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HomeMy WebLinkAboutAgenda - Full - Election Code Committee - 02/28/2022 - 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 February 28, 2022, 12:00-1:30 p.m. Remote Participation available Public Participation Options: Watch the Meeting: Anyone can view the Election Code Committee (ECC) meeting live: Join Zoom Meeting https://fcgov.zoom.us/j/93910757534 Meeting ID: 939 1075 7534 Public Comment: Individuals who wish to address the Committee via remote public participation can do so through the link provided above. The meeting will be available beginning at 11:30 a.m. Monday. To participate: •You need to have a laptop or computer with a microphone and/or headset that includes a microphone. •You need to have access to the internet. •Join the Zoom meeting listed above. •Keep yourself on muted status. Note: •If you are unable to participate via Zoom, you may attend the meeting in person (however, we have very limited capacity based on social distancing recommendations). •Alternatively, you may provide comments to the Committee via email prior to 11:30 a.m. at cityleaders@fcgov.com. Emails will be read by City Leaders; however, not read into the formal meeting record. Committee Members: Mayor Jeni Arndt – Vice Chair Councilmember Tricia Canonico, District 3 - Chair Councilmember Kelly Ohlson, District 5 Councilmember Julie Pignataro, District 2 (alternate) 2021-2022 Main Topics of Discussion in Priority Order 1)Redistricting 2)Campaign Finance Provisions 3)November Elections 4)RCV 5)Public Financing of Elections 6)Election Oversight Board 7)Partisan/Non-Partisan Elections 1. Call Meeting to Order 2. 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 January 10, 2022, Committee Meeting Minutes 6. Redistricting Update: • Staff (Tim Morales) assigned to work on this project. • Currently researching the Census data and will verify that all necessary data is present before starting this project. • Received the County redistricting information on 2/7/2022 • Spreadsheet (Developed in house) to determine the deviation of the precincts will be updated (work in progress). • GIS will then develop different options that will bring the city within the acceptable deviation. These options will take time to develop, produce and document. The estimate to create these options is a couple of weeks. 7. Election Timing & Administration Options Discussion • Consideration of Potential Committee Recommendations a. Timing of regular elections b. Ranked choice voting c. Transitions needed to terms 8. Scope of Work Session Discussion on potential ballot questions, and direction for staff • Does timing work to hold the work session on March 22, 2022? • What questions should be posed during work session? 9. Campaign Finance comparison to state law 10. Proposed timeline: • ECC February meeting Campaign Finance Discussion; Discussion of timing & plan for work on remaining priorities. • March 22, 2022 Work Session – November Election Discussion & RCV • March 2022 City Attorney’s Office drafts ballot language • ECC March meeting Any follow-up prior to Work Session; additional Campaign finance discussion; Review code language regarding timing of redistricting. • ECC April meeting Present ballot language to ECC regarding the move to November Coordinated elections and RCV; Present Campaign Finance Code Language • May & June 2022 Present ballot language to Council; Call for Special Election; Campaign finance amendments ordinance to Council 11. Future Election Code Committee dates with scheduling conflicts. a. June 20, 2022 – Juneteenth / Rescheduled to June 27, 2022 b. Remote vs In-person discussion – Discussion around returning to all in-person 12. Other Business 13. Adjournment ATTACHMENTS: 1) January 10, 2022, Committee Meeting Minutes 2) Presentation materials on election administration options and campaign finance comparisons Next Election Code Committee Meeting: 12:00-1:30 p.m., March 21, 2022 Election Timing & Administration Options Dependencies, Advantages & Disadvantages for ECC Consideration Election Code Committee Meeting 02/28/2022 Primary drivers to consider 2 •Voter participation •Maximizing voter turnout and participation in municipal races •Costs •Responsible and effective use of funding •Professional administration / effective governance •Confidence in results and integrity of process •Strong ability to be responsive to voter needs •Ability to fulfill election responsibilities that cannot be coordinated Options with advantages and disadvantages Timing Options for Regular Elections Comparison of primary considerations 4 •No change to current election timing •No impact to terms for elected officials •Administration continues to be done at municipal level for max local control •RCV possible as soon as April 2025 •Timing change allows coordinated elections administered by County •Would require one-time extensions to current terms •RCV possible as soon as November 2023 •Timing change allows coordinated elections administered by County •Existing terms would require term adjustments •RCV possible as soon as November 24 April Odd Year (current)November Odd Year November Even Year* April Mayor + 2,4,6 Mayor + 1,3,5 Mayor + 2,4,6 November Mayor + 2,4,6 (all terms +7 months) Mayor + 1,3,5 (terms except mayor +7 months) Mayor + 2,4,6 Overview of potential future year elections –Odd years *For potential implementation of RCV, election dates in green squares indicate possibility without significant timing-based concerns 2023 2025 2027 Overview of potential future year elections -Even years *For potential implementation of RCV, election dates in yellow squares may allow use of RCV with some concerns, while green squares indicate possible to use RCV without significant timing-based concerns 2023 2024 2025 2026 November April – Mayor (to be elected for 1 yr 7 mo term) 2,4,6 (3 yr 7 mo term) Mayor (2 yr term) 1,3,5 (prior terms end 5 mo early, new 4 yr terms) No municipal election Mayor (2 yr term) 2,4,6 (4 yr terms) November – alt. Term Option No muncipal election November - Mayor + 2,4,6 (current terms extended 1 y 7m) No municipal election November - Mayor +1,3,5 (current Council terms extended 1 y 7 m) November non-Pres. only April – Mayor + 2,4,6 (to be elected for 3 y 7 m terms) No municipal election April – 1,3,5 (to be elected for 1 y 7 m terms) November – All (4-year terms) 7Potential RCV implementation April City 2025 Tabulation Process for RCVNov Odd SOS + County 2023 Nov Even SOS + County 2024 April City 2025 Administrative Rules for RCVNov Odd SOS 2023 Nov Even SOS 2024 April City 2025 Developing VOE for RCVNov Odd County 2023 Nov Even County 2024 April City 2025 Equipment for RCVNov Odd County w/SOS 2023? Nov Even County w/SOS 2024 April NA NA Post Election verification for RCVNov Odd County 2025 Nov Even County 2024? Chart of responsible parties for different aspects of RCV implementation with likely potential timing for each element in different election timing scenarios 8Ballot Content April Elections (now) •Mayor •Councilmembers •Possible questions November Odd Year •School Board •Possible questions •Judicial contests November Even Year •President/every 4 years •US Representative •US Senator (2 staggered, every 6 years each) •State offices every 4 years, opposite President •County offices •Possible Questions •Judicial contests •Timing unfamiliar to some voters •Requires maintaining sufficient local level resources for effectively carrying out elections •For RCV, timelines for certifying election may need to be adjusted •Risk limiting audits not done post-election April odd year elections (Current model) Advantages •Most expansive local control over process, especially for RCV •Voter education •Ballot design •Provisions around tabulation and administrative procedures •Equipment usage and availability of in person voting options •No impact to terms •Focus is on municipal races Disadvantages November Odd Year Elections Advantages Disadvantages •Requires adjustments to current terms •Lower overall turnout than even years •Limits City readiness for special elections that cannot be coordinated •For RCV in particular,limited ability for local determination of procedures and administrative provisions •Same ballot as school board for primary focus on local contests •Coordinated elections allow County expertise in administration •Full UOCAVA procedures used •Post-election risk limiting audit performed •Typically higher turnout elections •Greater overall focus on elections across the community November Even Year Elections Advantages Disadvantages •Additional ballot content would likely require multiple ballot cards •Potential for ballot drop off before municipal contests, especially if on a separate ballot card •Electorate different in presidential and non- presidential years, potentially creating divides in the districts based on which year on the ballot •If using RCV, mixed ballot styles with multiple sets of instructions required is not voter friendly •Potential increased costs for campaigning and gaining voter attention •Longer lead time to implement new cadence •If using RCV, more challenging to implement a new voting method in a presidential election •Limits City readiness for special elections which cannot be coordinated •Consistent electorate •Still potential for higher overall level of turnout on average than odd years •Potential to reduce costs by doing elections every 4 years instead of 2 November Even Year Elections –non-Presidential years only Advantages Disadvantages •If using RCV, mixed ballot styles with multiple sets of instructions required is not voter friendly •Requires changing existing terms to get on new cycle •Requires potential ongoing change to mayoral term length •Entire Council up for election at same time All Elections •Costs •Swearing in date •Equipment needs •Election readiness •Ballot content as primary driver of turnout RCV Elections •Post election tabulation and certification timing •Voter education options and responsibility •Ballot layout •Use of equipment •Post election audit potential November Elections •Ballot length and number of ballot cards •No control over costs to be allocated in a coordinated election –challenges in budgeting Variable Factors Unknowns Increasing voter turnout •Turnout is driven by ballot content over all other factors •Some non-coordinated special elections in Fort Collins have had turnout of nearly 65% Two municipalities in Douglas County have shifted to even year November elections – Parker and Castle Rock. Available data indicates ballot drop off of 10 points in many precincts, with differentials as high as 20 points,for participation in municipal contests versus races at the top of the ballot. 14 Running for Office in November Timing shifts •Time for circulating nomination petitions shifts from 70-49 days prior to Election Day to 91-71 days prior to Election Day •Deadline to withdraw from nomination shifts from 42 days to 63 days prior to the election •All ballot content must be finalized and certified 60 days prior to a coord.election Costs •Potential increased costs to campaign in a more crowded election –especially Presidential election years –and challenge in gaining airtime 15 Voter education, administrative determinations and ballot style Ranked-choice voting considerations RCV and Voter Education 17 C.R.S. 1-7-118 (1) … the agreement between the county clerk and recorder and the municipality must include a plan for conducting the voter education campaign required by section 1-7- 1003 (5)(b). •Any implementation of ranked-choice voting will include an additional investment in voter education. •The County may play a role in this for coordinated elections and charge the City. •The City will likely be directly involved in voter education as well. •Examples from other jurisdictions on voter education efforts centered around RCV. 18Voter outreach and education campaigns RCV Factors to Consider 19 •Will voters have options to be notified of ballot errors? Requires in person voting options using equipment. •Paid postage for ballots (in any election) –not possible in coordinated elections. •Voting locations and timing available for in person voters. •Determining voter intent in different scenarios involving over votes or under votes. •Batch elimination of non- viable candidates. •Use of equipment for tabulation. •Manual tabulation alternatives. •Recount scope and cost if required. Voting Options Rules and Procedures Tabulation and Certification Layout needs and considerations Example Ballot Styles 21Sample All RCV Ballot 22Sample RCV Ballots with 6+ rankings 23Mixed Style Ballot Design Councilmember QUESTIONS? Campaign Finance Comparison to State Law for ECC Consideration Election Code Committee Meeting 02/28/2022 Fort Collins City Code Provisions Relating to Campaign Finance Overview of local campaign finance requirements that are significantly different than State Law •Earlier timing required for registration for Candidate Committees •Greater number of reports required during election cycle •Imposes contribution limits for municipal candidates •Independent expenditures allowed for a wider range of purposes, with reporting required at a lower threshold •Imposes "Paid for by" requirements on candidates and committees •Detailed complaint process for municipal campaign finance matters that are not addressed at all in State law •Provides definitions for contributions and contributions in kind in City Code, and more precisely defines political committees 26 27Comparison Chart of City Code and State Campaign Finance Provisions Fort Collins City Code State Law Applies to Fort Collins candidates and committees Applies to State, RTD, County, School Board, and Special District candidates and associated committees Defines contributions and contributions in kind Does not define contributions or contributions in kind Candidate filing requirements similar to State law Financial disclosure statement due at a different time, and opportunity to cure a missed filing is available Candidate committees must register before accepting contributions or making expenditures Candidate committees must register when they receive a contribution or make an expenditure Campaign contributions limits apply to municipal candidates No mention of contribution limits to municipal candidates 28Comparison Chart of City Code and State Campaign Finance Provisions Fort Collins City Code State Law Joint contributions require signature of all persons on checks written on a joint account; assumption is that contributions are equally split among the persons signing check unless otherwise specified Couples and joint account holders are required to write separate checks and note in memo space which person the contribution is from City requires all committees to keep all records for one year following the election or until the final disposition of a complaint, whichever is longer Does not address recordkeeping requirements City requires 6 reports during election cycle and annual reports State law requires 3 reports and annual reports City accepts reports filed electronically until midnight on date due State law requires filing by close of business on date due 29Comparison Chart of City Code and State Campaign Finance Provisions Fort Collins City Code State Law Use of unexpended contributions same as State law, except City allows unexpended contributions to be used to pay for the cost of a recount requested by the candidate No limits on the contribution of unexpended funds to a political party Does not specifically allow unexpended contributions to be used to pay for a request recount Unexpended funds contributed to a political party are subject to a limited amount 30Comparison Chart of City Code and State Campaign Finance Provisions Fort Collins City Code State Law Independent expenditures can be made to advocate the election, defeat, or recall of a candidate.They can also be made to support or oppose a ballot issue or question. Reporting is required once the aggregate expenditure total is more than $350. FC does not require independent expenditure committees Independent expenditures are limited to candidate races only. Reporting is required when donations accepted or expenditures reach $1000. Independent expenditure committees must register and file reports once collections or expenditures exceed $1000. “Paid for by” requirements imposed on candidates and committees “Paid for by” requirements imposed only on independent expenditure committees 31Comparison Chart of City Code and State Campaign Finance Provisions Fort Collins City Code State Law FC has a detailed complaint process that was significantly amended/expanded in 2020 State law only addresses complaints against candidates and committees that file with the Secretary of State and states that any complaint arising out of a municipal campaign finance matter must be exclusively file with the municipal clerk without any guidance on how they should be handled 32Comparison Chart of City Code and State Campaign Finance Provisions Fort Collins City Code State Law Political committees are defined to mean: (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. State law does not limit political committees to persons who associated for the purpose of accepting contributions or making expenditure to support or oppose one or more candidates. QUESTIONS? For Questions or Comments, Please Contact: THANK YOU! Anissa Hollingshead, City Clerk ahollingshead@fcgov.com 970-416-2995