HomeMy WebLinkAboutMinutes - Ad Hoc Election Code Amendments Committee - 11/10/2016 -
City of Fort Collins Page 1
November 10, 2016
ELECTION CODE COMMITTEE MEETING
12:00 PM
PRESENT: Overbeck, Stephens, Cunniff, Winkelmann, Knoll, Gonzales, Daggett
CITIZENS PRESENT: Mike Sportiello
APPROVAL OF JULY 18, 2016 COMMITTEE MEETING MINUTES
Councilmember Overbeck made a motion, seconded by Councilmember Cunniff, to adopt the
minutes of the September 14, 2016 Committee meeting. The motion was adopted unanimously.
SUGGESTED ELECTION CODE/CHARTER CHANGES
a. Code and Charter Changes
City Clerk Winkelmann discussed added language which will amend the organizational meeting
date.
Councilmember Cunniff asked if the language is clear enough given the final certification will take
significant time.
City Attorney Daggett asked if that means the time between the election and the swearing in
reduces the length of term to less than two or four years. Councilmember Cunniff replied that is
potentially the issue and noted a person serving less than half a term; it does not count as a full
term for term limits.
Chief Deputy City Clerk Knoll stated the term date is from swearing in to swearing in; therefore,
the length of the term is not changing based on this change.
City Attorney Daggett and Councilmember Cunniff discussed the room for interpretation and
variation with this issue. City Attorney Daggett stated, if the City were to ever adopt term limits,
language could be included to anticipate this issue.
The group agreed to follow-up on the topic, though not as an urgent issue.
City Clerk Winkelmann discussed the past process of sending letters to voters with unsigned
ballots up until the Thursday prior to Election Day. In 2015, there was some discussion regarding
whether that is treating voters differently. She posed the question in general given the canvass
date for 2017 will still be 3 days after Election Day.
City Attorney Daggett noted the current Code states the City Clerk is authorized, but not required,
to make a reasonable effort to allow an eligible elector whose ballot has been rejected to correct
the deficiency causing rejection.
Councilmember Stephens supported the practice and its intent and stated she would like to allow
as many votes as possible to be counted.
Councilmember Cunniff stated the City should be increasing the enfranchisement of the
electorate.
The group discussed reasonable measures and the goal of being as specific as possible with the
new language.
Councilmember Overbeck asked if electronic communication would be an option rather than a
physical letter.
City of Fort Collins Page 2
City Clerk Winkelmann stated overseas voters can currently submit ballots electronically after
signing a waiver indicating they realize their votes will be visible to election staff.
Chief Deputy City Clerk Knoll noted phone and email information is not updated or available.
The group agreed to continue the practice of sending letters.
Councilmember Cunniff asked about the overall cost of municipal elections. Knoll replied it is
approximately $200,000; however, the upcoming election will be more.
b. Signature Verification
City Clerk Winkelmann stated this was discussed at the previous meeting. The Committee
recommends that this Code amendment be considered if the Canvass Date Charter Amendment
passes.
c. Recordkeeping Requirements for Campaign Expenditures and Independent Expenditures
City Clerk Winkelmann stated this was discussed at the previous meeting and information
regarding required documentation was included in the language.
d. Amending the District-Precinct Map
City Clerk Winkelmann discussed other municipalities with at-large Councilmembers.
Councilmember Cunniff stated having at-large members does not solve the problem as the Mayor
is currently elected by all citizens.
City Attorney Daggett stated other possibilities used to address the issue involve truncating terms
when redistricting has shifted precincts and affected voting opportunities, and having all seats up
for reelection at the same time.
Councilmember Stephens discussed the possibility of having all seats up for reelection at the
same time.
Councilmember Cunniff discussed issues with having everyone on two-year or four-year terms
and stated there is currently no solution to the disenfranchisement problem that does not cause
other problems.
Knoll noted all electors still have a Council representative regardless of their district or
redistricting process.
Councilmember Cunniff suggested an incremental improvement to add direction to the
redistricting criteria to minimize the number of electors who must wait more than four years to
vote for a Councilmember and not allowing any one precinct to be shuffled more frequently than
every four years perhaps.
The group discussed adding this priority to others relating to changing precincts.
City Attorney Daggett stated there has been a discussion about specifying more concretely the
criteria and priorities for shifting precincts.
Councilmember Cunniff asked if there will be a Work Session on this topic. City Attorney Daggett
replied one is scheduled for December.
Councilmember Stephens stated she would like the have the ability to reach out to residents of
new precincts in her district. Councilmember Cunniff stated he held a neighborhood meeting for
that purpose.
City of Fort Collins Page 3
The group discussed the four-year concurrent as being the best solution.
City Clerk Winkelmann requested input from the Committee regarding the December Work
Session. The group discussed the need for public input and a potential open house.
City Clerk Winkelmann commented on her desire to have a consultant involved in the community
conversation and redistricting process.
e. Election Complaints
City Clerk Winkelmann presented the proposed election complaint form.
Councilmember Overbeck suggested translating the form to Spanish as well.
City Attorney Daggett discussed the aspect of reasonable attorney’s fees and the group
discussed the $2,000 amount.
Councilmember Cunniff asked if the collection of fees would increase the likelihood that the
district court would require a bond before proceeding. City Attorney Daggett replied the court
would not typically do that for attorney’s fees.
The group discussed the recovery of attorney’s fees in various instances and agreed on a
maximum alleged amount of $7,500.
f. Canceling a Council Meeting (Charter Amendment)
City Clerk Winkelmann noted the Committee’s recommendation to bring this forward at the
December Work Session for Council’s consideration.
g. SENATE BILL 16-186: SMALL ISSUE COMMITTEE DISCLOSURE REQUIREMENTS
Knoll discussed the criteria for a committee requiring reporting after the aggregate amount has
been reached and expressed concern regarding the disclosure of contributions prior to reaching
that amount.
The group discussed making a requirement that committees report all financials after $5,000
retroactively to the start of their contributions.
OTHER BUSINESS
The group discussed making the committee a standing committee that meets as needed.
Councilmember Cunniff asked when candidate guidelines would be prepared. Knoll replied generic
guidelines are available on-line and will be updated following the Work Session.
ADJOURNMENT
The meeting adjourned at 1:18 P.M.
MINUTES APPROVED JULY 20, 2017