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HomeMy WebLinkAboutSupplemental Materials - Election Code Committee - 05/03/2018 -City Clerk0300LaPorte AvenuePCBox580 Fort Collins,CO 80522 970.221.6515 970,221.6295 fax fcgov.com MEMORANDUM DATE:May 3,2018 TO:Mayor and City Councilmembers THROUGH:Darin Atteberry,City Managercs~~~ Jeff Mihelich,Deputy City Manager Carrie Daggett,City Attorney FROM:Delynn Coldiron,City Clerk REGARDING:Updated Information for the Elections Code Committee. Attached is an updated version of the Discussion Items provided in last week’s packet for the May 3,2018 Elections Code Committee meeting.These included substantive changes on: 1.Topic 4a —Value of campaign ads on websites,and 2.Topic 4d Disclaimer notices on campaign materials and definition of Independent Expenditures. 0 DISCUSSION ITEMS Topic 4a Source Questions/Comments/Explanation Value of campaign Mayor Pro Tern Suggested that staff provide Council candidates ads on websites Horak (Feb 2017 information on declaring the value of campaign ads on LPT request)websites. Status: •Committee discussion on July 20,2017at multiple prior meetings. •City Attorney’s Office continues to research language that would be examples of what is or is not anUpdated Code language adding references to electronic communications methods that would more clearly address campaign ads on websites has been drafted and is provided below.In addition,an updated definition of independent expenditure,which also further addresses the issue of social media ads is especially in the area of social media use provided below under Topic 4d •Need for additional clarification (City Code and/or candidate guidelines)of when a web based campaign ad should be reported as a contribution or contribution in kind. Scheduled for discussion at next meetingConsider proposed amendment for recommendation Removed or relocated language in strike though;new language highlighted. 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 advert ser or website 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 An radio or television station news a er Internet advertiser or website rovi er or eriodical that charges an issue committee or candidate committee a lower rate for use of space,materials or services than the rate such station,newspaper,Internet advertiser or website provider, 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 issue committee or candidate committee that is charged such lower rate. (c)Nothing in this Article shall be construed to prevent an adiustment in rates related to frequency, volume,production costs and agency fees if such adiustments are offered consistently to other advertisers. Topic 4b Source Questions/Comments/Explanation StaffDeadlinefor The time period between the actions affecting the nomination petitions,content of the ballot and when the ballots need to be withdrawal,and mailed are extremely tight.Staff is recommending write-in candidates minor adjustments to provide relief. Status: •Committee discussion on April 3,2018. •Move ahead and adjust dates for certain campaign finance reports to maintain 7-day increments. Proposed Amendments: Sec.7-103.Write-in candidates. No write-in vote for a candidate for City Council office shall be counted unless the person whose name appears as the write-in vote has filed an affidavit of intent with the City Clerk,no later than the close of business thirty fivo (35)forty two (42)days before the election,indicating that such person desires and is qualified for the office. Sec.7-116.Nomination of candidates;withdrawal from candidacy. A nominating petition required pursuant to Article VIII of the Charter may not be circulated earlier than sixty (SO)seventy (70)days before the election and must be filed with the City Clerk not later than forty (‘10) n ne (49)days before the election.A person who has been nominated may,not later than thirty fivo (35) forty-two (42)days before the election,withdraw by filing with the City Clerk a request therefor in writing, and no name so withdrawn shall be placed upon the ballot. Sec.7-117.Recall elections;nomination of candidates. Anyone desiring to become a candidate at a recall election shall do so by nominating petition as required in Article VIII of the Charter.All nominating petitions for such candidates shall be filed with the Office of the City Clerk no later than forty (10)forty-nine (49)days prior to the date of the recall election. CAMPAIGN FINANCE REPORTS Sec.7-136.-Disclosure;filing of reports. (c)Reports shall be filed with the City Clerk as follows: (1)All committees must file reports on the following dates: a.the thirty-fifth (35th)day before the election; b.the twenty-first (21St)day before the election; c.the fourteenth (l4t9 day before the election~ d.no later than noon on the Friday before the election; e.the thirtieth (30th)th rty-f fth (351h)day after the election;and f.the cixtieth (60th)sevent eth (709 day after the election. r Questions/Comments/Explanation UOCAVA •Amend Code to allow receipt of UOCAVA ballots up to 8 days after the election. Status: •Committee discussed UOCAVA implementation in 2015 and 2016. •At that time,we were unable to implement the “back end”of UOCAVA (accepting ballots through the 8 days after the election)because the canvass was set for 3 days after election day. •Canvass date changed by voter approval to no later than 10 days after the election. •Committee was not interested in implementing the “front end”of UOCAVA because it would require significant changes to election cycle deadlines (particularly with regard to nomination petitions,write-ins,and withdrawal)in order to have ballots ready to mail to UOCAVA voters 45 days prior to the election. •Corrections to signature deficiencies and discrepancies will be allowed within the 8 days following the election,so it is not unreasonable to allow UCCAVA ballots received in that same period to be counted. Suggested Action: Staff recommends adding to the City Code provisions relating to UOCAVA voters.Those provisions would include: •Definitions •Requirement for the City Clerk to provide advance notice of an election via letter in January •Alternative methods for a UOCAVA voter to cast a ballot •Provisions relating to receipt of ballots up to and including the 8th day after the election Proposed Language (ALL NEW): ARTICLE IX.UNIFORM MILITARY AND OVERSEAS VOTERS Sec.7-211.Legislative intent.OR Legislative declaration. Sec.7-212.Definitions. The following words,terms and phrases,when used in this Article,shall have the meanings ascribed to them in this Section: Absentee ballot shall mean a ballot transmitted to a covered voter at an address or location other than the residential or mail address of the elector in the County’s voter registration records,or by any other reasonable method acceptable to the covered voter. Topic 4c Source Staff 0 Covered voter shall mean: (1)A uniformed-service voter,as defined in this section,who is a resident of the City but who is absent from the City by reason of active duty and who otherwise satisfies the City’s voter eligibility requirements; (2)An overseas voter who,before leaving the United States,was last eligible to vote in the City and, except for a residency requirement,otherwise satisfies the City’s voter eligibility requirements; (3)An overseas voter who,before leaving the United States,would have been last eligible to vote in the City had the voter then been of voting age and,except for a residency requirement,otherwise satisfies the City’s voter eligibility requirements;or (4)An overseas voter who was born outside the United States,is not described in paragraph (2)or (3) of this definition,and,except for a residency requirement,otherwise satisfies the City’s voter eligibility requirements if the last place where a parent,legal guardian,spouse,or civil union partner of the voter was,or under this article would have been,eligible to vote before leaving the United States is within the City. Dependentshall mean a spouse,civil union partner,or dependent of a covered voter defined in this section who is a resident of the City but who is absent from the City by reason of the active duty or service of the covered voter. Overseas voter means a United States citizen who is outside the United States. Sec.7-213.Notice of upcoming election. Prior to any election conducted by the City and not coordinated with the County pursuant to Section 1-7- 116,C.R.S.,the City Clerk shall mail a letter to all covered voters eligible to participate in the upcoming election notifying said voters of the date ballots will be mailed,the unlikelihood that the time periods for conducting the election will afford said voters the opportunity to receive the ballot ma ed and return his or her voted ballot in a timely manner,and alternative methods for cast ng a ballot for the election.Said letter shall be mailed as follows: (1)For a regular municipal election,no less than sixty-three (63)days prior to the date of election. (2)For a special municipal election,no less than sixty-three (63)days prior to the date of election. (3)For a recall election,as soon as practicable after the election is called. Sec.7-214.Alternative methods for casting a ballot;timely transmission and receiptoacting of ballet. (a)A covered voter may vote the original ballot mailed to him or her or may request an absentee ballot. (b)Voted ballots may be returned by mail or by e ectronic mail or any other reasonable method to provide the covered voter an opportunity to vote,provided that the method used is acceptable to the Clerk and to the covered voter and provided the covered voter acknowledges in writing that he or she has agrood chosen to vote in-using_the alternative method offcrcd _and has further agreed that the City Clerk may transfer the covered voter’s vote to an official ballot for counting purposes. (c)To be valid,a ballot must be received by the City Clerk not later than 7:00 p.m.on the date of election,and must either be postmarked or effectively sent by electronic mail,er deposited by the covered voter with a military post office,or submitted using any other authorized means,shall cubmit the ballot for mailing,electronic transmission,or other authorized means of time on the date of the election.delivery not later than 7:00 p.m.mountain L~2L__.&vaUdbaNot cast in accorcJancewjftL~244this Article shalL be counted if itisreceived by~~b~Lj~ rn.mountain time on the eighth day after the election. 0 Topic 4d Source Questions/Comments/Explanation Disclaimer notices on Staff •Requiring “paid for by”information on campaign campaign materials materials and definition of Independent Expenditures Status: •Committee has received input from citizens requesting that campaign materials include “paid for by statements”. •Committee expresses interest in researching possibilities. •Discussion at April meeting regarding retention of public political communications (to document)and regarding possible approaches to requiring disclaimers and related requirements. •Below are suggested Code amendments below that modify existing recordkeeping requirements to add a requirement to retain a sample of each public communication. •In addition,there was Committee discussion of expenditures that might be subiect to possible disclaimer,including independent expenditures for ballot issues and questions (rather than only candidate-related expenditures);suggested Code amendments that broaden the definition of ‘independent expenditure”to include those related to ballot issues and questions are provided below. Work on proposal for “paid for by”disclaimer requirements continues.Staff is recommending that a process for engaging the public and evaluating the need for the paid for by requirement go forward in advance of final proposal and consideration. Information for May 3 meeting to be provided under ceparate cover Removed or relocated language in strike though;new language high ighted. Sec.7-135.Campaign contributions/expenditures. If)Recordkeepinq. (1)All contributions 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 committee.All records pertaining to contributions and related accounts shall be maintained by the committee for one (1)year following any election 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 subiect to inspection in connection with any investigation or other action to enforce the terms of this Article. r (2)All expenditures shall be documented and all records pertaining to said expenditures, including but not limited to invoices,receipts,an4 instruments of payment,and copies of any p bI communications produced as a result of the expend’t re shall be maintained by the committee for one year following 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 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. Sec.7-139.Independent expenditures. Any person or political committee making independent expenditures totaling more than one hundred dollars ($100.)shall deliver notice in writing of such independent expenditures to the City Clerk no later than three (3)business days after the day that such funds are obligated.Said notice shall include the following information: (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 receiots.invoices,or other documentation related to the indeoendent expenditure. 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.All independent expenditures shall be documented and all records pertaining to independent expenditures,including but not limited to invoices, receipts,an4 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 0 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. Sec.7-132.Definitions. 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 nde endent ex enditure shall also include the a ment of mone b an erson for su ortin or o osin a ballot issue or ballot uestion that is not controlled b or coordinated with an ssue committee.but shall not include expenditures made by persons,other than political committees,in the regular course and scope of their business and political messages sent solely to their members. 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 char ed. Inde endent ex enditure shall not include: (1)Expenditures made by persons,other than political committees,in the regular course and scope of their business and political messages sent solely to their members;or 2 An news articles editorial endorsements o inion or commenta writ n s or etters o the editor rinted in a news a er ma azine or other eriodical not owned or control ed b the candidate,or communications other than advertisements posted or published on the Internet for no fee. Redistricting Staff r FUTURE TOPICS Topic Source Quistions/Comments/Explanation •Staff requests a discussion with the Committee to receive guidance •Would the Committee consider removing sections 7- 71(b),7-87(c)and (d)?Removing this review will lessen the frequency of moving precincts between districts. •Would the committee support funding to hire a consultant to help formulate options/different methods for redistricting? Status: •Committee discussion on October 5,2017. •OK given to move forward with precincts boundary changes now to correspond with County precincts.Ordinance will need to include suspension of requirement to review district boundaries when County reprecincts. •Staff asked to consider the possibility of City precincts being smaller than the County’s precincts.Discussion with Larimer County planned. •Staff asked to do modeling to demonstrate how much growth could happen between now and the 2020 census. •Staff to provide suggested Code language to limit district boundary changes to occur only after the census. •Precinct boundary changes completed January 2018. Review of precinct boundaries is required by City Code Section 7 71(b),7 87(c)and (d)whenever Larimer County changes its precinct boundaries. Current Code language: Division 2-Election Precincts and Polling Places Sec.7-71.-Precinct map/amendment. (a)The boundaries of the election precincts as herein created in the City are hereby fixed and established as shown on the map entitled “District-Precinct Map,”which map is on file in the office of the City Clerk. (b)Upon notice by Larimer County that its precinct boundaries have been amended,the City Clerk shall review precinct boundaries and recommend to City Council any precinct boundary changes to ensure they match Larimer County’s precincts. Division 3-Election Districts Sec.7-86.-Establishment. Pursuant to the Charter,the City is hereby divided into six (6)Districts.From each District one (1)City Councilmember will be elected.Such Districts are designated as District No.1,District No.2,District No. 3,District No.4,District No.Sand District No.6,and are delineated on the District-Precinct Map which is adopted by ordinance and made a part hereof by reference and is on file in the City Clerk’s office. Sec.7-87.-Redistricting;notice. (a)The City Council shall,by ordinance,amend the boundaries of the foregoing districts as necessary to comply with the provisions of Article II,Section 1(c)of the Charter.The City Clerk shall cause to be published twice,in a local newspaper of general circulation in the City,notice of the date,time and place of the City Council’s consideration of any such redistricting ordinance.The first such notice shall be published no less than fourteen (14)days prior to the date of first hearing of the redistricting ordinance,and the second notice shall be published no less than ten (10)days prior to the date of the first reading of the same. (b)Not more than eighteen (18)months after the official decennial publication of the United States Census concerning the population of the City of Fort Collins,the City Clerk shall recommend to the City Council any district boundary changes necessary to ensure that,to the extent reasonably possible,there is no more than a ten percent deviation between the most populous and the least populous district. (c)Not less than once every six (6)years after making the determination required under Subsection (b) above,the City Clerk shall again review the district boundaries to determine whether the maximum deviation between the most populous and the least populous district meets the standard described in Subsection (b)above.If the standard in Subsection (b)above is not met,the City Clerk shall recommend to the City Council any district boundary changes necessary to ensure that the districts conform to such standard. (d)The need to amend precinct boundaries pursuant to §7-71(b)shall automatically cause the City Clerk to review current population deviations,regardless of how long it has been since the last review.If the deviation is found to exceed ten (10)percent,the City Clerk shall recommend that the City Council make boundary adjustments,and present the Council with possible redistricting options that to the maximum extent possible equalize the population in each district,subject to the requirements for contiguity and compactness set forth in Article II,Section 1(c)of the Charter,with a maximum permissible deviation often (10)percent between the most populous and least populous district. (e)Any changes to district boundaries shall be established by ordinance no less than one hundred eighty (180)days before a regular municipal election. Larimer County notified the City in June that the Commissioners had approved precinct boundary changes. Pursuant to City Code,this action by Larimer County triggered the review of the population deviation between districts.Staff discovered that the deviation between the most populous and least populous districts is greater than 10%.District 1 has grown dramatically since the last redistricting,which occurred in June 2016.Districts 2,3,5,and 6 had about equal growth while District 4 had no growth.The current practice for reviewing and adjusting districts appears to be unsustainable. Criteria considered for redistricting: ç r 1.To the extent possible,Districts consist of an equal number of inhabitants (Charter) 2.Districts must be contiguous (Charter) 3.Districts must be reasonably compact,consisting of contiguous,undivided general election precincts (Charter) 4.Residence address of each Councilmember so that no Councilmember is disenfranchised from his or her district.