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HomeMy WebLinkAboutAgenda - Full - Election Code Committee - 10/21/2024 - Campaign Complaints, Campaign Contribution10/21/2024 – Agenda Page 1 Agenda Election Code Committee October 21, 2024 – 4:00 PM CIC Conference Room, City Hall, 300 Laporte Ave Remote Participation Available A) Call Meeting to Order B) Roll Call C) Public Participation D) Public Participation Follow-up E) Approval of Minutes 1. Approval of Minutes. The purpose of this item is to approve the minutes of the September 11, 2024, Election Code Committee meeting. F) Discussion / Informational Items 2. Potential Code Changes Regarding the Campaign Complaint Process and the Campaign Contribution Limits. Members of the ECC expressed interest in examining the current campaign contribution limits and provided direction for simplifying the campaign complaint process and to also provide for a way to pay the presumptive fine and close the matter earlier. Staff have provided a draft of the proposed changes. 3. 2024 Workplan and Election Updates. The purpose of this item is to provide updates on the Committee’s Work Plan and to enable discussion on Work Plan items. The purpose also includes providing updates on the current and coming elections. At its September 11, 2024, meeting, the Committee confirmed the items listed on the Work Plan. Code amendments related to campaign finance enforcement are scheduled for discussion at the October 21, 2024, meeting. Discussion is also planned on possible changes to campaign contribution limits. For the December 10, 2024, meeting, staff will be prepared to discuss: • Code changes related to contribution limits (if direction is given by the Committee to do so); • Discussion on possible code changes that would eliminate write-in candidates; • Discussion on possible code changes that would eliminate having petition circulators read a petition an entire petition if requested; - Page 1 - 10/21/2024 – Agenda Page 2 • Discussion on possible code changes related to redistricting; and • Discussion on code changes that are needed based on any Charter changes that pass. Additional code changes agreed to at the December meeting, together with a summary of items the Committee approved at the October meeting, will be reviewed at the January 27, 2024, ECC meeting. These items will then be prepared for Council consideration. If no work session is needed, the items could be brought forward for first reading as early as February 18, followed by second reading on March 4, 2025. An earlier meeting in January could be scheduled if the Committee desires to do so. Additional items remaining on the Committee’s Work Plan include: 1. Education for Ranked Choice Voting and Sign Code requirements 2. Additional Charter Amendments a. Article II – Vacancies b. Article IV – General Provisions 3. Other Topics: “Bike Rack” Items: a. Oversight Committee; and b. Public Financing of Campaigns Staff will provide updates on remaining items as information is available. For the October meeting, staff will be prepared to discuss the field trip staff took to the City of Boulder related to Ranked Choice Voting and will be prepared to bring forward more detailed information on a related communications and outreach plan in January. Discussion on possible additional Charter amendments can begin in February if the Committee desires to pursue these items. 4. Discussion of Issues Related to the Proposed Charter Amendments. This item will provide opportunity for questions and clarifications related to the issues surrounding Ballot Question 2D and Notice issues. G) Other Business H) Adjournment Next Scheduled Committee Meeting: 4:00 PM, November 25, 2024 Upon request, the City of Fort Collins will provide language access services for individuals who have limited English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services, programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Please provide advance notice. Requests for interpretation at a meeting should be made by noon the day before. A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al 970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione aviso previo cuando sea posible. Las solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día anterior. - Page 2 - Council Committee Agenda Item Summary – City of Fort Collins Page 1 of 1 October 21, 2024 AGENDA ITEM SUMMARY Election Code Committee STAFF Delynn Coldiron, City Clerk SUBJECT Approval of Minutes. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes of the September 11, 2024, Election Code Committee meeting. ATTACHMENTS 1. Draft Minutes, September 11, 2024 - Page 3 - Section E, Item 1. 9/11/2024 – Meeting Minutes Page 1 Meeting Minutes Election Code Committee September 11, 2024 – 4:00 PM Colorado River Room, 222 Laporte Avenue and via Zoom at https://fcgov.zoom.us/j/98639152564 A) Call Meeting to Order 1. The meeting was called to order at 4:00 P.M. B) Roll Call 1. Mayor Jeni Arndt, Councilmember Julie Pignataro, and Councilmember Tricia Canonico were all present. 2. Others present: City Clerk Delynn Coldiron, City Attorney Carrie Daggett, Assistant City Attorney Sara Arfmann, Assistant City Manager Rupa Venkatesh C) Public Participation 1. Robbie Morland, District 1, discussed Ranked Choice Voting and the mock voter’s guide from 2023. Voter guides were collected from municipalities around the country as examples. The intent is to mail out the guide in addition to social media and other outlets. Daggett discussed not using the City logo in future publications. 2. Kathleen Schmidt, representing the League of Women Voters of Larimer County, expressed support for educating voters on RCV and offered the League's assistance to ensure successful outreach for the 2025 implementation. She advised contacting the Clerk’s Office to help ensure adequate outreach. 3. Jack Armstrong from District 4 reiterated that the mock guide would not be distributed to the public; it was simply an example of what could be created for voters. Mayor Arndt supported not using the City logo in such publications. D) Public Participation Follow-up 1. There was no follow-up. E) Approval of Minutes 1. Councilmember Arndt moved, seconded by Councilmember Pignataro, to approve the minutes of the May 29, 2024, Election Code Committee meeting. F) Discussion / Informational Items 2. Potential Code Changes Regarding Campaign Finance. Background: In February 2024, Council appointed Mayor Jeni Arndt and Councilmembers Tricia Canonico and Julie Pignataro to serve as members of the ECC and Councilmember Melanie Potyondy to serve as an alternate. At its first meeting on March 27, 2024, the Committee heard and discussed potential topics. It was decided to focus first on Charter amendments given the ballot timeline, and then after the Committee discussed examining Code revisions related to campaign finance and associated complains. - Page 4 - Section E, Item 1. 9/11/2024 – Meeting Minutes Page 2 City Attorney Carrie Dagget introduced Assistant City Attorney Sara Arfmann to the Election Code Committee. Assistant City Attorney Arfmann provided a presentation on Campaign Finance, the Complaint Process, and potential ways to streamline the system. She presented statistics on complaints and investigations related to campaign finance and explained the current process, where complaints can be submitted online or dropped off in person. A person facing a complaint can pay fines immediately to resolve the issue. Assistant City Attorney Arfmann outlined the notice process for subjects of complaints, which includes giving them a time window to correct the issue. She explained how conflicts related to an elected city position are handled, noting that the City prefers to avoid any appearance of bias. In such cases, conflicts can be referred to the Secretary of State. Sara highlighted three elements required for a valid complaint: it must be timely filed, contain the required information, and allege sufficient facts. She explained the process for filing and processing complaints. If the issue is resolved ("cured"), the process ends. If not, the case moves to municipal court, which can take several weeks to months to resolve. Councilmember Pignataro inquired whether the violations only pertain to finance. The City Attorney’s Office clarified that the violations cover more than finance, and suggested the name be changed to "Campaign Violations" rather than just "Campaign Finance Violations." Changing the code would be required to allow a violator to pay a fine and resolve the case. Councilmember Pignataro also asked whether fines could be paid from personal or campaign funds, and the City Attorney confirmed they could be paid from committee funds. Prosecutors have the authority to dismiss cases if deemed not worthwhile. Councilmember Canonico asked about a specific case, which the City Attorney elaborated on. Assistant City Attorney Arfmann noted that previously, campaign violation cases were treated as criminal offenses, whereas they are now civil cases. An investigator, commissioned by the police chief, reviews complaints, though it is difficult for police to prioritize these cases. Councilmember Pignataro inquired about using an independent investigator for ethics complaints. The City Attorney explained that outside attorneys are used for ethics complaints, but there is no independent contractor for campaign violation investigations. Mayor Arndt asked about proposed changes to the process. Assistant City Attorney Arfmann suggested allowing violators to pay fines earlier to resolve cases more quickly. She also mentioned that referring conflicts to the Secretary of State would not require a code change and could save the City money on outside counsel and staff time. There was concern from Mayor Arndt about whether the Secretary of State’s office would be familiar enough with the City's Code to handle these cases thoroughly. Assistant City Attorney Arfmann suggested that simplifying the Code might make it easier for people to understand. Finally, the Committee discussed clarifying complaints before proceeding, as many issues involve minor corrections, such as ensuring text messages in campaigns include links to websites that disclose who paid for them. The Committee also discussed fines related to campaign materials, such as postcards without "paid for by" disclosures, and how to streamline the process for repeat compliance issues. The agenda packet included a discussion on fines and potential increases in donations and penalties for violations. G) Review of Upcoming Calendar 3. 2024 Election Update and Workplan Check-In. Background: The Election Code Committee finished its work for the previous term in May 2024. Charter amendments were approved by Council in July 2024 for Article VIII – Elections, Article IX - Page 5 - Section E, Item 1. 9/11/2024 – Meeting Minutes Page 3 – Recall (repeal and re-enact) and Article X – Initiative and Referendum (repeal and re-enact) in preparation for the November 5, 2024, Special Election. These items, together with a ballot issue to extend the City’s existing 0.25% sales and use tax for the street maintenance program will appear on the upcoming election ballot. Campaign Finance Enforcement is the next item set for Committee consideration with an expected January 14 Work Session and possible Council action on February 4 (1st Reading). Additional Code changes that could be brought forward at the same time include redistricting and Charter follow-up for any items that pass. Additional items remaining on the Committee’s Work Plan include: 1. Education for Ranked Choice Voting and Sign Code requirements 2. Additional Charter Amendments a. Article II – Vacancies b. Article IV – General Provisions 3. Other Topics: “Bike Rack” Items: a. Oversight Committee; and b. Public Financing of Campaigns Staff will provide updates on the current items and ensure the committee understands the scope of work needed for the remaining items. The discussion will also address whether there are any additional items of interest to be added. Staff has proposed several code changes, education on Ranked Choice Voting (RCV) and issues related to temporary signage under the sign code. Additional charter amendments concerning vacancies were also mentioned. The committee discussed the topic of campaign finance limits, noting that these limits have not been adjusted, even for inflation. The City Clerk had consulted with the Secretary of State to determine allowable contribution levels. Mayor Arndt emphasized the importance of keeping limits low to maintain community involvement, while acknowledging the challenge of addressing "dark money." Canonico expressed support for a $225 limit for general elections, suggesting that aligning local limits with state levels for committees would simplify matters. Carrie referenced recent 2023 legislation that sets limits on campaign contributions, with a maximum aggregate donation of $400. Arndt advocated for broader donations, while Pignataro suggested considering an increase tied to other factors. The Clerk recommended bringing historical data on campaign finance back to the committee. Councilmember Pignataro noted that low limits could have unintended consequences and create barriers. The group reviewed the historic costs associated with campaign finances. Rupa suggested bringing this topic back for further discussion at the October committee meeting, particularly considering what the state is doing. The committee agreed to consider a few options at that time. The topic of redistricting also requires a code change, according to the Clerk. The current code mandates a review of district alignment every six years after the census. When the County changes precinct boundaries, the City must assess and adjust accordingly. The committee discussed past coordination issues between the County Clerk and the City’s boundaries, with the City Attorney explaining that these precinct changes are often driven by election mechanics rather than population shifts. The committee discussed overriding the code and moving boundaries to ensure alignment with how residents elect Council members, especially when people move between precincts. The - Page 6 - Section E, Item 1. 9/11/2024 – Meeting Minutes Page 4 City sets its district boundaries, and the County follows them, but the Clerk mentioned the importance of ensuring GIS alignment and providing notices of precinct changes. Arndt suggested removing conflicting language in the code and adjusting the timeline to 180 days before the election. Mayor Arndt left the meeting at 5:02 PM. The committee also discussed engaging with CSU students regarding election campaigns, with a field trip planned for October 11th to observe Boulder’s process. The group discussed strategies for raising awareness about RCV in the first or second quarter of the year, including hosting town halls and making the information engaging to capture public attention. There was mention of exploring an RCV initiative at the state level. Councilmember Pignataro suggested using relatable events to help communicate complex redistricting concepts, while Councilmember Canonico raised the idea of utilizing the City’s Public Information Office (CPIO) to market voting. On the topic of the sign code, the committee discussed the need for more education around the rules, and Councilmember Pignataro suggested including information about signage in campaign materials. Councilmember Canonico stressed the importance of providing clear dates for when signs can be posted and ensuring the messaging is succinct. The City Attorney noted that the code enforcement team should clearly communicate how they are enforcing the sign code. The discussion also touched on Proposition 131, which would establish a top four primary with RCV for specific positions, set to take effect in 2026. Finally, the committee discussed charter amendments related to the vacancy process, which is currently convoluted. The Election Code Committee (ECC) will keep this item on the agenda as part of the broader charter cleanup process. The City Attorney mentioned that a charter review project is underway to identify inconsistencies, with a work session planned for December. H) Other Business 1. City Clerk Delynn Coldiron provided the following updates to the Council: • Election update: Intergovernmental Agreement (IGA) ballot content has been sent to the County. • September 20: TABOR Pros/Cons statements must be submitted by noon, with the County sending out the notice on September 23. • September 21: Overseas/military ballots will be sent. • TABOR statements will be added to the notice. • Mail ballots will be sent on October 14. 2. City Attorney Daggett asked about the timing of upcoming initiatives. Assistant City Manager Venkatesh responded with the following timeline: • First reading of code changes is scheduled for the February Council meeting, with content proposals to be presented in October. • November will focus on redistricting, after which they will know about any necessary charter code changes. • In January, the Election Code Committee (ECC) will convene, with Council reviewing the updates in February. - Page 7 - Section E, Item 1. 9/11/2024 – Meeting Minutes Page 5 • Education efforts regarding RCV will follow in the spring, after the February meeting. I) Adjournment 1. The Committee adjourned at 5:18 P.M. Next Scheduled Committee Meeting: 4:00 PM, October 21, 2024 - Page 8 - Section E, Item 1. Council Committee Agenda Item Summary – City of Fort Collins Page 1 of 2 October 21, 2024 AGENDA ITEM SUMMARY Election Code Committee STAFF Sara Arfmann, Legal Carrie Daggett, Legal SUBJECT Potential Code Changes Regarding the Campaign Complaint Process and the Campaign Contribution Limits. EXECUTIVE SUMMARY Members of the ECC expressed interest in examining the current campaign contribution limits and provided direction for simplifying the campaign complaint process and to also provide for a way to pay the presumptive fine and close the matter earlier. Staff have provided a draft of the proposed changes. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Are the Code changes attached sufficient or would any ECC members like to see different changes? 2. Do the ECC members want to proceed with the inflation adjustment language? If so, what amount should the adjustments be rounded to? ($1, $5, $25?) BACKGROUND / DISCUSSION Campaign Compliant Process As previously discussed at the last session for this ECC, the Committee could propose code changes to streamline the campaign complaint process. Staff presented several areas that cause the process to be lengthier and suggested potential changes to address these concerns at the prior meeting. Staff have made proposed changes to the existing process which help to streamline it in the hopes of making the process easier to navigate as well as to update language, similar to the updates made to the Charter. Procedural steps that are more administrative have been removed to simplify the Code while not altering the intent of the process. Staff also proposed a way to allow a respondent to pay the presumptive fine earlier in the process, as well as to explicitly allow the respondent to provide a response or evidence of a cure earlier. The following is a summary of the proposed changes: • Provide notification of the presumptive fine and ability to pay, along with how to provide additional information and/or evidence of a cure when notifying the respondent of the complaint. - Page 9 - Section F, Item 2. Council Committee Agenda Item Summary – City of Fort Collins Page 2 of 2 • Require a complainant to provide factual evidence of a violation, more than a belief that one occurred. • Clarify the roles of the departments. • Create a clear stages for the complaint process: preliminary review, credible evidence review, and then an investigation. • Provides more clarification of when outside counsel will be retained and establishes that internal or external investigators may be used. Campaign Contribution Limits As to the contribution limits, the Committee could propose code changes to change the campaign contribution limits. The history of the City’s set campaign contribution limits is:  Ordinance No. 154, 1981, adopted on second reading on October 20, 1981, added a new section to the City Code establishing a contribution limit of $100 in support of or in opposition to any initiative, referendum, or candidate on the ballot at any City election.  In April 1982, Council repealed the new Code section based on a ruling by the U.S. Supreme Court finding ordinances of this type to be unconstitutional [Ordinance No. 042, 1982].  In June 1982, Council reenacts the Code section, this time limiting contributions to support or oppose a candidate to $500. No limits are enacted relating to initiative or referendum [Ordinance No. 074, 1982].  In December 1986, Council lowered the contribution limit to $50 to “reduce the influence of major contributors upon the selection of any candidate to City Council” [Ordinance No. 190, 1986].  Contribution limits were amended in October 2000 to establish a $100 limit for contributions to a Mayoral candidate and $75 to a District Councilmember candidate [Ordinance No. 121, 2000]. Staff researched the limits set by other municipalities and Colorado offices, please see attached. Several municipalities contain inflation adjustment language that allows the City Clerk to adjust the limit every 2-4 years, most base this adjustment on the United States Bureau of Labor Statistics Consumer Price Index Denver-Boulder-Greeley. These municipalities have the amount rounded to either the nearest dollar, five dollars, or twenty-five dollars. ATTACHMENTS 1. Presentation 2. Proposed Code language for campaign complaint process 3. Chart of other municipal contribution limits 4. Proposed Code language for contribution limits - Page 10 - Section F, Item 2. Sec.7-145.-ALlegation of campaign violation. a)Any candidate or registered elector of the City rcomplainant”)who has reason reasonablc. good faith belief,based on factual information that arw nerson.candidate,candidate committee.issue committee small scale committee,or political committeoL ~ haseviolation of Criapter 7,Article V.of this Code;has ~by ....g ~candidate, c..ndidato e~,mmitt~.~c.,mmitt~,..,,3mpll scalp issue committ.~.~A pJitic0l committ,..,may file a written complaint with the City Clerk,no later than sixty (60)days after the date of the alleged violation h..3 ,.,ccu,,cd. b)1)Thecomplaintmustcontain: 4-ia.The name of the alleged violator; 2~b.The Code provision allegedly violated; 3)c,A brief statement or description of the offense allegedly committed and the basis for the allegation; djd.l&ntif;e..ton of ....;..~L,.0nt documents or other ~..d..ne..AIl documentation or other factual evidence known to the complainant to 5)e,Identification of any witnesses or persons with relevant knowledge;and 6~L The name,address and telephone number at the complainant. b)Within 3 working days of receipt of a complaint the City Clerk,in consultation with the City Attamey.wilt conduct a preliminary reviewso determine whetberJfla complaint is sufficient. &si,ijtjcient complaint must comolv with the following; •ii. rn ProDerty alleges a violation of Chanter 7.Article V.of this Code. cLJLthe~t.ClerhJnsonsul1ation~with the CityAttorney,determines thauhesnmplaintis nsufftcianLtheLlty,CIefkwlth lLJAolilyShe complainant that the complaint hatbfenslismisaact.and 21 Forward the complaint to the person who is the subiect to the complaint (“respondent”)and notify them that the complaint has been dismissed. d)_JLsbeses~mndtntioJhtcomgalainUtLcan11ldate for an elected.position fox muntipalrntice oijfjan.dily Clerk,in consultation with the City.Attomey.Otermines internal review of the complaint may raise conflict concerns,the City Attorney will retain special legal counsel to canducuflenvakjation of the complaintuslnglhaprQcess described below,if it is dmQtoflsufUctent e)e)Forsuffmieffl complaints that allege a criminal violation as set forth in (b), the City Clerk will forward the complaint to the respondent and to the CityAttorney,who will evaluate the complaint for probable cause as provided for in this Division 2, d)f)Forsufficient complaints that do not allege a criminal violation,the complaints sheitwill be subject to a civil infraction process as ~h0,~.infoI1ews: 1L,The City Clerk will forward the complaint to the respondent by electron c mail, notifyingthe respondent that the alleged violation may be subject to a civil infraction~and~t1ht9resump1lvapanalty in accordance with §7 143(a). 2)_Upon receipt of the complaintantaanflmepnoctoiilingoLthecomptamtwith Municipal Court,thesesiaonLientsnay; f~matted {Formatted Formatted Field Code Changed Field Code Changed ‘{Fonnatted - Page 11 - Section F, Item 2. a.Pavthefine:or b.Provide any responsive information to the City Clerk regarding the alle~ations in the complaint. 2)—The Citj Clcrk v.11 forwo,d thc complaint to thc City Att...~..y.wt~,~h,~ll i ,.Qi,~w th~ c...mploint to dctc I in~whether the complant. All4~...,..uffici,.nt f.cL to p~pport p factt~al and lcgal basis to.ttic ,,,.,Lti...,,,,~ allcgcdA1ter~mvidmgpotisttoJflejespapflgnLrbjcamp1LaintstQgvCLerI<.jn consultation with the City Attorney will determine whether the complainant has provided credible evidence to support a finding that the respondent violated this Article so as to warrant further investigation it the City Clerk determines that the complaintuaessnt contain credibLe evidence ouhat the allegation~o~snat warranthiflbeuoyestjgationjfltcltrIwilLdjsmjssthtcomplaintandnotify bath thntlsnlandihtcDnwialnant 9)—tf tho Pt-,Attornog dote.minca that th,.com~l0int t0it..t,.....ti.Jj ...ny ..f th...Formatted:indent:Left 1’No buiiets or numbering thrce (3)cLm~nL i,th.inim~,d,.A~.l,~.~.c14ng &bacct,on (2),thc Citg Au...ri.y shall co notify the pity Clcrk who w;ll,in tu.n,notify th,.~t ~,,d respondent ow,tng 4)UponreceipLeflhesamplamtjjpjtntjljhe initiation of aninvestigatiandhe respondent may Provide evidence of a cure.A “cure”is defined to include evidence of substantial compliance with the applicable law Upon receipt of evidence of a cure,the City Clerk,in consultation with the City Attorney,will dismiss the camptaint.The.CityClerk will notify bothlhelespltar,athesGmplajnant. Whenxeviftwing..thtavidcncejhtCit~Qlerk,in consultationwith the City Attorney will consider the following. a.The extent of the respondent’s noncompliance: b The PU pose of the p ovision violated and whether that purpose was substantia ly achieved despite the noncomplia ce:a d c.Whether the noncompliance may properly be viewed as a knowing attemot to mislead the electorate or election officials, 5)_if the City Attornej C erk,in consultation with the City Attorney,determines that the complaint satisti~,,,th..th,,~e (3)elements ,n the mmedatcl,~Oub,,,..,..tion (2tcontaiscrethhlesvidence andwarrantsfurtherjnvestigationjheLityAttomey will arrange for any necessary outside or internal investigators to assist in conduct ng an investigation,the Ct-,Atto ncj shall notify thcThe-City Clerk who ‘in turn,notify the respondent and complainan that an investigation has begun, thaufleymaybesontactedloLaninterview or other information gatfiarm~Any additionat informationthat either theJespQndent&LcQmplaln3ffij&aojsJaQrgvj~e musttej000lyoabLtfltcjty.flextwittinjen.Llmbusiness days.Documentation must be received within the ten (10)working days n order to be cons dered during the nves igation ,n oritng at the p.esumptr,c ~cnalty in ..c,..u,&n~c with S 7 143(a) 0nd that the - Page 12 - Section F, Item 2. ,.ii’ I~I i~,. ,I~•II~• I~‘I determine whether Chapter 7.ArticleS,of this Code J Formatted;Indent Left 1 63 No bullets orLnumbering ~Formatted ~Ued 4 Formatted j Commented [SAIl:Left this in as it sounded like the Mayor wanted to broaden this to add in the issue of abitityto cure after the fact but it would be nice to move this out of the code complaint with the Municipal Court be governed byArticte V of Chapter 19 of this Code. - Page 13 - Section F, Item 2. *0)1 U A complainant or any other nonrespondent~tta4{wijI not be a party to the City Attorneys initial review,cure proceedings,investigation,or any proceeding in the Municipal Court.A complainant may request permission from the Municipal Judge or their designee to file an amicus curiae brief. Any person that commits a violation of this Article st~e{twftl be personally liable for the penalties imposed.Any candidate eftM+will be personally Liable for penalties imposed upon the candidate or the candidate’s committee and may use campaign contributions to pay penalties, - Page 14 - Section F, Item 2. Sec. 7-145. - Allegation of campaign violation. a) Any candidate or registered elector of the City ("complainant") who has reasonable, good faith belief, based on factual information, that any person, candidate, candidate committee, issue committee, small-scale committee, or political committee has violation of Chapter 7, Article V, of this Code may file a written complaint with the City Clerk, no later than sixty (60) days after the date of the alleged violation. 1) The complaint must contain: a. The name of the alleged violator; b. The Code provision allegedly violated; c. A brief statement or description of the offense allegedly committed and the basis for the allegation; d. All documentation or other factual evidence known to the complainant to support the allegation; e. Identification of any witnesses or persons with relevant knowledge; and f. The name, address and telephone number of the complainant. b) Within 3 working days of receipt of a complaint the City Clerk, in consultation with the City Attorney, will conduct a preliminary review to determine whether the complaint is sufficient. A sufficient complaint must comply with the following: 1) Was timely filed under § 7-145(a); 2) Contains the information required by § 7-145(b); and 3) Properly alleges a violation of Chapter 7, Article V, of this Code. c) If the City Clerk, in consultation with the City Attorney, determines that the complaint is insufficient, the City Clerk will: 1) Notify the complainant that the complaint has been dismissed; and 2) Forward the complaint to the person who is the subject to the complaint (“respondent”) and notify them that the complaint has been dismissed. d) If the respondent to the complaint is a candidate for an elected position for municipal office or if the City Clerk, in consultation with the City Attorney, determines internal review of the complaint may raise conflict concerns, the City Attorney will retain special legal counsel to conduct the evaluation of the complaint using the process described below, if it is determined by the City Clerk to be sufficient. e) For sufficient complaints that allege a criminal violation as set forth in § 7-143(b), the City Clerk will forward the complaint to the respondent and to the City Attorney, who will evaluate the complaint for probable cause as provided for in this Division 2. f) For sufficient complaints that do not allege a criminal violation, the complaints will be subject to a civil infraction process as follows: 1) The City Clerk will forward the complaint to the respondent by electronic mail, notifying the respondent that the alleged violation may be subject to a civil infraction and of the presumptive penalty in accordance with § 7-143(a). 2) Upon receipt of the complaint and at any time prior to filing of the complaint with Municipal Court, the respondent may: a. Pay the fine; or b. Provide any responsive information to the City Clerk regarding the allegations in the complaint. 3) After providing notice to the respondent of the complaint, the City Clerk, in consultation with the City Attorney, will determine whether the complainant has - Page 15 - Section F, Item 2. provided credible evidence to support a finding that the respondent violated this Article so as to warrant further investigation. If the City Clerk determines that the complaint does not contain credible evidence or that the allegation does not warrant further investigation, the Clerk will dismiss the complaint and notify both the respondent and the complainant. 4) Upon receipt of the complaint up until the initiation of an investigation, the respondent may provide evidence of a cure. A “cure” is defined to include evidence of substantial compliance with the applicable law. Upon receipt of evidence of a cure, the City Clerk, in consultation with the City Attorney, will dismiss the complaint. The City Clerk will notify both the respondent and the complainant. When reviewing the evidence, the City Clerk, in consultation with the City Attorney, will consider the following: a. The extent of the respondent's noncompliance; b. The purpose of the provision violated and whether that purpose was substantially achieved despite the noncompliance; and c. Whether the noncompliance may properly be viewed as a knowing attempt to mislead the electorate or election officials. 5) If the City Clerk, in consultation with the City Attorney, determines that the complaint contains credible evidence and warrants further investigation, the City Attorney will arrange for any necessary outside or internal investigators to assist in conducting an investigation. The City Clerk will notify the respondent and complainant that an investigation has begun, that they may be contacted for an interview or other information gathering. Any additional information that either the respondent or complainant wants to provide must be received by the City Clerk within ten (10) business days. Documentation must be received within the ten (10) working days in order to be considered during the investigation. 6) Upon receiving payment of the fine, the City Clerk will close the complaint and notify the respondent and complainant. 7) Based on the outcome of the investigation the City Clerk, in consultation with the City Attorney, will determine whether a violation under Chapter 7, Article 5, of this Code occurred. 8) If it is determined that a violation did occur, the complaint will be filed with the Municipal Court. If the City Clerk, in consultation with the City Attorney, determines that a violation under Chapter 7, Article 5 did not occur, the City Clerk will dismiss the complaint and notify the complainant and respondent. 9) Any complaint filed with the Municipal Court under this Section will be governed by Article V of Chapter 19 of this Code. 10) A complainant or any other nonrespondent will not be a party to the City Attorney's initial review, cure proceedings, investigation, or any proceeding in the Municipal Court. A complainant may request permission from the Municipal Judge or their designee to file an amicus curiae brief. 11) Any person that commits a violation of this Article will be personally liable for the penalties imposed. Any candidate will be personally liable for penalties imposed upon the candidate or the candidate's committee and may use campaign contributions to pay penalties. - Page 16 - Section F, Item 2. Sec. 7-135. - Campaign contributions/expenditures. a) Limits. 1) No person may make contributions and/or contributions in kind totaling more than one________ hundred dollars ($100.) to the candidate committee of any candidate for the office of Mayor. No person may make contributions and/or contributions in kind totaling more than seventy-five ___________ dollars ($75__________.) to the candidate committee of any candidate for the office of Councilmember. These limitations shall apply to all contributions or contributions in kind, whether made directly to a candidate committee or indirectly via earmarked gifts passed through an intermediary, except that these limitations shall not apply to: a. Contributions or contributions in kind made by a candidate to his or her own candidate committee; b. Independent expenditures; c. Monetary loans that are: (a) personally guaranteed in writing by the candidate, the candidate's immediate family or a business entity in which the candidate owns at least five (5) percent; or (b) secured by real or personal property owned by the candidate, the candidate's immediate family or a business entity in which the candidate owns at least five (5) percent; or d. Contributions made to a candidate committee by another candidate committee established by the same individual as a candidate for the office of Mayor or Councilmember. 2) No person may make contributions and/or contributions in kind totaling more than one hundred dollars ($100.) to a political committee. 3) No person shall make a contribution or contribution in kind in the name of another person or knowingly permit one's name to be used by another person to effect such a contribution or contribution in kind. 4) Inflation Adjustment. The City Clerk will adjust the limit set forth in this Subsection (1) of this section based upon the percentage change over a two-year period in the United States Bureau of Labor Statistics Consumer Price Index Denver-Boulder- Greeley, all urban consumers, or its successor index, rounded to the nearest dollar. The first adjustment will be done in the first quarter of 2027 and then every two years thereafter. b) Limited Liability Company Contributions. A limited liability company ("LLC") may make contributions or contributions in kind to candidate committees or political committees subject to the following requirements and all other applicable limits of this Section: 1) Any contribution from an LLC shall count against contribution limits for both the LLC itself and the individual members of the LLC as apportioned according. The amount a person contributes as an individual member of the LLC shall count towards the aggregate contribution limit for that person in Subsection (a) herein. 2) The LLC shall provide the candidate committee or political committee with a written statement affirming the permissibility of the contribution on a form provided by the City Clerk. The affirmation shall include: a. The name and address of the LLC and each LLC member; - Page 17 - Section F, Item 2. b. Information on how the contribution is attributed among the LLC members, which attribution must reflect the capital each member has invested in the LLC relative to the total amount of capital invested in the company, or the percentage of ownership each member has in the LLC as of the date of the contribution. 3) No candidate committee or political committee shall accept a contribution from an LLC unless the LLC provides the written affirmation in compliance with this Section before the contribution is deposited by the committee. 4) The candidate committee or political committee receiving the contribution shall: a. List both the individual LLC members' names and the name of the LLC as contributors on disclosure reports; and b. Retain the affirmation statements for one (1) year after the date of the election; provider however, in the event a complaint is filed against the committee, the committee must maintain the affirmations until the final disposition of the complaint. 5) As used in this Subsection (b), "limited liability company" shall have the same meaning as "domestic limited liability company" as defined in Section 7-90-102(15), C.R.S., or "foreign limited liability company" as defined in Section 7-90-102(24), C.R.S., as amended. c) Joint contributions. No person shall make a contribution jointly with another person through the issuance of a check drawn on a jointly owned account unless: (i) the total amount of the joint contribution is less than the maximum amount that can be contributed by one (1) person under the contribution limits established in Subsection (a) of this Section or (ii) the check is signed by all owners of the account, in which event the amount of the total contribution shall be allocated equally among all such persons unless a different allocation is specified on the face of the check. No candidate committee shall knowingly accept a contribution made in violation of this Subsection (c). d) Contributions in excess of limits. No later than ten (10) business days after receiving a contribution or contribution in kind in excess of the limits set forth in this Section, the committee that received the contribution shall remit the excess to the contributor or pay to the contributor the value of the contribution in kind. e) No candidate committee, issue committee, small-scale issue committee or political committee shall knowingly accept contributions or contributions in kind from any person who is not a citizen of the United States, from a foreign government or from any foreign corporation that does not have authority to transact business in this State pursuant to Article 115 of Title 7, C.R.S., or who is prohibited from contributing pursuant to the Charter of the City of Fort Collins or this Article. f) No issue committee, small-scale issue committee or political committee shall make a contribution or contribution in kind to any other committee or to any candidate. g) Contributions from one (1) candidate committee to another. 1) No candidate committee shall make a contribution or contribution in kind to, or accept a contribution or contribution in kind from, a candidate committee of another candidate. - Page 18 - Section F, Item 2. 2) No candidate committee shall accept a contribution or contribution in kind from a candidate committee of the same candidate that was established or maintained for a federal, state or county election campaign or office. h) Recordkeeping. 1) All contributions and contributions in kind received by a candidate committee, small-scale issue committee, issue committee or political committee shall be documented and deposited and maintained in a financial institution in a separate account that complies with Subsection 7-134(a)(7). Following any election in which the committee received contributions, the committee shall maintain all records pertaining to contributions and related accounts for one (1) year following the date the final disclosure report is due under Section 7-136 or the date the committee terminates, whichever is later, unless a complaint has been filed under Subsection 7-145(a) alleging a violation of the provisions of this Article, or the person or committee has received notice of an investigation or prosecution of a violation of this Article by the City or other law enforcement authority, in which case they shall be maintained until final disposition of the complaint and any consequent court proceedings. Such records shall be subject to inspection in connection with any investigation or other action to enforce the terms of this Article. 2) Following any election in which the committee made any expenditure, the committee shall document all expenditures and shall maintain all records pertaining to said expenditures, including but not limited to invoices, receipts, instruments of payment, and copies of any public communications produced as a result of the expenditure, for one (1) year following the date the final disclosure report is due under Section 7-136 or the date the committee terminates, whichever is later, 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. i) Reimbursements prohibited. No person shall make a contribution or contribution in kind to a candidate committee, issue committee, small-scale issue committee or political committee with the expectation that some or all of the amounts of such contribution will be reimbursed by another person. No person shall be reimbursed for a contribution or contribution in kind made to any candidate committee, issue committee, small-scale issue committee or political committee, nor shall any person make such reimbursement. An unexpended campaign contribution returned to a contributor or compensation for a contribution in kind by a committee pursuant to § 7-135(c) shall not be considered a reimbursement. - Page 19 - Section F, Item 2. j) A candidate committee, issue committee, small-scale issue committee or political committee shall not coordinate its expenditures or activities with, or share information with, any other committee and shall not conduct its campaign activities in a manner that has the effect of circumventing any restrictions or limitations on campaign contributions, expenditures or reporting set forth in this Article. k) A candidate, candidate committee or political committee shall obtain from each seller a certification of full fair market value for any purchased goods or services and from the contributor for any goods or services that constitute a contribution or contribution in kind. Any seller or contributor asked to provide a certification of value shall provide to the candidate, candidate committee or political committee a correct and undiscounted statement of value. Certification of value documentation shall be provided by a candidate, candidate committee or political committee to the City Clerk, or other appropriate City official responsible for investigating or reviewing compliance, upon request. - Page 20 - Section F, Item 2. CAMPAIGN CONTRIBUTION LIMITS IN COLORADO Fair Campaign Practices Act, Colo. Rev. Stat. § 1-45-103.7 (1.9)(a)(I) The maximum amount of aggregate contributions that any one person, including a political party, and excluding a small donor committee, may make to a candidate committee of a candidate for a municipal office, and that a candidate committee for such a candidate may accept from any one such person per election is four hundred dollars. (II) The maximum amount of aggregate contributions that any one small donor committee may make to a candidate committee of a candidate for a municipal office and that a candidate committee for such a candidate may accept from any one small donor committee per election is four thousand dollars. Fair Campaign Practices Act, Colo. Rev. Stat. § 1-45-116 Any home rule county or municipality may adopt ordinances or charter provisions with respect to its local elections that are more stringent than any of the provisions contained in this act. Any home rule county or municipality which adopts such ordinances or charter provisions sha ll not be entitled to reimbursement pursuant to subsection 1-45-112(2). The requirements of article XXVIII of the state constitution and of this article shall not apply to home rule counties or home rule municipalities that have adopted charters, ordinances, or resolutions that address the matters covered by article XXVIII and this article. Colorado Constitution, Article XXVIII, §3(3)(a) No political party shall accept aggregate contributions from any person, other than a small donor committee . . . that exceed three thousand dollars per year at the . . . local level combined. - Page 21 - Section F, Item 2. 2 October 17, 2024 Municipality Contribution Limits [Code] Matching Provision [Code] Limits Adjustment [Code] Arvada $750 for mayor and at large $500 for district [30-1] n/a n/a Aurora $2,250 for mayor or at large $450 for a ward race [54-105(a)] Effective August 1, 2023, the rates have been updated pursuant to section 54-105(d). n/a Clerk to adjust limits by an amount calculated by the Colorado Secretary of State per article XXVIII § 3(13) which says limits shall be adjusted based on the change over a 4-year period in the CPI for Denver-Boulder-Greeley [54-105(d)] Boulder $100 for any candidate [13-2-4(a)(1)] https://bouldercolorado.gov/media/6945/ download?inline= Subject to candidate meeting eligibility requirements, City will match up to 50% of expenditure limit, which is the actual currency (not in-kind donations) excluding up to $100 from candidate’s personal wealth. [13-2-3(a)(2)] Clerk to determine adjustment every 2 years based on the change over a 2-year period in the CPI for Denver-Boulder-Greeley [13-2-3] Broomfield $2,660 for mayor $1,330 for councilmember [4-08-070] n/a Clerk to determine adjustment every 2 years based on the change over a 2-year period in the CPI for Denver-Boulder-Greeley [4-08-070] Castle Rock Does not have contribution limits. n/a n/a Centennial No limitations on contribution amounts to candidates for City Elective Office shall apply in any City election. [2-6-315] n/a n/a Colorado Springs Does not have contribution limits. https://coloradosprings.gov/city-clerk/page/campaign- finance-faq n/a n/a - Page 22 - Section F, Item 2. 3 October 17, 2024 Municipality Contribution Limits [Code] Matching Provision [Code] Limits Adjustment [Code] Commerce City Will follow new limits established by state statute in 2025 $400 for individual or political party $4,000 from a small donor committee [HB23-1245; FCPA 1-45-103.7(1.9)] n/a n/a Denver Fair Election Fund Limits $595 for mayor $415 for auditor, councilmember at large, judge, clerk and recorder $235 for district councilmember Non-Fair Election Fund Limits $1,190 for mayor $835 for auditor, councilmember at large, judge, clerk and recorder $475 district councilmember https://denvergov.org/Government/Agencies- Departments-Offices/Agencies-Departments-Offices- Directory/Clerk-and-Recorder/Campaign-Finance n/a Clerk to determine adjustment each election cycle based on the change over a 4-year period in the CPI for Denver-Boulder-Greeley [15-37(a)(3)] Golden $1,000 for mayor $250 for city council 1.05.040 n/a n/a Grand Junction $625 for any candidate [2.20.040(d)(1)] First adjustment to be made in Q4 2024. n/a Clerk to determine adjustment every 2 years based on the change over a 2-year period in the CPI for Denver-Boulder-Greeley. First adjustment to be made Q4 2024. [2.20.040(d)(5)] Greeley $2,500 for any candidate; does not apply to personal funds [2-126] Limits first enacted August 2024. n/a Clerk to determine adjustment every 2 years based on CPI for Denver-Boulder-Greeley [2-126] - Page 23 - Section F, Item 2. 4 October 17, 2024 Municipality Contribution Limits [Code] Matching Provision [Code] Limits Adjustment [Code] Lakewood $800 for mayor $400 for city council [2.54.030] n/a Lone Tree $2,000 for any candidate [2-1-110] n/a n/a Loveland $130 for any candidate [17-5(a)] https://www.lovgov.org/home/showpublisheddocument /54978/637547093103030000 n/a Clerk to determine adjustment every 5 years based on CPI [17-5(b)] Northglenn Will follow new limits established by state statute in 2025 $400 for individual or political party $4,000 from a small donor committee [HB23-1245; FCPA 1-45-103.7(1.9)] n/a n/a Thornton $400 for individual or political party $4,000 from a small donor committee [HB23-1245; FCPA 1-45-103.7(1.9)] n/a n/a Westminster $400 for individual or political party $4,000 from a small donor committee [HB23-1245; FCPA 1-45-103.7(1.9)] n/a n/a - Page 24 - Section F, Item 2. 5 October 17, 2024 Other Colorado donation limits for a natural person Contributing to Limit Attorney General per election cycle* $725 County Candidates per election cycle* (under state law) $1,425 CU Regent per election cycle* $225 District Attorney per election cycle* $225 Governor and Lt. Governor per election cycle* $725 Independent expenditure committee No limit Issue committee / Small-scale issue committee No limit Political committee per election cycle* $725 Political party per year $4,675** Regional Transportation District No limit Secretary of State per election cycle* $725 School director per election $2,500 Small donor committee per year $50 State Board of Education per election cycle* $225 State House of Representatives per election cycle* $225 State Senate per election cycle* $225 State Treasurer per election cycle* $725 *All candidates may accept contributions for the primary and general election. Colorado law recognizes the Governor and Lt. G overnor as one committee and the contribution and spending limits for governor apply to the joint committee. Contribution limits double for a candidate who has accepted voluntary spending limits if their opponent has not accepted the voluntary spending li mits and has raised more than 10 percent of the spending limit. Contributions to a candidate committee by the candidate count as political party contributions when a candidate accepts voluntary spending limits. Any unexpended campaign contributions that carry forward to a subsequent election cycle also count as a political party contribut ion. **State, county, district, & local levels combined, of which no more than $3,875 may be given to the state party. - Page 25 - Section F, Item 2. Headline Copy Goes Here Assistant City Attorney II Sara Arfmann Proposed Changes to the Campaign Complaint Process & Contribution Limits Oct 2024 - Page 26 - Section F, Item 2. Headline Copy Goes Here 2 Overview of Proposed Changes •Complainant must have a “reasonable, good faith belief, based on factual information” that a violation occurred •Currently it only states that a person has “reason to believe” a violation occurred •Requires complainant to provide all documents/evidence of the violation known to them to support the complaint •Clarifies that the City Clerk makes the determination with consultation with the City Attorney’s Office •Clearly states that outside counsel will be retained if the complaint involves a candidate for an elected position •Clearly states that the CAO may retain any internal or outside investigatory services to conduct an investigation •Creates a more streamlined and easier to understand process •Clearer deadlines •Ability to pay, cure, or provide evidence earlier- Page 27 - Section F, Item 2. Headline Copy Goes Here 3 Stage 1 –Preliminary Review - Page 28 - Section F, Item 2. Headline Copy Goes Here 4 Stage 2 –Evaluation of Complaint - Page 29 - Section F, Item 2. Headline Copy Goes Here 5 Stage 3 –Investigation of Complaint - Page 30 - Section F, Item 2. Headline Copy Goes Here 6 Stage 4 –Refer to Municipal Court - Page 31 - Section F, Item 2. Headline Copy Goes Here 7 Proposed Changes to Contribution Limits •Committee member guidance on what the new limits should be •Propose including a provision allowing for an automatic inflation adjustment every 2 years based on the United States Bureau of Labor Statistics Consumer Price Index Denver-Boulder-Greeley •Many other municipalities provide for this or something similar •Propose having this amount rounded to the nearest dollar (or greater if desired) •Comparison chart provided of other municipalities •Shows their current limits, if they have any •Also shows which municipalities allow for inflation adjustments - Page 32 - Section F, Item 2. Headline Copy Goes Here Questions? 8 - Page 33 - Section F, Item 2. Council Committee Agenda Item Summary – City of Fort Collins Page 1 of 2 October 21, 2024 AGENDA ITEM SUMMARY Election Code Committee STAFF Delynn Coldiron, City Clerk Rupa Venkatesh, Assistant City Manager Carrie Daggett, City Attorney Sara Arfman, Assistant City Attorney SUBJECT 2024 Workplan and Election Updates. EXECUTIVE SUMMARY The purpose of this item is to provide updates on the Committee’s Work Plan and to enable discussion on Work Plan items. The purpose also includes providing updates on the current and coming elections. At its September 11, 2024, meeting, the Committee confirmed the items listed on the Work Plan. Code amendments related to campaign finance enforcement are scheduled for discussion at the October 21, 2024, meeting. Discussion is also planned on possible changes to campaign contribution limits. For the December 10, 2024, meeting, staff will be prepared to discuss: • Code changes related to contribution limits (if direction is given by the Committee to do so); • Discussion on possible code changes that would eliminate write-in candidates; • Discussion on possible code changes that would eliminate having petition circulators read a petition an entire petition if requested; • Discussion on possible code changes related to redistricting; and • Discussion on code changes that are needed based on any Charter changes that pass. Additional code changes agreed to at the December meeting, together with a summary of items the Committee approved at the October meeting, will be reviewed at the January 27, 2024, ECC meeting. These items will then be prepared for Council consideration. If no work session is needed, the items could be brought forward for first reading as early as February 18, followed by second reading on March 4, 2025. An earlier meeting in January could be scheduled if the Committee desires to do so. Additional items remaining on the Committee’s Work Plan include: 1. Education for Ranked Choice Voting and Sign Code requirements 2. Additional Charter Amendments a. Article II – Vacancies b. Article IV – General Provisions - Page 34 - Section F, Item 3. Council Committee Agenda Item Summary – City of Fort Collins Page 2 of 2 3. Other Topics: “Bike Rack” Items: a. Oversight Committee; and b. Public Financing of Campaigns Staff will provide updates on remaining items as information is available. For the October meeting, staff will be prepared to discuss the field trip staff took to the City of Boulder related to Ranked Choice Voting and will be prepared to bring forward more detailed information on a related communications and outreach plan in January. Discussion on possible additional Charter amendments can begin in February if the Committee desires to pursue these items. Election Update Here’s what is happening related to the current election: • Mail ballot packages are out to voters • We are responding to questions as they come but haven’t had many • Annual reports for anyone with open campaigns are due November 1st; reminders have been sent • No committees have filed related to ballot issue or questions • No independent expenditure reports have been filed • Ballots are due back by 7:00 p.m. on November 5th • The last day for the County to receive military/overseas ballots and for people to correct signature deficiencies is November 13 • The last day for verification and counting of all ballots is November 15 • The deadline for the County to certify election results is November 27 Staff is working on updating Candidate Guidelines and other materials for the 2025 election. We are hoping to schedule a Candidate Information Session during Q1 which will include some information about the new ranked choice voting process. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Does this meet the Committee’s expectations regarding these items? 2. Are there any additional items the Committee is interested in pursuing for this election term? BACKGROUND / DISCUSSION None. ATTACHMENTS 1. Presentation - Page 35 - Section F, Item 3. Headline Copy Goes Here City Clerk Delynn Coldiron 2024 Election Update and Work Plan Check-In Oct 2024 - Page 36 - Section F, Item 3. Headline Copy Goes Here 2 Committee Priorities Campaign Finance Enforcement Campaign Contributions Discussed Today Code Changes (Dec 10) Eliminate Write-In Candidates Redistricting Charter Changes Reading Petitions Education Efforts Ranked Choice Voting (update today) Sign Code Additional Charter Amendments Vacancies Other? Other Topics –“Bike Rack” Oversight Committee Public Financing of Campaigns - Page 37 - Section F, Item 3. Headline Copy Goes Here 3 Code Changes –Campaign Enforcement and Contribution Limits Campaign Enforcement: •Reviewed code language today. •Will make changes based on today’s discussion. •Will prepare information for Council consideration in February. Contribution Limits: •Discussed today and reviewed proposed code language. •Will make changes based on today's discussion. - Page 38 - Section F, Item 3. Headline Copy Goes Here 4 Code Changes –Eliminate Write in Candidates Section 7-103 –Write-in candidates: •Currently allowed if the candidate has filed an affidavit of intent with the City Clerk. •The affidavit must be filed no later than the 64th day prior to the election. •The affidavit must indicate that the person desires and is qualified for the office. - Page 39 - Section F, Item 3. Headline Copy Goes Here 5 Code Changes -Redistricting and Charter Changes Redistricting: Current requirements •After decennial (10 year) publication of Census •Check within six years after redistrict due to Census •When changes in precinct boundaries are amended causing deviations to exceed 10% •Changes by the County are common prior to elections •Council generally waives the redistricting requirement associated with this Petition Circulation •Eliminating the provision that circulators have to read a petition when requested to do so. Charter Changes: •May require code changes for any of the Charter amendments that passed during the election Getty Images - Page 40 - Section F, Item 3. Headline Copy Goes Here 6 Education Efforts –Ranked Choice Voting Field Trip! •Designated a staff project team •Boulder County provided a project manager which was helpful •Communication is key –bite, snack, meal approach! •Ensure consistency in messaging for all involved •Scripts are helpful! •Started outreach in April •Post-cards (2) •Flyer (1) •Website –video and practice ballot •Local TV •Social media •Town Hall/League of Women Voters •Events (libraries worked well too) •FAQs •Regular meetings with County Boulder Practice Tool Boulder RCV Video Willing to share resources!- Page 41 - Section F, Item 3. Headline Copy Goes Here 7 Education Efforts –Signs •Updating website links to new code •Working with CPIO on streamlined informational brochure - Page 42 - Section F, Item 3. Headline Copy Goes Here 8 Additional Charter Amendments and Other Topics •Vacancies •Other? Additional Charter Amendments •Oversight Committee •Public Financing of Campaigns Other Topics - Page 43 - Section F, Item 3. Headline Copy Goes Here 9 Election Update Mail Ballots are out Annual reports due November 1st No committees or independent expenditures November 5 -Ballots due back by 7 pm November 13 -Overseas/military ballots are due November 15 -Last day for verification/counting ballots November 27 –Deadline for County to certify results- Page 44 - Section F, Item 3. Headline Copy Goes Here Questions? 10 - Page 45 - Section F, Item 3.