N COUNTY ROAD 5NTAFTHILLRDS COUNTY ROAD 19S COUNTY ROAD 9E COUNTY ROAD 54 N COUNTY ROAD 9E HARMONY RD District 2 District 5 District 4 District 6 District 1 District 3 Redistricting - Option 1 Printed: June 09, 2022 Council District (Option 1) Race Other Than White / Total Population 3% - 13% 14% - 18% 19% - 24% 25% - 43% 44% - 75% There is no population recorded for these areas Council Member Locations 1 28302 28322 100.1%0.1% 2 28302 27383 96.8%-3.2% 3 28302 28897 102.1%2.1% 4 28302 28576 101%1% 5 28302 28209 99.7%-0.3% 6 28302 28423 100.4%0.4% District Ideal Population Total Population Percentage of Ideal Percentage From Ideal 169,810 28,302 -3.2%2.1%5.3% Total Population Ideal District Populaion Lowest Change Highest Change Maximum Deviation Item 6_Att 5 (4 pgs)Packet Page018 S COLLEGE AVE W HORSETOOTH RD W MULBERRY ST S SHIELDS STLAPORTE AVE S TIMBERLINE RDS LEMAY AVESTRAUSSCABIN RDZIEGLERRDRIV E R S ID E AV E S OVERLAND TRLW DRAKE RD E PROSPECT RD W WILLOX LN S TAFT HILL RDW VINE DR COUNTRY CLUB RD E V INE DR RICHARDS LAKE RD W MOUNTAIN AVE E W I LLOXLN E TRILBY RD W PROSPECT RD E COUNTY ROAD 38 E MULBERRY ST JE F F E R S O N S T E DOUGLAS RD COUNTY ROAD 54G N LEMAY AVEN COLLEGE AVEWCOUNTYROAD 38E E COUNTY ROAD 50MOUNTAIN V I S T A D R N TIMBERLINE RDTERRYLAKERDG R E G O R Y R D KECHTER RDN SHIELDS STS COUNTY ROAD 5E HORSETOOTH RD STATE HIGHWAY 392 W HARMONY RD W DOUGLAS RDN U S H I G HW A Y 2 8 7 NOVERLANDTRLE COUNTY ROAD 36 MAIN STW TRILBY RD E DRAKE RD E L I NC O L N A VE S COUNTY ROAD 13CARPENTER RD E COUNTY ROAD 52 S COUNTY ROAD 11S SUMM I T V I E W D R S US HIGHWAY 287N COUNTY ROAD 17E COUNTY ROAD 48 N COUNTY ROAD 5NTAFTHILLRDS COUNTY ROAD 19S COUNTY ROAD 9E COUNTY ROAD 54 N COUNTY ROAD 9E HARMONY RD District 2 District 5 District 4 District 6 District 1 District 3 Redistricting - Option 2 Printed: June 09, 2022 Council District (Option 2) Race Other Than White / Total Population 3% - 13% 14% - 18% 19% - 24% 25% - 43% 44% - 75% There is no population recorded for these areas Council Member Locations 1 28302 28050 99.1%-0.9% 2 28302 29156 103%3% 3 28302 28808 101.8%1.8% 4 28302 28077 99.2%-0.8% 5 28302 29015 102.5%2.5% 6 28302 26704 94.4%-5.6% District Ideal Population Total Population Percentage of Ideal Percentage From Ideal 169,810 28,302 -5.6%3%8.6% Total Population Ideal District Populaion Lowest Change Highest Change Maximum Deviation Packet Page019 S COLLEGE AVE W HORSETOOTH RD W MULBERRY ST S SHIELDS STLAPORTE AVE S TIMBERLINE RDS LEMAY AVESTRAUSSCABIN RDZIEGLERRDRIV E R S ID E AV E S OVERLAND TRLW DRAKE RD E PROSPECT RD W WILLOX LN S TAFT HILL RDW VINE DR COUNTRY CLUB RD E V INE DR RICHARDS LAKE RD W MOUNTAIN AVE E W I LLOXLN E TRILBY RD W PROSPECT RD E COUNTY ROAD 38 E MULBERRY ST JE F F E R S O N S T E DOUGLAS RD COUNTY ROAD 54G N LEMAY AVEN COLLEGE AVEWCOUNTYROAD 38E E COUNTY ROAD 50MOUNTAIN V I S T A D R N TIMBERLINE RDTERRYLAKERDG R E G O R Y R D KECHTER RDN SHIELDS STS COUNTY ROAD 5E HORSETOOTH RD STATE HIGHWAY 392 W HARMONY RD W DOUGLAS RDN U S H I G HW A Y 2 8 7 NOVERLANDTRLE COUNTY ROAD 36 MAIN STW TRILBY RD E DRAKE RD E L I NC O L N A VE S COUNTY ROAD 13CARPENTER RD E COUNTY ROAD 52 S COUNTY ROAD 11S SUMM I T V I E W D R S US HIGHWAY 287N COUNTY ROAD 17E COUNTY ROAD 48 N COUNTY ROAD 5NTAFTHILLRDS COUNTY ROAD 19S COUNTY ROAD 9E COUNTY ROAD 54 N COUNTY ROAD 9E HARMONY RD District 2 District 5 District 4 District 6 District 1 District 3 Redistricting - Option 3 Printed: June 09, 2022 Council District (Option 3) Race Other Than White / Total Population 3% - 13% 14% - 18% 19% - 24% 25% - 43% 44% - 75% There is no population recorded for these areas Council Member Locations 1 28302 28675 101.3%1.3% 2 28302 28504 100.7%0.7% 3 28302 27343 96.6%-3.4% 4 28302 29229 103.3%3.3% 5 28302 28807 101.8%1.8% 6 28302 27252 96.3%-3.7% District Ideal Population Total Population Percentage of Ideal Percentage From Ideal 169,810 28,302 -3.7%3.3%7% Total Population Ideal District Populaion Lowest Change Highest Change Maximum Deviation Packet Page020 S COLLEGE AVE W HORSETOOTH RD W MULBERRY ST S SHIELDS STLAPORTE AVE S TIMBERLINE RDS LEMAY AVESTRAUSSCABIN RDZIEGLERRDRIV E R S ID E AV E S OVERLAND TRLW DRAKE RD E PROSPECT RD W WILLOX LN S TAFT HILL RDW VINE DR COUNTRY CLUB RD E V INE DR RICHARDS LAKE RD W MOUNTAIN AVE E W I LLOXLN E TRILBY RD W PROSPECT RD E COUNTY ROAD 38 E MULBERRY ST JE F F E R S O N S T E DOUGLAS RD COUNTY ROAD 54G N LEMAY AVEN COLLEGE AVEWCOUNTYROAD 38E E COUNTY ROAD 50MOUNTAIN V I S T A D R N TIMBERLINE RDTERRYLAKERDG R E G O R Y R D KECHTER RDN SHIELDS STS COUNTY ROAD 5E HORSETOOTH RD STATE HIGHWAY 392 W HARMONY RD W DOUGLAS RDN U S H I G HW A Y 2 8 7 NOVERLANDTRLE COUNTY ROAD 36 MAIN STW TRILBY RD E DRAKE RD E L I NC O L N A VE S COUNTY ROAD 13CARPENTER RD E COUNTY ROAD 52 S COUNTY ROAD 11S SUMM I T V I E W D R S US HIGHWAY 287N COUNTY ROAD 17E COUNTY ROAD 48 N COUNTY ROAD 5NTAFTHILLRDS COUNTY ROAD 19S COUNTY ROAD 9E COUNTY ROAD 54 N COUNTY ROAD 9E HARMONY RD District 2 District 5 District 4 District 6 District 1 District 3 Redistricting - Option 4 Printed: June 09, 2022 Council District (Option 4) Race Other Than White / Total Population 3% - 13% 14% - 18% 19% - 24% 25% - 43% 44% - 75% There is no population recorded for these areas Council Member Locations 1 28302 28675 101.3%1.3% 2 28302 28504 100.7%0.7% 3 28302 27343 96.6%-3.4% 4 28302 29229 103.3%3.3% 5 28302 26781 94.6%-5.4% 6 28302 29278 103.4%3.4% District Ideal Population Total Population Percentage of Ideal Percentage From Ideal 169,810 28,302 -5.4%3.4%8.8% Total Population Ideal District Populaion Lowest Change Highest Change Maximum Deviation Packet Page021 Maxar 2155335390 2155335369 2154935103 2146535343 2145335365 2145335364 2156535210 2145335366 2145335362 2145335344 2145335363 2020 Census Block Population Within Precinct 2145335362 Printed: June 10, 2022 County Voting Precinct 2145335362 City Limits Portion of Voting Precinct Within City Limits POP: 365 POP: 1,605 POP: 9 Item 6_Att 6 Packet Page022 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY June 16, 2022 Election Code Committee SUBJECT Review of Potential Charter Amendment Ballot Questions EXECUTIVE SUMMARY Two potential ballot questions to amend the City Charter have been prepared for the Election Code Committee’s consideration prior to consideration by the full City Council for potential adoption and placement on the November 2022 special election ballot to be conducted in coordination with Larimer County. This includes: 1.Coordinating regular municipal elections with Larimer County in November of odd years 2.Conducting municipal elections using Ranked-Choice Voting (RCV) BACKGROUND / DISCUSSION The Election Code Committee has been considering these two questions for several months. Exploring the option for November elections was identified as a priority of the City Council at the onset of its current term in 2021. Placing Charter amendments on the ballot by the Council is accomplished through the adoption of an ordinance. At this time, consideration of ordinances for these two ballot questions is tentatively scheduled for first reading before the full Council on June 21, 2022, and second reading on July 5, 2022. ATTACHMENTS Draft Ballot Question Language for each topic, including markup versions of associated Charter language changes Packet Page023 1 ORDINANCE NO. _____, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS A PROPOSED AMENDMENT TO THE CITY CHARTER SHIFTING THE CITY’S REGULAR MUNICIPAL ELECTION FROM EACH ODD-YEAR APRIL TO EACH ODD-YEAR NOVEMBER WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins (the “Charter”) provides that the Charter may be amended as provided by the laws of the State of Colorado; and WHEREAS, Section 31-2-210, Colorado Revised Statutes, provides that Charter amendments may be initiated by the adoption of an ordinance by the City Council submitting a proposed amendment to a vote of the registered electors of the City of Fort Collins; and WHEREAS, on May 17, 2022, the City Council adopted on second reading Ordinance No. 056, 2022, calling a special municipal election (“November Election”) to be held in conjunction with the November 8, 2022, Larimer County General Election; and WHEREAS, Article VIII of the Charter concerns the conduct of elections in the City of Fort Collins, including Article VIII, Section 7, regarding the Certification of Election Results; and WHEREAS, the City Council desires to take steps to encourage and facilitate voter participation in the City’s municipal elections, and Council believes shifting the City’s regular municipal elections, at which Fort Collins voters select the Mayor and members of the Council, from each odd-year April to each odd-year November will help accomplish increased voter participation; and WHEREAS, the Council’s intent in adopting this Ordinance is to present to the City’s electorate at the November Election, through the ballot title set in Section 3 of this Ordinance, proposed amendments to Article II and Article XIII of the City Charter that would, if adopted, shift the City’s regular municipal elections from each odd-year April to each odd-year November, and transition current Mayor and Councilmember terms to the new schedule; and WHEREAS, accordingly, the City Council desires to submit to the Fort Collins electors the Charter amendment 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 the following proposed changes to Article II and Article VIII of the City Charter, shifting the City’s regular municipal election from each odd-year April to each Item 7_Att 1 Packet Page024 2 odd-year November, shall be submitted to the registered electors of the City as “Proposed Charter Amendment ???” at the November Election: ARTICLE II. CITY COUNCIL Section 1. Membership; terms. . . . (d)Terms. Except as otherwise provided in Section 18 of this Article and Section 3(d) of Article IX, the term of office of the Mayor shall be two (2) years, and the term of office of all other members of the Council shall be four (4) years each; provided, however, that all such officers shall serve until their successors have been elected and have taken office. The terms of the Mayor and other members of the Council shall begin when they take the oath of office, which shall occur as the first order of business at the first regular ora special Council meeting on the second Tuesday of January next after the following the final certification of election results and after expiration of the recount period, or, if appointed, the first regular or special Council meeting following their appointment. . . . Section 4. Organization. The Mayor shall preside at meetings of the Council and shall be recognized as head of the city government for all ceremonial purposes and by the Governor of the state for purposes of military law. The Mayor shall execute and authenticate legal instruments requiring the signature of the Mayor. The Mayor shall also perform such other duties as may be provided by ordinance which are not inconsistent with the provisions of this Charter. At the first regular or special meeting after final certification of a City electionat which newly-elected officers take their oath of office as described in Section 2(d) of this Article, and after expiration of the recount period, the Council shall elect a Mayor Pro Tem for a two (2) year term from among the members of the Council to act as Mayor during the absence or disability of the Mayor. If a vacancy occurs in the position of Mayor, the Mayor Pro Tem shall become Mayor as provided in Section 18(b) below. If a vacancy occurs in the position of Mayor Pro Tem, whether through resignation or otherwise, the Council shall at the first regular or special meeting after the occurrence of such vacancy elect a new Mayor Pro Tem to serve for the remainder of the vacated term. . . . ARTICLE VIII. ELECTIONS Section 1. Applicability of state constitution. The Council shall provide by ordinance for the manner of holding city elections. All ordinances regarding elections shall be consistent with the provisions of this Charter and the state Constitution. Any matter regarding elections not covered by the state Constitution, this Charter or ordinance of the Council shall be governed by the laws of the State of Colorado relating to municipal elections, or coordinated municipal elections, as applicable. Section 2. City elections. A regular city election shall be held on the first Tuesday after the first Monday in April November of every odd- numbered years. All other municipal elections shall be known as sSpecial city elections and shall be called by Packet Page025 - 3 - ordinance and shall be held in accordance with the provisions of this Charter and any ordinances adopted pursuant thereto. All municipal elections shall be nonpartisan. In order to implement a change of regular city elections from April of each odd-numbered year to November of each odd-numbered year, the term of the Mayor and each Councilmember shall be extended to such time as a successor elected in November of the appropriate odd-numbered year (consistent with Article II, Section 1(b)) takes office, unless otherwise ended due to an event of vacancy or recall. Such change in term length shall have no effect on the number of terms any such officer may be elected under the applicable term limits. Section 3. Nomination; withdrawal from nomination. Any person who is qualified at the time of nomination for the office to be filled may be nominated for the elective office by petition. A nominating petition for the office of Mayor shall be signed by not less than twenty-five (25) registered electors. A nominating petition for District Council office shall be signed by not less than twenty-five (25) registered electors residing in that District. A registered elector may sign one (1) petition for each office for which the elector is entitled to vote at the election. If an elector should sign more petitions than entitled, said elector's signature shall be void as to all petitions which the elector signed. Nominating petitions must be filed with the City Clerk. The Council shall enact an ordinance specifying the time frame for circulation and submittal of nominating petitions and the deadline for withdrawal from candidacy for municipal office. Such time frame shall not be changed within one (1) year hundred eighty (180) days immediately prior to the election. No nominating petition shall be accepted unless the candidate completes a verified acceptance of the nomination certifying that he or she is not a candidate, directly or indirectly, of any political party, and that he or she meets the qualifications for office, and will serve if elected. A person who has been nominated may withdraw from candidacy by filing a written request to do so with the City Clerk before the deadline established by Council ordinance for such withdrawal, and no name so withdrawn shall be placed upon the ballot. . . . Section 5. Board of Elections for City-administered elections. There is hereby created a Board of Elections consisting of the City Clerk, Chief Deputy City Clerk, and Chief Judge. The Board shall be responsible for any election duties specified in this Charter and for such additional duties related to the conduct of elections by the City as may be established by the Council by ordinance. . . . Packet Page026 -4 - Section 7. Certification of election results. (a)No later than the date specified by the Council by ordinance tenth day after every city election and, after verifying the total number of legal votes cast for each candidate and measure voted upon, the Board of Elections shall complete a certificate declaring the results of the election. The candidate receiving the highest number of votes for a particular office shall be declared elected to that office. In event of a tie, the selection shall be made by the Board of Elections by lot after notice to the candidates affected. In case the candidate elected fails to qualify within sixty (60) days after the date of issuance of the certificate of election, the candidate with the next highest vote shall be elected, and the candidate failing to qualify shall forfeit his or her office whether or not such candidate has taken the oath of office. If there is no other elected successor who qualifies, the office shall be deemed vacant, and shall be filled by appointment by the remaining members of the council, as provided in Article II, Section 18. In the event of a mandatory recount or recount by request, the Board of Elections shall complete an amended certificate declaring the results of the election no later than the fifth day after the completion of the recount. (b) For coordinated city elections (which are not administered by the City), the election shall be determined and certified and any tie vote or recount shall be administered, as provided in the applicable state law. . . . Section 10. Validity of City-administered elections. No Ccity-administered election shall be invalidated if it has been conducted fairly and in substantial conformity with the requirements of this Charter. . . . Section 3. That the following ballot title, with its title and submission clause, is hereby adopted for submitting Proposed Charter Amendment No. to the voters at the November Election: CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. ___ (November Elections) Shall Article VIII of the Charter of the City of Fort Collins, regarding the conduct of City elections, be amended to: •make the regular city election date the first Tuesday in November of every odd- numbered year, instead of the first Tuesday after the first Monday in April of every odd-numbered year; •transition to the new election schedule by extending the current term of the Mayor and of each Councilmember from April to November of the appropriate odd-numbered year, without altering the number of terms each may serve; •allow for coordinated elections to be conducted by the County Clerk and Recorder and clarify the applicable law for coordinated elections; •allow Council to adjust the time frame for candidate nominations and withdrawals up to 180 days prior to an election; and Packet Page027 -5 - •make minor conforming edits; and shall Article II of the Charter, regarding membership, terms and organization of the City Council, be amended to provide that City officers elected in a November election shall be sworn in and take office, and a Mayor Pro Tem shall be elected, at a special Council meeting on the second Tuesday of January after such election? Yes/For No/Against Section 4. That pursuant to Section 31-2-210(4) of the Colorado Revised Statutes, the City Clerk is directed to publish in the Coloradoan a notice of the City’s November 8, 2022, special election coordinated with Larimer County and to include in that notice the full text of the proposed amendments to Charter Article II and Article VIII as stated in this Ordinance. Such notice is to be published within thirty (30) days of the adoption of this Ordinance and not less than sixty (60) days nor more than one hundred twenty (120) days before said election. Introduced, considered favorably on first reading, and ordered published this 21st day of June, A.D. 2022, and to be presented for final passage on the 5th day of July, A.D. 2022. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of July, A.D. 2022. __________________________________ Mayor ATTEST: City Clerk Packet Page028 ORDINANCE NO. _____, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS A PROPOSED AMENDMENT TO THE CITY CHARTER CONCERNING THE USE OF A RANKED VOTING METHOD TO ELECT FUTURE MAYORS AND COUNCILMEMBERS OF THE CITY OF FORT COLLINS WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins (the “Charter”) provides that the Charter may be amended as provided by the laws of the State of Colorado; and WHEREAS, Section 31-2-210, Colorado Revised Statutes, provides that Charter amendments may be initiated by the adoption of an ordinance by the City Council submitting a proposed amendment to a vote of the registered electors of the City of Fort Collins; and WHEREAS, on May 17, 2022, the City Council adopted on second reading Ordinance No. 056, 2022, calling a special municipal election (“November Election”) to be held in conjunction with the November 8, 2022, Larimer County General Election; and WHEREAS, Article VIII of the Charter concerns the conduct of elections in the City of Fort Collins, including Article VIII, Section 7, regarding the Certification of Election Results; and WHEREAS, Section 31-10-617, Colorado Revised Statutes, provides authority to municipalities to choose to use a ranked voting method to elect the mayor or members of the governing body of the municipality; and WHEREAS, the City Council is of the opinion that a ranked voting method could offer more expressive voting for Fort Collins electors, encourage participation in the electoral process, and result in municipal representation that is better representative of the preferences of Fort Collins electors; and WHEREAS, the Council’s intent in adopting this Ordinance is to present to the City’s electorate at the November Election, through the ballot title set in Section 3 of this Ordinance, a proposed amendments to Article VIII and Article IX of the City Charter that would, if adopted, provide that Fort Collins electors shall elect the City mayor and council members through a ranked voting method, beginning with the regular City election in 2025, and for all elections moving forward; and WHEREAS, accordingly, the City Council desires to submit to the Fort Collins electors the Charter amendment below. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Item 7_Att 2 Packet Page029 Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the following proposed changes to Article VIII and Article IX of the City Charter, requiring the use of a ranked voting method for all elections after January 1, 2025, shall be submitted to the registered electors of the City as “Proposed Charter Amendment ___” at the November Election: ARTICLE VIII. ELECTIONS Section 1. Applicability of state constitution. The Council shall provide by ordinance for the manner of holding city elections. All ordinances regarding elections shall be consistent with the provisions of this Charter and the state Constitution. Any matter regarding elections not covered by the state Constitution, this Charter or ordinance of the Council shall be governed by the laws of the State of Colorado relating to municipal elections, or coordinated municipal elections, as applicable. . . . Section 7. Certification of election results. (a)No later than the date specified by Council by ordinance tenth day after every city election and, after verifying the total number of legal votes cast for each candidate and measure voted upon, the Board of Elections shall complete a certificate declaring the results of the election. The candidate receiving the highest number of votes for a particular office, as determined pursuant to this Section 7, shall be declared elected to that office. In event of a tie, the selection shall be made by the Board of Elections by lot after notice to the candidates affected. In case the candidate elected fails to qualify within sixty (60) days after the date of issuance of the certificate of election, the candidate with the next highest vote pursuant to the certificate of election shall be elected, and the candidate failing to qualify shall forfeit his or her office whether or not such candidate has taken the oath of office. If there is no other elected successor who qualifies, the office shall be deemed vacant, and shall be filled by appointment by the remaining members of the council, as provided in Article II, Section 18. In the event of a mandatory recount or recount by request, the Board of Elections shall complete an amended certificate declaring the results of the election no later than the fifth day after the completion of the recount. (b)For coordinated city elections (which are not administered by the City), the election shall be determined and certified and any tie vote or recount shall be administered, as provided in the applicable state law. The candidate receiving the highest number of votes for a particular office, as determined pursuant to Section 7(c), shall be declared elected to that office. (c)Ranked voting methods. Beginning in 2025, the candidate receiving the highest number of votes for a particular office will be determined using a ranked voting method. (1) For a City-administered election, the ranked voting method will be in accordance with specifications adopted by the City Council by ordinance. (2)For a coordinated election, the ranked voting method will be in accordance with, and as provided by, applicable state law. Packet Page030 -3 - ARTICLE IX. RECALL Section 3. Elections. . . . (d)Election results. If a majority of those voting on the question of the recall of any incumbent from office votes "No," the incumbent continues in office. If a majority votes "Yes" for the incumbent's removal, the incumbent shall thereupon be deemed removed from his or her office upon the taking of the oath of office by his or her successor. If the officer is recalled, the candidate for succession receiving the highest number of votes at the election determined in accordance with Article VIII, Section 7, shall be declared elected for the remainder of the incumbent's term. The candidate elected shall take office upon taking the oath of office, which shall occur as the first order of business at the next regular or special Council meeting. In case the candidate elected fails to qualify within sixty (60) days after the issuance of a certificate of election, the candidate with the next highest vote shall be elected, and if there is no other elected successor who qualifies, the office shall be deemed vacant, and shall be filled by appointment by the remaining members of the Council, as provided in Article II, Section 18. Section 3. That the following ballot title, with its title and submission clause, is hereby adopted for submitting Proposed Charter Amendment No. to the voters at the November Election: CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. ___ (Ranked Voting) Shall Article VIII of the Charter of the City of Fort Collins, regarding the conduct of City elections, be amended to: •require that for all regular city elections after January 1, 2025, the offices of Mayor and of each District Councilmember shall be elected using a “ranked voting method,” pursuant to the applicable Colorado statutes or, for City- conducted elections, procedures and deadlines adopted by the City Council by ordinance; •clarify the applicable law for coordinated elections; and •make minor conforming edits; and shall Article IX of the Charter, regarding recall, be amended to incorporate the ranked voting method set out in Article VIII? Yes/For No/Against Section 4. That pursuant to Section 31-2-210(4) of the Colorado Revised Statutes, the City Clerk is directed to publish in the Coloradoan a notice of the City’s November 8, 2022, special election coordinated with Larimer County and to include in that notice the full text of the proposed Packet Page031 -4 - amendments to City Charter Article VIII and Article IX as stated in this Ordinance. Such notice is to be published within thirty (30) days of the adoption of this Ordinance and not less than sixty (60) days nor more than one hundred twenty (120) days before said election. Introduced, considered favorably on first reading, and ordered published this 21st day of June, A.D. 2022, and to be presented for final passage on the 5th day of July, A.D. 2022. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of July, A.D. 2022. __________________________________ Mayor ATTEST: City Clerk Packet Page032 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY June 16, 2022 Election Code Committee SUBJECT Review of Potential Campaign Finance Code Amendments EXECUTIVE SUMMARY Several amendments to Campaign Finance provisions in the City Code have been discussed by the Election Code Committee and draft language is again being presented to the Committee for consideration at this time. Additional amendments have been added to the draft based on feedback at the last Committee meeting. BACKGROUND / DISCUSSION The Election Code Committee has identified Campaign Finance changes as a priority. The provisions included in these draft amendments is based on Committee discussion. Consideration of an ordinance amending the Code relating to Campaign Finance provisions is tentatively scheduled for first reading before the full Council on June 21, 2022, and second reading on July 5, 2022. ATTACHMENTS Updated Draft Ordinance including markup of Code changes Packet Page033 Section 2. That Section 7-132 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-132. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section: . . . Contribution shall mean: . . . (4)With regard to a contribution for which the contributor receives compensation or consideration of less than equivalent value to such contribution, including, but not limited to, items of perishable or nonpermanent value, goods, supplies, services or participation in a campaign-related event, mailing lists and other similar items of value, thean amount equal to the value in excess of the amount of such compensation or consideration as reasonably determined by the candidate committee, issue committee or political committee based on market prices or other similar information. Contribution shall not include: (1)Services provided without compensation by an individuals volunteering their time on behalf of a candidate, candidate committee, political committee, issue committee or small-scale issue committee, unless such individual is providing professional services for which a fee would commonly be paid; (2)Mailing lists that have never been sold or offered for sale; (3)Funds collected subsequent to the election to pay the cost of a requested recount pursuant to 7-46. . . . Contribution in kind shall not include an endorsement of a candidate or an issue by any person and shall not include the payment of compensation for legal and accounting services rendered to a candidate, candidate committee, political committee, issue committee or small-scale issue committee if the person paying for the services is the regular employer of the individual rendering the services and the services are solely for the purpose of ensuring compliance with the provisions of this Article. [new change] . . . Independent expenditure shall mean the payment of money by any 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 person for supporting or opposing a ballot issue or ballot question that is not controlled by, or coordinated with, an issue committee or a small-scale issue committee. Independent expenditure shall include, but not be limited to, advertisements placed for a fee on Item 8_Att 1 Packet Page034 another person's website or advertisement space provided for no fee or a reduced fee where a fee ordinarily would have been charged. . . . Issue committee shall mean: (1) Two (2) or more persons who are elected, appointed or chosen, or have associated themselves, for the purpose of and that take steps in furtherance of an intent to accepting contributions or contributions in kind, or makeing expenditures, to support or oppose any ballot issue or ballot question; or (2) Any person that has takes steps in furtherance of an intent to acceptsed contributions or contributions in kind for the purpose of supporting or opposing any ballot issue or ballot question; or (3) Any person or associated persons upon making independent expenditures of two thousand five hundred dollars ($2,500) or more for the purpose of supporting or opposing any ballot issue or ballot question. . . . Political committee shall mean: (1) Two (2) or more persons who are elected, appointed or chosen, or have associated themselves, for the purpose ofand that take steps in furtherance of an intent to accepting contributions, or contributions in kind, or makeing expenditures to support or oppose one (1) or more candidates; or. (2) Any person that takes steps in furtherance of an intent to has accepted contributions or contributions in kind for the purpose of supporting or opposing one (1) or more candidates; or (3) Any person or associated persons upon making independent expenditures of two thousand five hundred dollars ($2,500) or more for the purpose of supporting or opposing one (1) or more candidates. . . . Small-scale issue committee means a committee otherwise meeting the definition of issue committee that has accepted or made contributions, contributions in kind or expenditures in an amount that does not exceed two thousand five thousandhundred dollars ($5,02,500.) during an applicable election cycle for the major purpose of supporting or opposing any ballot issue or ballot question. The following are each treated as a single small-scale issue committees: a. All small-scale issue committees that supports or opposes a common ballot measure if the committees is are established, financed, or controlled by a single corporation or its subsidiaries; b. All small-scale issue committees that supports or opposes a common ballot measure if the committees isare established, financed, maintained, or controlled by a single labor organization or the affiliated local units it directs; and c. All small-scale issue committees that supports or opposes a common ballot measure if the committees isare established, financed, maintained, or controlled by substantially the same person, group of persons, or other organizations. Packet Page035 . . . Section 3. That Section 7-134 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-134. Registration of committees; termination. (a) All candidate committees, political committees and issue committees shall register with the City Clerk before accepting any contributions or contributions in kind or making any expenditures. Registration must be on a form provided by the City Clerk and must include the following, together with any other information required to complete the registration form. . . . (7) The name and address of the financial institution in which all contributions received by the committee are deposited in a separate account bearing, in the case of a candidate committee, the name of the committeecandidate, or in the case of a political or issue committee, the name of the person authorized to act as the registered agent for the committee, and documentation of such account reasonably satisfactory to the City Clerk; and . . . Section 4. That Section 7-135 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-135. Campaign contributions/expenditures. (a) Limits. (1) No person may make contributions and/or contributions in kind totaling more than one hundred dollars ($100.) to the candidate committee of any candidate for the office of Mayor. No person may make contributions and/or contributions in kind totaling more than seventy-five dollars ($75.) to the candidate committee of any candidate for the office of Councilmember. These limitations shall apply to all contributions or contributions in kind, whether made directly to a candidate committee or indirectly via earmarked gifts passed through an intermediary, except that these limitations shall not apply to: . . . d. Contributions made to a candidate committee by another candidate committee established by the same individual as a candidate for the office of Mayor or Councilmember. . . . (c) Joint contributions. No person shall make a contribution jointly with another person through the issuance of a check drawn on a jointly owned account unless: (i) the total amount of the joint contribution is less than the maximum amount that can be contributed by one (1) person under the contribution limits established in Subsection (a) of this Section Packet Page036 or (ii) the check is signed by all owners of the account, in which event the amount of the total contribution shall be allocated equally among all such persons unless a different allocation is specified on the face of the check. No candidate committee shall knowingly accept a contribution made in violation of this Subsection (bc). (d) Contributions in excess of limits. No later than ten (10) business days after receiving a contribution or contribution in kind in excess of the limits set forth in this Section, the candidate committee that received the contribution shall remit the excess to the contributor or pay to the contributor the value of the contribution in kind. (e) No candidate committee, issue committee, small-scale issue committee or political committee shall knowingly accept contributions or contributions in kind from any person who is not a citizen of the United States, from a foreign government or from any foreign corporation that does not have authority to transact business in this State pursuant to Article 115 of Title 7, C.R.S., or who is prohibited from contributing pursuant to the Charter of the City of Fort Collins or this Article. (f) No issue committee, small-scale issue committee or political committee shall make a contribution or contribution in kind to any candidate other committee or to any candidate. . . . (h) Recordkeeping. (1) All contributions and contributions in kind received by a candidate committee, small- scale issue committee, issue committee or political committee shall be documented and deposited and maintained in a financial institution in a separate account whose title shall include the name of the committeethat complies with Subsection 7-134(a)(7). Following any election in which the committee received contributions, the committee shall maintain Aall records pertaining to contributions and related accounts shall be maintained by the committee for one (1) year following any electionthe date the final disclosure report is due under Section 7-136 or the date the committee terminates, whichever is later, in which the committee received contributions unless a complaint has been filed under Subsection 7-145(a) alleging a violation of the provisions of this Article, or the person or committee has received notice of an investigation or prosecution of a violation of this Article by the City or other law enforcement authority, in which case they shall be maintained until final disposition of the complaint and any consequent court proceedings. Such records shall be subject to inspection in connection with any investigation or other action to enforce the terms of this Article. (2) Following any election in which the committee made any expenditure, the committee shall document all expenditures and shall maintain All expenditures shall be documented and all records pertaining to said expenditures, including but not limited to invoices, receipts, instruments of payment, and copies of any public communications produced as a result of the expenditure, shall be maintained by the committee for one (1) year following the date the final disclosure report is due under Section 7-136 or the date the committee terminates, whichever is later,any election in which the committee expended the funds unless a complaint has been filed under Subsection 7-145(a) alleging a violation of the provisions of this Article, or the person or committee has Packet Page037 received notice of an investigation or prosecution of a violation of this Article by the City or other law enforcement authority, in which case they shall be maintained until final disposition of the complaint and any consequent court proceedings. Documentation shall include the name and address of the vendor(s) or payee(s) providing the property, materials, or services and the amount of the expenditure. Such records shall be made available within three (3) business days upon request of the City and subject to inspection in connection with any investigation or other action to enforce the terms of this Article. (i) Reimbursements prohibited. No person shall make a contribution or contribution in kind to a candidate committee, issue committee, small-scale issue committee or political committee with the expectation that some or all of the amounts of such contribution will be reimbursed by another person. No person shall be reimbursed for a contribution or contribution in kind made to any candidate committee, issue committee, small-scale issue committee or political committee, nor shall any person make such reimbursement. An unexpended campaign contribution returned to a contributor or compensation for a contribution in kind by a candidate committee pursuant to § 7-135(c) shall not be considered a reimbursement. (j) A candidate committee, issue committee, small-scale issue committee or political committee shall not coordinate its expenditures or activities with, or share information with, any other such committee and shall not conduct its campaign activities in a manner that has the effect of circumventings any restrictions or limitations on campaign contributions, expenditures or reporting set forth in this Article. Section 5. That Section 7-136 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-136. Disclosure; filing of reports. . . . (b) For purposes of complying with the requirements of this Section, an issue committee, political committee or small-scale issue committee consisting of an organization whose primary purpose is not to support or oppose ballot issues or candidates shall report only those contributions and contributions in kind accepted, expenditures made and obligations entered into for the purpose of supporting or opposing a ballot issue or ballot question or candidate. Such issue committee shall not be required to report donations, membership dues or any other payments received and for non-election purposes unless except to the extent such amounts are used or set aside to be used for the purpose of supporting or opposing a ballot issue or ballot question or candidate. . . . (d) The reports required by this Section shall include the balance of funds at the beginning of the reporting period, the total of contributions and contributions in kind received, and the total of expenditures made during the reporting period and the name and address of the financial institution used by the committee or party. The reports shall also include cumulative totals of contributions and contributions in kind received and a cumulative total of expenditures made by the committee during the election cycle. Packet Page038 (e) All reports shall be submitted on forms provided by the City Clerk and shall be complete and correct in all respects. Reports shall be current in all respects as of two (2) days prior to the date upon which each such report is to be filed. (f) A report required to be filed by this Section is timely if the paper report is received by the City Clerk not later than the close of business on the date due or if the report is filed electronically not later than midnight Mountain Standard Time on the date due. Notwithstanding the foregoing, the report that is due by noon on the Friday before the election must be filed by noon regardless of the manner of filing. . . . (i) Except as specified in this Subparagraph (i), the disclosure requirements specified in this Section shall not apply to a small-scale issue committee. To the extent there is any conflict between the small-scale issue committee provisions of Subparagraphs (i), (j), (k), and (l) of this Section 7-136, those Subparagraphs shall control. Any small-scale issue committee shall disclose or file reports about the contributions, contributions in kind or expenditures it has made or received or otherwise register as an issue committee in connection with accepting or making such contributions or expenditures in accordance with the following alternative requirements: (1) Any small-scale issue committee that accepts or makes contributions or contributions in kind or makes expenditures in an aggregate amount during any applicable election cycle that does not exceed two hundred fifty dollars ($2050.) is not required to disclose or file reports about the contributions, contributions in kind or expenditures it has made or received or otherwise register as an issue committee in connection with accepting or making such contributions or contributions in kind or making such expenditures. (2) Any small-scale issue committee that accepts or makes contributions or contributions in kind or makes expenditures in an aggregate amount during any applicable election cycle of between two hundred fifty dollars ($2500.) and two thousand five thousand hundred dollars ($52,0500.) shall register with the City Clerk within ten (10) business days of the date on which the aggregate amount of contributions or expenditures exceeds two hundred fifty dollars ($2500.). The registration required by this subparagraph must be on a form provided by the City Clerk and must include the following, together with any other information required to complete the registration form: . . . (j) Except as required by Subsection 7-135(f)(2), no small-scale issue committee described in subsection (i)(2) is required under this Article to disclose or report any contributions, contributions in kind or expenditures it has made or received, so long as it continues to meet the definition of small-scale issue committee. (k) Within seven (7) days of the date on which a small-scale issue committee accepts or makes contributions or contributions in kind or makes expenditures in an aggregate amount during any applicable election cycle that exceeds two thousand five hundredthousand dollars ($25,5000.), the committee shall: Packet Page039 (1) through its registered agent, report this change in the committee's status to the City Clerk; and (2) report to the City Clerk on an approved form, for each particular contribution, contribution in kind or expenditure accepted or made, the name and address of each person who has made such contribution or contribution in kind and the amount of each specific contribution, contribution in kind and expenditure accepted or made by the committee. (l) Once any issue committee that began as a small-scale issue committee accepts or makes contributions or contributions in kind or makes expenditures in an aggregate amount during any applicable election cycle that exceeds two thousand five thousand hundred dollars ($52,0500.), the committee shall from that point forward make disclosure of any contributions, contributions in kind or expenditures it accepts or makes not already reported under Subparagraph (k) and comply with all requirements under this Article applicable to issue committees. . . . Section 6. 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. (a) Any person, excluding a committee required to register under this Article, who makes independent expenditures in connection with any particular ballot totaling in the aggregate more than two hundred fifty dollars ($250.) shall report any such independent expenditures made after that threshold is met to the City Clerk on a form provided by the City Clerk no later than three (3) business days after the day that funds are obligated to pay for said independent expenditure. Said notice shall include the following information, together with any other information required by the City Clerk: (1) The name, address and telephone number of the person making the independent expenditures; (2) The name of the candidate whom the independent expenditures are intended to support or oppose; (3) The name and address of the vendor(s) providing the property, materials or services; (4) A detailed description of the independent expenditures sufficient to allow for determination of compliance with this section; (5) The amount of the independent expenditures; (6) The date the funds were obligated; and (7) Copies of receipts, invoices, or other documentation related to the independent expenditure. (b) For the purposes of this provision, funds shall be considered to have been obligated as soon as an agreement is reached for the provision of the property, materials or services in question, regardless of when payment is to be made for such property or services. Packet Page040 (c) All independent expenditures shall be documented and all records pertaining to independent expenditures, including but not limited to invoices, receipts, instruments of payment, and copies of any public communications produced as a result of the expenditure, shall be maintained for one (1) year following any election in which the funds were expended unless a complaint has been filed under Subsection 7-145(a) alleging a violation of the provisions of this Article, or the person or committee has received notice of an investigation or prosecution of a violation of this Article by the City or other law enforcement authority, in which case they shall be maintained until final disposition of the complaint and any consequent court proceedings. Such records shall be made available within three (3) business days upon request of the City and subject to inspection in connection with any hearing held pursuant to this Article. (d) Any person or persons, excluding a committee otherwise required to register under this Article, who makes or make independent expenditures in connection with any particular City election (including either candidate races or ballot questions or issues) totaling in the aggregate two thousand five hundred dollars ($2,500) or more, shall register as an issue committee or political committee, as applicable, within three (3) business days of having made expenditures in excess of such threshold. The initial report of any such committee shall provide the dates of any reports of independent expenditures previously made and the source of funds for said previously reported expenditures. Section 7. That Section 7-141 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-141. Expenditures for political advertising; rates and charges. (a) No candidate committee shall pay to any radio or television station, newspaper, periodical, internet advertiser or website provider, social media provider or other supplier of materials or services a higher charge than that normally required for local commercial customers for comparable use of space, materials or services. Any such rate shall not be rebated, directly or indirectly. (b) Any radio or television station, newspaper, internet advertiser or website provider, social media provider or periodical that charges an issue committee, small-scale issue committee or candidate a committee a lower rate for use of space, materials or services than the rate such station, newspaper, internet advertiser or website provider, social media provider or periodical or supplier charges another issue committee or candidate committee for the same ballot measure or public office for comparable use of space, materials or services shall report the difference in such rate as a contribution in kind to the committee that is charged such lower rate. A person who receives a discounted rate as described herein shall be deemed to have received a contribution and to meet the definition of political committee, issue committee or small-scale issue committee, as applicable, and must comply with the related requirements. . . . Section 8. That Section 7-143 of the Code of the City of Fort Collins is hereby amended to read as follows: Packet Page041 Sec. 7-143. Violations and penalties. (a) Except as provided in Subparagraph (eb) herein, any person who knowingly violates or fails to comply with the provisions of this Article as set forth in the following schedule commits a civil infraction and is subject to a civil penalty as follows: Code Section Penalty Amount 7-133 – Candidate affidavit; disclosure statement; failure to file No monetary penalty (disqualification per Section 7-133) 7-134 - Registration of committees; termination. $150 first offense; $300 each subsequent offense 7-135 - Campaign contributions/expenditures. $100 first offense; $200 each subsequent offense 7-136 - Disclosure; filing of reports. $100 first offense; $200 each subsequent offense 7-137(b) - Reports to be public record. $50 first offense; $100 each subsequent offense 7-138 - Unexpended campaign contributions. $100 first offense; $200 each subsequent offense 7-139 - Independent expenditures $100 first offense; $200 each subsequent offense 7-140 - Responsibility for communications. $50 first offense; $100 each subsequent offense 7-141 - Expenditures for political advertising; rates and charges. $50 first offense; $100 each subsequent offense (b) Any person who undertakes any of the following commits a misdemeanor and is subject to a fine or imprisonment in accordance with § 1-15: (1) Knowingly violates § 7-135(e), (i), or (j), with the intent to circumvent the restrictions of § 7-135. (2) Knowingly violates § 7-136 with the intent to fraudulently misrepresent campaign contributions or expenditures on a disclosure report; (23) Knowingly violates § 7-142; or (34) Is found liable for a violation after the person has been found liable for two (2) or more violations under this Article in a single election cycle. . . . (d) Each complaint received under Division 2 of this Article shall be posted on the City’s website along with other campaign information. Records of communications between the City Clerk and the complainant and between the City Clerk and the subject of any complaint shall be a public record. Packet Page042 Section 9. 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. . . . (d) For complaints that do not allege a criminal violation, the complaints shall be subject to a civil infraction process as provided herein: . . . (4) If the City Attorney determines that the complaint satisfies the three (3) elements in the immediately preceding Subsection (2), the City Attorney shall notify the City Clerk who will, in turn, notify the respondent in writing of the presumptive penalty in accordance with § 7-143(a) and that the respondent shall have seven (7) days from the date of the notice to submit written evidence of its cure or diligent efforts to cure the violation, including any amendments to any applicable report containing one or more deficiencies, modified campaign materials or other proof that the violation has been corrected. The respondent's written response shall be due to the City Clerk no later than 5:00 p.m. on the seventh (7th )tenth (10th) day. In the event the seventh (7th )tenth (10th) day is a City holiday, the response shall be due no later than 5:00 p.m. the next business day. . . . (10) Any person that commits a violation of this Article shall be personally liable for the penalties imposed. Any candidate shall be personally liable for penalties imposed upon the candidate or the candidate's committee and may use campaign contributions to pay penalties. Packet Page043