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HomeMy WebLinkAboutAgenda - Full - Election Code Committee - 07/01/2020 -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 July 1, 2020, 4:00-5:30 p.m. Remote Participation Only Agenda amended 6/29/2020 Committee Members: Mayor Wade Troxell Councilmember Julie Pignataro, District 2 (chair) Councilmember Ken Summers, District 3 Mayor Pro Tem Kristin Stephens, District 4 (alternate) Public Participation for Election Code Committee Meeting Public Participation for this remote Election Code Committee meeting will be available online or by phone. No one will be allowed to attend in person. View Meeting Agenda Public Participation (Online): Individuals who wish to address the Committee via remote public participation can do so through Zoom at electioncodecommittee070120. Individuals participating in the Zoom session should also watch the meeting through that site. The meeting will be available to join beginning at 3:30 p.m., Wednesday, July 1. Participants should try to sign in prior to the 4:00 p.m. meeting start time, if possible. For public comments, the Chair will ask participants to click the “Raise Hand” button to indicate you would like to speak at that time. Staff will moderate the Zoom session to ensure all participants have an opportunity to address the Committee. In order to participate: •Use a laptop, computer, or internet-enabled smartphone. (Using earphones with a microphone will greatly improve your audio). •You need to have access to the internet. •Keep yourself on muted status. Public Participation (Phone): •Dial public participation phone number: (346) 248-7799. •Enter the Meeting ID for the Election Code Committee Meeting, 924 8448 3476, followed by the pound sign (#) •The meeting will be available beginning at 3:30 p.m. Please call in to the meeting prior to 4:00 p.m., if possible. For public comments, the Chair will ask participants to click the “Raise Hand” button to indicate you would like to speak at that time – phone participants will need to hit *9 to do this. Staff will be moderating the Zoom session to ensure all participants have an opportunity to address the Committee. Once you join the meeting: o Keep yourself on muted status. Documents to Share: If residents wish to share a document or presentation, the City Clerk needs to receive those materials via email by 2:00 pm the day of the meeting. Individuals uncomfortable or unable to access the Zoom platform or unable to participate by phone are encouraged to participate by emailing general public comments y ou may have to cityclerk@fcgov.com. The City Clerk will ensure the Committee receives your comments. If you have specific comments on any of the discussion items scheduled, please make that clear in the subject line of the email and send prior to 2:00 p.m. the day of the meeting. 1.Call Meeting to Order •This meeting is being conducted remotely pursuant to Ordinance No. 079, 2020. The City Manager and the Mayor have determined that remote participation continues to be allowed and appropriate due to ongoing Coronavirus concerns and public health agency recommendations and Safer at Home orders and that election-related updates are pressing and require prompt action due to the upcoming election dates. 2.Citizen Comment (limited to 5 minutes per speaker) 3.Consideration and approval of the June 5, 2020 Committee Meeting Minutes 4.Discussion Items: a.Consideration of possible amendment to City Charter Article VIII, Section 8 regarding participation in elections by political parties, city employees, public service corporations or any other person intending to apply for a franchise or have a contract with the City b.Consideration of Possible Amendment to City Charter Article VIII, Section 9 regarding corrupt practices. 5.Other Business a.Petitioning Process Update 6.Adjournment ATTACHMENTS 1.June 5, 2020 Committee Meeting Minutes 2.Possible Charter Amendments 3.Political Committee memo (added to Agenda 6/29/2020) 4.April 6, 2021 Election Calendar Deadlines 5.Current Initiative Petition Process There are three or more members of City Council that may attend this meeting. While no formal action will be taken by the Council at this meeting, the discussion of public business will occur and the meeting is open to the public. Next: Council Work Session, July 28, 2020 City of Fort Collins Page 1 June 5, 2020 ELECTION CODE COMMITTEE MEETING 3:30 PM COUNCILMEMBERS PRESENT: Troxell, Pignataro, Summers STAFF PRESENT: Carrie Daggett, Ryan Malarky, Delynn Coldiron, Rita Knoll, Kelly DiMartino CITIZENS PRESENT: Jody Deschenes, Robbie Moreland, Kathleen Schmidt, Kevin Jones, Jan Rossi, Michele Haefele (Secretary's Note: Due to the COVID-19 crisis and state and local orders to remain safer at home and not gather, all Councilmembers, staff, and citizens attended the meeting remotely, via teleconference.) 1. CALL MEETING TO ORDER Chair Pignataro called the meeting to order and discussed the Zoom remote participation. 2. CITIZEN COMMENT Robbie Moreland thanked the Committee for sending the recommendation to eliminate anonymous contributions to the entire Council. She stated there is no limit on donations from individuals to political committees in Fort Collins but at the state level, that limit is $625 per two-year election cycle. She requested the Committee address this campaign finance loophole as soon as possible. She requested confirmation on her assertions that the limits do not exist, and that political committees can coordinate with candidates. Jody Deschenes stated there are currently no limits on donations from individuals to political committees and no prohibition of coordination between candidates and political committees. She requested contributions to political committees be limited to $100. She thanked the Committee for recommending to Council that anonymous donations be eliminated. Kathleen Schmidt, League of Women Voters of Larimer County, thanked the Committee for its work. She expressed support for matching the state law regarding campaign contribution limits from LLCs. Chair Pignataro asked if it is true there is no limit on contributions to political committees and that there is no prohibition of political committees coordinating with candidates. City Attorney Daggett replied the definitions of the different types of committees do not necessarily describe contribution limits; however, there is a Code provision that specifically states committees of all types shall not coordinate expenditures with any other such committee in a manner that circumvents any restrictions or limitations on campaign contributions, expenditures, or reporting. She stated there are no limits on expenditures of committees because the campaign finance system in the Code, with the exception of the limitations on contributions to candidates, is aimed at essentially bringing light to expenditures through disclosures. The reason for that is that First Amendment protections exist for political speech. City Attorney Daggett clarified there is a limit on contributions to candidates, but not to political or issue committees. Staff is in the process of writing a memo addressing these topics. Mayor Troxell noted self-funding of campaigns can occur as well and he discussed the importance of candidates wanting to control their own messaging. 3. CONSIDERATION AND APPROVAL OF MAY 1, 2020 COMMITTEE MEETING MINUTES Mayor Troxell made a motion, seconded by Councilmember Summers, to adopt the May 1, 2020 Committee meeting minutes. The motion was adopted by unanimous consent. June 5, 2020 City of Fort Collins Page 2 4. STAFF REPORT: Overview of Code changes previously approved by the Election Code Committee and proposed timeline of changes to City's Election Code. Ryan Malarkey, City Attorney's Office, outlined the previously approved Code changes which include the elimination of anonymous donations, addressing allowing candidates to use unexpended candidate committee contributions for a non-City election or a subsequent City election, and making the majority of campaign finance violations administrative penalties rather than criminal violations, among other items. Chief Deputy City Clerk Knoll stated there is one more ECC meeting scheduled as proposed Charter amendments will need to go before the full Council by July or August to make the November ballot. The timeline for Charter amendments is different as they must be put on the ballot by ordinance, which requires two readings. City Attorney Daggett noted staff has considered having a work session for the entire Council on July 14. Chair Pignataro supported adding these items for discussion. 5. DISCUSSION ITEMS a. Possible Charter Amendments i. Consideration of possible amendment to City Charter Article VIII, Section 4(a) to eliminate the requirement that the affidavit of circulator contain a statement of the number of signers on that section of the petition. (No discussion needed; ECC previously supported bringing this forward to City Council.) ii. Consideration of possible amendment to City Charter Article II, Section 4 to conform with Article II, Section 1(d) to reflect the selection of Mayor Pro Tem does not occur until recount period has expired. Knoll stated the last round of amendments included a change related to when Council takes office, but no amendments were made to when the Mayor Pro Tem is selected, which has resulted in conflicting language. She outlined options for language clarification and provided pros and cons for various options. Mayor Troxell asked how long the outgoing Council would sit. Knoll replied they always remain until the new members are sworn in. Mayor Troxell suggested taking the two options to the work session perhaps with a preferred option from the Commission. Councilmember Summers stated it would be beneficial to get feedback from the full Council on this item. Committee members and staff discussed the timeline issues with both options. Chair Pignataro stated the option that provides more time could allow for onboarding to occur, which would be an advantage. Councilmember Summers discussed the possibility of establishing a date for the oaths of office and selection of the Mayor Pro Tem with the caveat that those dates would change if a recount is requested. Knoll replied that is essentially option one; however, there is no way to predict when the date of swearing in will be until the deadline to request a recount has passed. Mayor Troxell asked what would trigger a mandatory recount. Knoll replied it is a difference of less than one half of one percent; however, anyone can request a recount and fund it themselves. Councilmember Summers stated he would favor option one. Mayor Troxell concurred and stated he would prefer the swearing in to be closer to the election. Councilmember Summers asked if the November coordinated election is occurring only for these issues. City Clerk Coldiron replied these are the only City matters as of right now. June 5, 2020 City of Fort Collins Page 3 Councilmember Summers asked about the cost of a coordinated election. City Clerk Coldiron replied the cost is based on the number of registered voters, as well as the number of other jurisdictions that are participating. The exact cost is difficult to determine, but there will be additional costs because it is a presidential election. If the ballot becomes two pages, there is a significant additional cost. She estimated the cost to be at least $200,000. Councilmember Summers questioned whether that cost would be worth it when the items could be rolled into the regular City election in April. City Attorney Daggett stated a ballot question could be written for the April election that would make the effective date of the changes immediate. Chair Pignataro suggested the Committee continue the discussion at the full Council work session. Chair Pignataro asked if there is a hierarchy to be considered for the coordinated election. Knoll replied there is a hierarchy for how questions are placed on the ballot, with municipalities following state and county items. When the City participated in the 2012 presidential election, the cost to the City was $292,000, which did not include a second page. iii. Consideration of possible amendment to City Charter Article VIII, Section 9 regarding corrupt practices. City Attorney Daggett noted the issue that triggered this possible Charter amendment was the question about campaign finance complaints and the risk that someone who is elected to office would be found to have had a campaign finance violation. She stated the Code provisions reviewed by Malarky and the Commission over the past few meetings address that issue for the most part. There have not been many issues with this Charter provision from a practical standpoint. City Attorney Daggett stated if there was concern about the Charter provision applying to activities in advance of the April election, then a Charter change should perhaps be proposed to voters. Chair Pignataro stated she is leaning toward leaving the provision as is for now. Councilmember Summers supported leaving the provision as is or going with the option of deleting it and having it in the Code as an ordinance. Mayor Troxell agreed. City Attorney Daggett noted there is a challenge when discussing constraining someone from serving in a Council seat if the ordinance is contained in the Code rather than a provision in the Charter. City Attorney Daggett suggested Malarky explain options 2 and 3, as well. Malarkey replied there has been a question as to the definition of “at a City election” and both options 2 and 3 attempt to clarify that. Option 2 contains a specific intent element which would make the provision a little more specific as to the type of conduct it is trying to address. It also contains a timeframe limitation for specific offenses. Option 3 has the same narrowing of timeframe and types of offenses, but without the specific intent element. Malarky acknowledged trying to prove intent can be challenging. Chair Pignataro stated the intent piece introduces more confusion. City Attorney Daggett clarified this item deals with the mechanics of the election rather than campaign activities. Chair Pignataro asked what problem is being solved by this change. City Attorney Daggett replied the current language is vague in the sense that it talks about violating any law at a City election. It may or may not be an urgent problem in the sense that it has not actually been a problem other than during the last few elections when the number of complaints has increased and there has been more risk of someone being convicted of a campaign finance violation as a criminal misdemeanor. With the Code changes recommended by the Committee, that will no longer an issue. June 5, 2020 City of Fort Collins Page 4 Councilmember Summers made some language suggestions. City Attorney Daggett replied staff will return with some options for how this could be approached at the next meeting. iv. Consideration of possible amendment to City Charter Article VII, Section 8 regarding participation in elections by political parties, City employees, public service corporations or any other person intending to apply for a franchise or have a contract with the City. The Committee postponed consideration of this item to the next meeting. 6. OTHER BUSINESS None. 7. ADJOURNMENT The meeting adjourned by unanimous consent at 5:00 PM. POSSIBLE CHARTER AMENDMENT‐ARTICLE VIII, SECTION 8  1    III.  Article VIII, Section 8.    Summary:    No political party or city employee, directly or indirectly, and no public service  corporation, nor any other person, firm or corporation, owning, interested in, or  intending to apply for any franchise or contract with the city shall contribute or  expend any money or other valuable thing, directly or indirectly, to assist in the  election or defeat of any candidate.     Currently, the City Charter prohibits city employees or those who either hold a contract or intend  to hold a contract with the City from contributing or expending funds to support or oppose a  candidate.  There has been some discussion about whether Council desires to place amendments  to this provision on the ballot for voter approval.    Options to consider:    1. Leave application to City employees intact.  2. Remove ban on City employees.  3. Eliminate  ban  on indirect  expenditures  (independent  expenditures)  by  one  or  more  categories of listed persons  4. Eliminate ban on direct contributions or indirect expenditures (independent expenditures)  by one or more categories of listed persons    Discussion:    City Charter Art. VIII, Sec. 8 states, in relevant part:     . . .     No political party or city employee, directly or indirectly, and no public service  corporation, nor any other person, firm or corporation, owning, interested in, or  intending to apply for any franchise or contract with the city shall contribute or  expend any money or other valuable thing, directly or indirectly, to assist in the  election or defeat of any candidate.     Since  the  adoption  of  this  Charter  provision  in  approximately  1980,  there  have  been  developments in the law that may bear on the restrictions on who may contribute, directly or  indirectly, to assist in the election or defeat of a Council candidate.  The application of Section 8  to City employees was the matter of some discussion during and after the 2019 election.  Rather  than seeking a voter‐approved Charter change, the Council may wish to clarify the interpretation  of this provision through the adoption of a Code provision.     POSSIBLE CHARTER AMENDMENT‐ARTICLE VIII, SECTION 8  2    The law related to regulation of campaign contributions and expenditures continues to evolve,  and staff had also asked whether the Committee wished to review Section 8’s restrictions on  political parties and public service corporations, other persons, firms and corporations having  interests in City contracts or franchises.    The Committee has discussed this issue briefly; if the Committee is not interested in loosening  this restriction or eliminating it, no further discussion is required.     If there is a desire to relax any of the prohibitions in Section 8 for policy reasons, the Committee  may wish to discuss those policy considerations as part of this item.    If the ECC would like an executive session to discuss these potential legal issues, here is a  motion for the ECC to consider:    “I move that the Election Code Committee go into executive session for the  purpose of meeting with the City’s attorneys and City Clerk’s O ffice staff to discuss  the following matters as permitted under City Charter Article II, Section 11(2); City  Code Section 2‐31(a)(2); and Colorado Revised Statutes Section 24‐6‐402(4)(b):     To consult with attorneys representing the city regarding specific legal  questions involving litigation or potential litigation; and   The manner in which the particular policies, practices or regulations of the  City related to City elections may be affected by existing or proposed  provisions of federal, state or local law.”  POSSIBLE CHARTER AMENDMENT‐ARTICLE VIII, SECTION 9    1    III.  Article VIII, Section 9.    Summary:    Any person who violates at a city election any state law, provision of this Charter  or ordinance  of  the  city  shall,  upon  conviction  thereof,  be  disqualified  from   holding any city position or employment for two (2) years, or any elective office  for four (4) years.    The Committee has had some discussion about whether to recommend an amendment to Article  VIII, Section 9 Corrupt Practices, considering the significance of the repercussions of violations of  campaign finance requirements, which are currently treated as c riminal misdemeanors under the  City Code.  Specifically, to change this provision Council woul d need to place amendments to this  provision on the ballot for voter approval.    Options to consider:    1. Modify Code provisions creating misdemeanor violations to substantially remove the  issue of concern.  2. Remove section from the Charter entirely.  3. Amend to the provision to specify that only a violation with “intent to directly interfere  with a city election” within a timeframe of 6 months prior to a city election or before  certification of election results, would trigger the bar on holding office or employment  with the City.    4. Amend the provision to specify that only a violation of an “ordinance of the city directly  regulating the conduct of, or participation in, city elections within a timeframe of 6  months prior to a city election or before certification of election results would trigger the  bar on holding office or employment with the City.    It was also suggested that this bar on holding office (Council seat) would be appropriate to state  in the Charter where the requirements for serving as a Councilmember are listed. Staff has  considered this approach and it would be a workable alternative, if desired.     Discussion:    This amendment concerns the corrupt practices language in Charter Article VIII, Section 9, which  states:    Any person who violates at a city election any state law, provision of this Charter  or ordinance  of  the  city  shall,  upon  conviction  thereof,  be  disqualified  from   holding any city position or employment for two (2) years, or any elective office  for four (4) years.    POSSIBLE CHARTER AMENDMENT‐ARTICLE VIII, SECTION 9    2    This language in its current form was added to the Charter in 1997.  Similar language preceded  this version, beginning in 1986.  Some questions have been raised regarding what is meant by “at  a city election.”  To gain a better understanding of that language, with the assistance of the City  Clerk’s Office we researched the legislative history behind this Charter provision. To do so, we  reviewed the Charter Review Committee reports and minutes that led to the Charter provision  as it reads today.  Prior to 1997, the language stated:     Any person who violates at a city election any state law, provision of this Charter  or ordinance of the city, relative to registration or election, or who, if a candidate,  fails to file a sworn statement of expenses as herein required, upon conviction  thereof shall be disqualified from holding any city position or employment for two  (2) years, or any elective city office for four (4) years.     The pre‐1997 language contained the qualifier that the violation must be “relative to registration  or election” for the corrupt practices prohibition to apply.  “Relative to registration or election”  is not substantially different from “at a city election” so it does not provide readily available  guidance as to what types of offenses were of concern to the Charter’s drafters.     The pre‐1997 language also stated that the failure to file “a sworn statement of expenses” was  an offense punishable by this Section.  At that time, a sworn statement of expenses was a  requirement in a previous version of the Charter.  It required that, within thirty days after a city  election, every candidate must file an itemized statement showing in detail all amounts of money  contributed or expended by the candidate, and giving the names of the persons receiving that  money,  the  nature  of  each expenditure  and  its  purpose.    This requirement was eventually  removed  from  the  Charter.  However,  a  similar  requirement  exists  in  the  City  Code  today.   Section7‐136  requires  candidate  committees  to  file  regular  disclosure  statements  that  list  contributions  received,  the  source  of  the  contributions,  expenditures  made,  and  other  obligations of the committee.       Other than that, our research has not revealed what was originally intended with respect to “at  a city election.”  One could interpret “at a city election” in Section 9 was intended to discourage  illegal acts that would interfere with, or call into question the validity of, a city election.  This may  include direct interference with the election itself, such as submitting fraudulent ballots.  It might  also include interference with the circulation of a petition, such as causing fraudulent signatures  to be collected.      The Election Code Committee has expressed interest in revisiting Section 9 after it was recently  brought to the City Council’s attention during a campaign finance enforcement action.  Possible  alternatives with respect to Section 9 include: (1) removing the Section entirely; (2) amending  the language to clarify what is meant by “at a city election;” (3) amending the language so that it  is only triggered if a person is convicted of a criminal act; or (4) amending the language to clarify  that it is  triggered if a person is convicted of a criminal or civil violation.      POSSIBLE CHARTER AMENDMENT‐ARTICLE VIII, SECTION 9    3    Of note, if the City Council adopts the proposed administrative penalty process for campaign  finance violation, the vast majority of such potential violations would no longer be considered  criminal, which means a conviction would not result.  Without a conviction, the penalties of  Section 9 are not triggered.  If Council adopts the administrative penalty process, there will  remain three instances where a violation would be criminal: (1) where a person acts with a  fraudulent intent to misrepresent campaign contributions or expenditures on a disclosure form;  (2) where a person intentionally violates the prohibition against encouraging a candidate to  withdraw from their candidacy; and (3)  where a person violates  a campaign finance requirement  after already being found liable for violations two or more times in an election cycle.    Potential Charter Amendments to Article VIII, Section 9 (if a change is desired)    Option 1 – Remove Section entirely and place similar restrictions in City Code.    Option 2 – introduces an intent element, sets the timeframe for when an offense would trigger  this section, and elaborates on what type of offenses trigger this section.    Any person who, with the intent to interfere with the registration of any elector,  circulation of any petition, or the conduct of a city election, violates, at within six  (6) months preceding a city election or prior to the certification of city election  results any state law, provision of this Charter or ordinance of the city directly  regulating  the  conduct  of,  or  participation  in,  city  elections,  and  shall,  upon  conviction thereof, be disqualified from holding any city position or employment  for two (2) years, or any elective city office for four (4) years.    Option 3 – no specific intent element but sets a timeframe for offenses and elaborates on what  type of offenses would trigger this section.    Any person who violates at within six (6) months preceding a city election or prior  to the certification of city election results, any state law, provision of this Charter  or ordinance of the city directly regulating the conduct of, or participation in, city  elections, and shall, upon conviction thereof, be disqualified from holding any city  position or employment for two (2) years, or any elective city office for four (4)  years.    When the Committee met on June 5, Councilmember Summers suggested that the conviction of  an offense as described in Section 9 be added to the list of qualifications/disqualifications for  serving on Council in Article II, Section 2 of the Charter. If desired, such an amendment to the  Charter could be an improvement and this could be considered when other Charter amendments  come forward for Council review in advance of the next City election.  City Attorney’s Office 300 Laporte Avenue PO Box 580 Fort Collins, CO 80522 970.221.6520 970.221.6327 fcgov.com City Clerk 300 LaPorte Avenue PO Box 580 Fort Collins, CO 80522 970.221.6515 fcgov.com/cityclerk June 25, 2020 TO: Mayor Troxell and City Councilmembers THRU:'DULQ$WWHEHUU\&LW\0DQDJHU Kelly DiMartino, Deputy City Manager &DUULH'DJJHWW$WWRUQH\ FROM: Ryan Malarky, Assistant City Attorney Delynn Coldiron, City Clerk RE: Clarification regarding the participation of political action committees and 527 groups in City elections and relationship to City “political committees” This memorandum responds to questions raised by City Council at its June 2, 2020, meeting and subsequently discussed briefly by the Election Code Committee at its June 5, 2020, meeting. At the June 2nd Council meeting, some Councilmembers mentioned “political action committees” and “527 groups,” and Councilmembers asked for clarification about what the City Code requires with respect to the participation of political action committees and 527 groups in City elections. There was also a request for clarification as to whether the Code contains limits on contributions to political committees and whether political committees can coordinate with candidate committees. The Bottom Line provides answers to these specific questions, while the Discussion provides an overview of the Code requirements for political committees. In addition, a chart outlining the types of committees established under the City’s campaign finance provisions and related requirements and restrictions is attached. The City Clerk’s Office and the City Attorney’s Office will keep these questions in mind and suggest additional clarifying Code language as Code changes are prepared for City Council this summer. Bottom Line: 1. A “political action committee” (“PAC”) is an entity regulated at the federal level by the Federal Elections Commission. The term encompasses several different types of committees or associations, including but not limited to separately segregated funds of corporations or labor organizations, Super PACs, and Leadership PACs. The State of Colorado does not expressly y            Mayor Troxell and City Councilmembers June 25, 2020 Page 2 of 4 regulate PACs. However, to the extent a PAC’s conduct meets the state definition of a political committee, the PAC must register and comply with requirements for political committees. “527 groups” are political organizations that are tax-exempt under the federal Internal Revenue Code, and which are organized to support or oppose candidates. In certain instances, the State does require 527 groups to register as “political organizations.” The City Code does not specifically address PACs or 527 groups. However, to the extent PACs or 527 groups involve themselves in City elections and their conduct meets the City Code’s definition of a political committee, the Code requires that such organizations register and comply with the reporting requirements for a political committee. If a group does not fall within the City’s definition of “political committee”, expenditures in City elections would fall under the requirements for independent expenditures. 2. The City Code establishes various types of campaign committees, including “political committees” and does not limit the amount of contribution that can be made to political committees. 3. City Code Section 7-135(h) prohibits candidate committees, issue committees, small-scale issue committees and political committees from coordinating expenditures with other such committees in a way to avoid the restrictions on campaign contributions, expenditures or reporting. In addition, the Code amendments in 2018 were intended to preclude contributions by political committees to other committees. Because it would likely be helpful to include a more explicit statement in the Code that political committees are prohibited from coordinating campaign efforts with candidate committees and from making contributions to other committees, additional language reinforcing this prohibition will be included as part of upcoming amendments to the campaign finance provisions planned for later this summer. Discussion: The Colorado Fair Campaign Practices Act (“FCPA”) was enacted at the state level in January 1997, replacing the former Campaign Reform Act. The focus of campaign regulations in state law has historically been written with a focus on the regulation of state candidates, followed by county candidates. Many of the provisions of the FCPA are not relevant to municipal candidates. In November 2000, the City of Fort Collins, as a home-rule municipality, adopted its own campaign finance laws in lieu of those contained in state law. It was the stated intent of the City Council to “entirely occupy the field of regulating the conduct of City elections and . . . the campaign activities of persons who are seeking local elective office or supporting or opposing local ballot issues or contributing to the political campaigns relating to such candidates or issues.” At the time, the local laws were modeled after language contained in the FCPA, excluding provisions, or portions thereof, that were not relevant in municipal campaigns.            Mayor Troxell and City Councilmembers June 25, 2020 Page 3 of 4 Local Definition of Political Committee When City’s campaign laws were enacted in 2000, the definition of “political committee” in the City Code read as follows: Political committee shall mean two (2) or more persons who are elected, appointed, or chosen, or have associated themselves, for the purpose of making contributions to candidate committees, issue committees, or other political committees, or for the purpose of making independent expenditures. Political committee shall not include issue committees, or candidate committees as otherwise defined in this Section. This language mirrored the original definition in the FCPA with the exclusion of a reference to political parties. The definition remained unaltered in the City Code until September 2018 when it was amended in the following manner: Political committee shall mean: (1) twoTwo (2) or more persons who are elected, appointed or chosen, or have associated themselves, for the purpose of accepting contributions or making expenditures to support or oppose one (1) or more candidatescontributions to candidate committees, issue committees or other political committees, or for the purpose of making independent expenditures. (2) Any person that has accepted contributions for the purpose of supporting or opposing one (1) or more candidates. Political committee shall not include: (1) Issue committees or candidate committees as otherwise defined in this Section; or (2) Any partnership, committee, association, corporation, labor organization or other organization or group of persons previously established for a primary purpose outside of the scope of this Article. The 2018 amendments were intended to better define a political committee and remove any overlap with other committees or types of expenditures. In particular, the 2018 amendments: x Made clear that two or more persons who either take contributions or make expenditures to support or oppose candidates must register as a political            Mayor Troxell and City Councilmembers June 25, 2020 Page 4 of 4 committee. Previously, registration was not required until such persons received contributions and made expenditures. x Made clear that any person that accepts contributions to support or oppose candidates must register. The Code broadly defines a person as any individual, partnership, committee, association, corporation, labor organization or other organization or group of persons. x Made clear that candidate committees will not also be considered political committees. x Removed the language allowing political committees to make contributions to other committees. x Limited activities of a political committee to supporting or opposing candidates. x Eliminated the ability of political committees to make independent expenditures. x Removed language that excluded from the registration requirements any partnership, committee, association, corporation, labor organization or other organization or group of persons previously established for a primary purpose outside of the scope of the City’s campaign regulations from the definition of political committee. City Code Section 7-135(h) prohibits candidate committees, issue committees, small-scale issue committees, and political committees from coordinating expenditures with other such committees to circumvent any restrictions or limitations in the Code on campaign contributions, expenditures or reporting requirements. Independent expenditures are, by their definition, not coordinated with a candidate committee. The same holds true in the FCPA and related provisions in the Colorado Constitution. The Colorado Constitution does set a limit on contributions that can be made to, and accepted by candidate committees, including contributions made by political committees, under the State campaign finance regulatory system. Since the City does not allow political committees to make contributions to candidate committees, there is no direct comparison. Both the Colorado Constitution and City Code allow political committees to make direct expenditures supporting candidates. In order to make more explicit both of these points (both coordination by political committees and payments by political committees to other committees are prohibited), staff will include language to that effect in the Code amendments coming forward later this summer for Council’s consideration. Attachment            COMPARISON OF VARIOUS TYPES OF COMMITTEES FOR ELECTION PURPOSES Definition Registration required? Required to File Campaign Finance Reports? Can Accept Contributions? Can Make Contributions to Other Committees? Can Make Expenditures? Subject to “Paid for By” requirement? Candidate Committee A person, including the candidate, or persons with the common purpose of receiving contributions or making expenditures under the authority of a candidate. A candidate shall have only one (1) candidate committee. A candidate committee shall be considered open and active until the committee has filed a termination report with the City Clerk. Yes Yes Yes Councilmember candidate- $75/person Mayoral candidate- $100/person No Yes Yes Political Committee (1) Two (2) or more persons who are elected, appointed or chosen, or have associated themselves, for the purpose of accepting contributions or making expenditures to support or oppose one (1) or more candidates. (2) Any person that has accepted contributions for the purpose of supporting or opposing one (1) or more candidates. Political committee shall not include candidate committees as otherwise defined in this Section. Yes Yes Yes No Yes Yes Small-scale Issue Committee A committee otherwise meeting the definition of issue committee that has accepted or made contributions or expenditures in an amount that does not exceed five thousand dollars ($5,000.) during an applicable election cycle for the major purpose of supporting or opposing any ballot issue or ballot question. Once a small-scale issue committee accepts contributions/makes expenditures in excess of $5,000, the small-scale issue committee must register as an issue committee and file reports about the contributions or expenditures it has made or received since the beginning of its existence as a small-scale issue committee. (See Issue Committee) Not until it accepts contributions/makes expenditures in an aggregate amount that exceeds $200 Not until it accepts contributions/makes expenditures in an aggregate amount that exceeds $5000 (and then they become an issue committee) Yes No Yes Not until it accepts contributions/makes expenditures in an aggregate amount between $200 and $5000 Issue Committee (1) Two (2) or more persons who are elected, appointed or chosen, or have associated themselves, for the purpose of accepting contributions or making expenditures to support or oppose any ballot issue or ballot question; or (2) Any person that has accepted contributions for the purpose of supporting or opposing any ballot issue or ballot question. Issue committee shall not include small-scale issue committees as otherwise defined in this Section. Yes Yes Yes No Yes Yes Person making an Independent Expenditure Independent expenditure means 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 includes expenditures for political messages which unambiguously refer to any specific public office or candidate for such office. Independent expenditure also includes 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 another person's website or advertisement space provided for no fee or a reduced fee where a fee ordinarily would have been charged. Independent expenditure shall not include: (1) Expenditures made by persons in the regular course and scope of their business and political messages sent solely to their members; (2) Expenditures made by small-scale issue committees; or (3) Any news articles, editorial endorsements, opinion or commentary writings, or letters to the editor printed in a newspaper, magazine or other periodical not owned or controlled by the candidate, or communications other than advertisements posted or pu blished on the internet for no fee. No Yes When expenditures total in the aggregate more than $250 No No Yes Yes When expenditures total in the aggregate more than $250 Person means any individual, partnership, committee, association, corporation, labor organization or other organization or group of person s. 1 Revised: 06/22/20 ELECTION CALENDAR April 6, 2021 Regular Election DEADLINE DATE ACTION CITE Highlighted lines indicate Council Action needed 10/01/20 Latest date to make Candidate Guidelines available (early September is preferred) 120 days before April Election 12/07/20 Earliest to publish notice of Charter amendments CRS 31-2-210(4) January 1 preceding April Election 01/02/21 Earliest to apply for mail absentee ballot for April Election Code 7-189(b) 90 days before April Election 01/06/21 Window closes for special elections CRS 31-10-108 90 days before April Election 01/06/21 Deadline for petitions for citizen-initiated Charter amendments (would have to do First Reading on 01/12/21 which is not possible due to time needed to verify signatures) CRS 31-2-210(1)(a)(III) 90 days before April Election 01/06/21 Deadline to file initiative petitions for placement on April ballot (Note: Initiative petitions filed this date that fall under TABOR cannot be examined in time for placement on the April ballot. TABOR-related initiative petitions will require Council adoption of a Resolution submitting the issue to the voters on 2/2/21 in order to give citizens reasonable time to submit pro/con statements before 2//19/21. All deadlines for a TABOR- related initiative petition will have to be separately calculated.) Charter Article X, Sec 1 (read entire section for all related deadlines) 01/06/21 Deadline for First Reading of Ordinance(s) submitting Charter amendment(s) to April Ballot (based on requirements relating to publication of notice of Charter amendments) (between 12/07/20 and 02/05/21) CRS 31-2-210(4) 01/19/21 Deadline for Second Reading of Ordinance(s) placing Charter amendments on April ballot (based on requirements relating to publication of notice of Charter amendments) (between 12/07/20 and 02/05/21) CRS 31-2-210(4) 70 days before April Election NEW 01/26/21 Earliest date to circulate nomination petition Code 7-116 Charter Article VIII, Sec 3 (City Code and Charter override CRS 31-10-302) At least 60 days before April Election 02/05/21 (Publish on 01/31/21) Deadline to publish notice of Charter amendments (publish a week early so there is time to correct if newspaper fails to publish as requested) CRS 31-2-210(4) 60 days before April Election 02/05/21 Order voter registration file from Larimer County 2 ELECTION CALENDAR April 6, 2021 Regular Election DEADLINE DATE ACTION CITE 60 days before April Election 02/05/21 Secretary of State must provide copies of municipal election laws by this date CRS 31-10-106 02/02/21 (02/16/21 possible if not TABOR) Practical deadline for Council Resolution(s) to refer citizen initiatives to the ballot (Note: Action on this date necessary to provide citizens time to submit pro/con statements on TABOR-related issues) (TABOR comments due 02/19/21) 02/02/21 (02/16/21 possible if not TABOR) Practical deadline for Council Resolution(s) to refer or submit ordinances to voters (Note: Action on this date necessary to provide citizens time to submit pro/con statements on TABOR-related issues) (TABOR comments due 02/19/21) Order voter file for TABOR notice mailing 49 days before April Election NEW 02/16/21 Deadline to file nominating petitions (see CRS 31-10-305 for provisions for objections to nominations) NOTE: Financial Disclosure statement now due at same time nomination petition is filed Code 7-116 Charter Article VIII, Sec 3 (City Code and Charter override CRS 31-10-302) By noon on the Friday before the 45th day before April Election 02/20/21 02/19/21 (by noon) Deadline to submit pro and con statements for TABOR issues Constitution Article X, Section 20(3)(b)(v) CRS 1-7-901(4) 02/19/21 Prepare ballot summaries for TABOR notice 44 days before April Election 02/21/21 02/19/21 Deadline for petition representatives to submit to the City Clerk a summary of comments in favor of their local ballot issue(s) Constitution Article X, Section 20(3)(b)(v) CRS 1-7-903(3) Not later than 42 days before April Election NEW 02/23/21 Deadline to withdraw from candidacy Code 7-116 Charter Article VIII, Sec 3 42 days before April Election NEW 02/23/21 Deadline for Write-In Candidates to file affidavits Code 7-103 40 days before April Election 02/25/21 Deadline to order registration records from County Clerk (registrations as of 30 days prior to the election) CRS 1-5-303(1) 35 days before April Election NEW 03/02/21 Contribution/Expenditure Reports due Code 7-136(c) At least 30 days before April Election 03/07/21 03/05/21 Deadline to mail TABOR notice to households with registered voters Constitution Article X, Section 20(3)(b) 3 ELECTION CALENDAR April 6, 2021 Regular Election DEADLINE DATE ACTION CITE No later than 30 days before April election 03/07/21 03/05/21 Larimer County to provide a complete preliminary list of registered electors CRS 31-10-910(1)(a) 22 days before April Election 03/15/21 Residency deadline to participate in election 22 days before April Election 03/15/21 Begin any address changes at Larimer County only CRS 31-10-208 22 days before April Election 03/15/21 Earliest to mail ballot packages to voters Code 7-186(a) 22 days before April Election 03/15/21 Earliest day to have replacement ballots available Code 7-187 22 days before April Election 03/15/21 Earliest to open on-site “in person” voting Code 7-187 21 days before April Election 03/16/21 Contribution/Expenditure Reports due Code 7-136(c) No later than 20 days before April election 03/17/21 Larimer County to provide a supplemental list of electors who registered to vote on or before 22 days before the election whose names were not included on the preliminary list CRS 31-10-910(1)(b) CRS 1-5-303(1) 20 days before April Election 03/17/21 (Publish on 03/14/19) Deadline to publish notice of mail ballot election Code 7-184(a) Approx. 03/15/21 Set up Ballot Processing Center Approx. 03/17/21 Replacement ballots delivered to City Clerk’s Office 03/19/21 or before Prepare absentee ballots for mailing (applications received to date) 03/19/21 Test of tabulation 15 days before April Election 03/22/21 (03/19/21 preferred) Deadline to mail ballot packages to voters Code 7-186(a) CRS 31-10-910(2)(a) 03/22/21 Practical date to open on-site voting 14 days before April Election 03/23/21 Contribution/Expenditure Reports due Code 7-136(c) 14 days before April Election 03/23/21 Counting (tabulation) of ballots may begin Code 7-193 4 ELECTION CALENDAR April 6, 2021 Regular Election DEADLINE DATE ACTION CITE 10 days before April Election 03/27/21 Last day to mail ballot packages to voters (with written approval of the City Manager) Code 7-186(b) 7 days before April Election 03/30/21 Last day to mail daily ballots to those who registered on or before March 29 (8 days before the election). 7 days before April Election 03/30/21 Deadline to apply for an absentee ballot that must be mailed Code 7-189(b) 4 days before April Election (Friday before) 04/02/21 By noon Contribution/Expenditure Reports due BY NOON Code 7-136(c) 4 days before April Election (Friday before) 04/02/21 Deadline to apply for absentee ballots Code 7-189(b) ELECTION DAY 04/06/21 Regular Municipal Election 04/06/21 7:00 p.m. Deadline to apply for replacement ballots 04/06/21 7:00 p.m. Deadline to cast replacement ballots Code 7-188 04/06/21 7:00 p.m. Deadline for “in person” voting. Code 7-187 04/06/21 7:00 p.m. Deadline to return absentee ballots to City Clerk Code 7-189(d) Code 7-190(b) 04/06/21 7:00 p.m. Deadline for City Clerk to receive mail ballots at designated drop points Code 7-190(b) 04/06/21 7:00 p.m. Replacement ballots set aside until this time 04/08/21 Pack ballots, etc. for storage CRS 31-10-616(1) 04/16/21 Forward PO Boxes to POB 580 No later than 10 days after April Election NEW 04/16/21 (last possible date) Certification of Election (Canvass) Charter Article VIII, Sec 7 04/19/21 Prepare certificates of election for Councilmembers CRS 31-10-1205(2) 5 ELECTION CALENDAR April 6, 2021 Regular Election DEADLINE DATE ACTION CITE 5 days after certification of election results 04/21/21 Deadline for any candidate, any petition representative for a ballot issue or question, any committee’s registered agent, or any eligible elector to request a recount (if not already mandatory) Code 7-46(1) ASAP Must give notice of recount to all candidates, and petition representatives Code 7-45(2) 15 days after certification of election results 05/01/21 (Would finish 04/30/21) Deadline to complete a mandatory or requested recount Code 7-45(1) and 7-46(6) 10 days after expiration of recount period First order of business at next regular or special meeting Special meeting on 04/27/21 (if no recount needed or requested) or 05/04/21 Regular Meeting (if recount conducted) Newly-elected Councilmembers take oath of office Mayor Pro Tem elected Charter Article II, Sec 1(d) ASAP Forward approved measures amending Code or Charter to Code Publisher ASAP Publish certified statement of election CRS 31-10-1205(2) ASAP File certified statement of election with Division of Local Government in the Department of Local Affairs CRS 31-10-1205(2) 30 days after April Election 05/06/21 Deadline for elected candidates to file an amended financial disclosure statement Code 2-636 35 days after April Election NEW 05/11/21 Contribution/Expenditure Reports due Code 7-136(c) 70 days after April Election NEW 06/15/21 Contribution/Expenditure Reports due Code 7-136(c) 6 ELECTION CALENDAR April 6, 2021 Regular Election DEADLINE DATE ACTION CITE 60 days after canvass 06/15/21 Deadline for newly-elected Councilmembers to qualify for office (no action necessary) Charter Article VIII, Sec 7 6 months after April Election 10/06/21 Preserve voted ballots and all other election records and forms until this date CRS 31-10-616 First day of month in which anniversary of April election occurs 04/01/22 Contribution/Expenditure Reports due Code 7-136(c) 2 years after April Election 04/06/23 Retain all nominating petitions until this date (Petitions for incumbents should be retained for as long as in office.) CRS 31-10-302(7) [Charter Article VIII, Sec 4(b)] Note: This calendar needs to be updated and verified periodically as changes are made to the Charter, Code, Mail Ballot Rules, State Constitution/Statutes, etc. and is therefore subject to change. 7 COMPUTATION OF TIME PROVISIONS Municipal Election Code 31-10-103. Computation of time. Calendar days shall be used in all computations of time made under the provisions of this article. In computing time for any act to be done before any municipal election, the first day shall be included, and the last, or election, day shall be excluded. Saturdays, Sundays, and legal holidays shall be included, but, if the time for any act to be done or the last day of any period is a Saturday, Sunday, or a legal holiday, the period is extended to include the next day which is not a Saturday, Sunday, or legal holiday. If the time for ending the circulation of and filing nomination petitions provided by section 31-10-302, the time for withdrawing from nomination provided by section 31-10-303 (1), the time prior to which vacancies in nominations may be filled and by which certificates of nomination or petitions to fill such vacancies may be filed as provided by s ection 31-10-304, or the time for filing amended or new petitions to remedy objections as provided by section 31-10-305 falls on Saturday, Sunday, or a legal holiday, such act shall be done upon the preceding day which is not a Saturday, Sunday, or legal holiday. Uniform Election Code 1-1-106. Computation of time. (1) Calendar days shall be used in all computations of time made under the provisions of this code. (2) In computing any period of days prescribed by this code, the day of the act or event from which the designated period of days begins to run shall not be included and the last day shall be included. Saturdays, Sundays, and legal holidays shall be included, except as provided in subsection (4) of this section. (3) If a number of months is to be computed by counting the months from a particular day, the period shall end on the same numerical day in the concluding month as the day of the month from which the computation is begun; except that, if there are not that many days in the concluding month, the counting period shall end on the last day of the concluding month. (4) If the last day for any act to be done or the last day of any period is a Saturday, Sunday, or legal holiday and completion of such act involves a filing or other action during business hours, the period is extended to include the next day which is not a Saturday, Sunday, or legal holiday. (5) If the state constitution or a state statute requires doing an act in "not less than" or "no later than" or "at least" a certain number of days or "prior to" a certain number of days or a certain number of months "before" the date of an election, or any phrase that suggests a similar meaning, the period is shortened to and ends on the prior business day which is not a Saturday, Sunday, or legal holiday, except as provided in section 1-2-201 (3). Colorado Revised Statutes (general) 2-4-108. Computation of time. (1) In computing a period of days, the first day is excluded and the last day is included. (2) If the last day of any period is a Saturday, Sunday, or legal holiday, the period is extended to include the next day which is not a Saturday, Sunday, or legal holiday. (3) If a number of months is to be computed by counting the months from a particular day, the period ends on the same numerical day in the concluding month as the day of the month from which the computation is begun, unless there are not that many days in the concluding month, in which case the period ends on the last day of that month. City Code Sec. 1-2. Definitions; rules of construction. In the construction of this Code and of all ordinances, the following definitions and rules of construction shall apply u nless such construction would be inconsistent with the manifest intent of the City Council: Computation of time. Whenever a notice is required to be given or an act to be done a certain length of time before any proceedings shall be had, the day on which such notice is given or such act is done shall not be counted in computing the time, but the day on which such proceeding is to be had shall be counted unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the next day which is not a Saturday, Sunday or legal holiday. Whenever the period is less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall not be counted in the computation. Municipal Initiatives, Referenda, and Referred Measures 31-11-103.5 Computation of time. Except as otherwise provided in this article, calendar days shall be used in all computations of time made under the provisions of this article. In computing time for any act to be done before any municipal election, the first day shall be included, and the last or election day shall be excluded. Except when computing business days, Saturdays, Sundays, and legal holidays shall be included, but, if the time for any act to be done or the last day of any period is a Saturday, Sunday, or a legal holiday, the period is extended to include the next day that is not a Saturday, Sunday, or legal holiday. If the time for an act to be done under this article is referred to in business days, the time shall be computed by excluding Saturdays, Sundays, and legal holidays. INITIATIVE PETITION PROCESS  An initiative is commenced by one or more registered electors filing with the City Clerk a written notice of intent to circulate an initiative petition. The notice must contain, or have attached to it, the full text of the proposed ordinance or resolution and must state whether a special election is requested. There is no form for filing a notice of intent.  Once a notice of intent is filed, the City Clerk provides the petition representatives with petition forms. o The form of the initiative petition is prescribed by ordinance of the Council. o The petition form contains warning language printed in red ink. Therefore, it is necessary to assemble petition sections using original forms provided by the City Clerk. o The petition must contain or have attached to each section, throughout its circulation, the full text of the proposed ordinance or resolution. o The petition must contain a general statement of purpose which fairly and accurately summarizes the proposed ordinance or resolution, indicating that the petition is to be circulated in support of the initiated ordinance or resolution, and specifying whether a special election is requested. o The petition must designate at least three, but no more than five persons who will act as petition representatives. o The petition must contain an affidavit to be completed by the petition circulator. o Each petition section must contain all required information and must be securely fastened at the top. (A typical method of fastening each section is by stapling across the top.)  Before circulation of the petition can begin, the City Clerk must approve the form of the petition. o Each section is examined to determine that it contains all required information (and only that information), that each section is numbered and the pages within each section are numbered, and that each section is securely fastened at the top. o Irregularities in the petition sections, if found, will be identified and the petition representatives will be given an opportunity to correct the irregularities. o The City Clerk will prepare a certificate of approval, which will contain a list of the section numbers that have been approved for circulation. The date of the certificate of approval shall start the running of the time periods provided for circulation and filing of the petition.  Each petition section must be carried by only one circulator, but a circulator may carry more than one petition section. o Petition circulators must be 18 years of age or older. o Nothing prohibits circulators from being paid to circulate a petition. o Circulators do not have to be registered electors. o Circulators are prohibited from paying or offering to pay any money or other thing of value to any person for the purpose of inducing or causing the person to sign a petition. o Circulators are required to complete an affidavit, attached to each petition section, after the petition has been circulated. The affidavit must be signed, under oath, before a notary public. No additional signatures should be obtained on a petition section after completion of the affidavit. o Upon the request of any person to whom the petition is presented for signature, a petition circulator is required to read aloud the entire text of the initiated measure.  Only registered electors may sign a petition. o Each signer must sign his or her own signature, followed by the printed name, residence address, and date of signing. o No person shall sign more than once (on the same section or on different sections). If the City Clerk finds more than one signature of the same person, the first signature verified will be counted and all other signatures of that person will be rejected.  The number of signatures required on an initiative petition depends on the type of election requested. If the petition representatives are willing to have the initiative placed on a regularly- INITIATIVE PETITION PROCESS scheduled election (held in April of odd-numbered years), the petition must contain valid signatures equal in number to 10% of the total ballots cast in the last regular city election. If the petition requests a special election, the number of signatures must equal 15% of the total ballots cast in the last regular city election. o Based on statistics from prior petition efforts, 30-50% of the signatures on a petition are rejected for various reasons. Therefore, it is recommended that the total number of signatures collected far exceed the required amounts.  All sections of a petition must be filed as one instrument.  A petition must be filed no more than 60 days after the City Clerk’s approval of the form for circulation.  If the next regular city election is approaching, the petition must be filed at least 90 days prior to the date of the next election.  If the petition requests a special election in conjunction with a Larimer County Coordinated or General Election (held on the first Tuesday after the first Monday in November), the Charter requires the City Clerk to establish a submittal deadline for the petition that will enable the measure to be considered at such election.