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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/02/2000 - ITEMS RELATING TO ELECTIONS AGENDA ITEM SUMMARY ITEM NUMBER: 30 A-B FORT COLLINS CITY COUNCIL DATE: September 5, 2000STAFF: Wanda Krajicek SUBJECT: Items Relating to Elections. RECOMMENDATION: Staff recommends adoption of the Ordinances on First Reading. EXECUTIVE SUMMARY: A. First Reading of Ordinance No. 121,2000, Amending Section 7-127 of the City_Code Relating to Campaign Contribution Limits. B. First Reading of Ordinance No. 122, 2000, Amending Section 7-129 of the City Code Relating 10 to Election Campaign Reports. At its June 27, 2000 Study Session, Council discussed the current limit ($50) imposed on campaign contributions. The consensus of the Council was that the limits should be increased to$100 for Mayoral candidates and $75 for District candidates. If adopted, this Ordinance will implement those increases and will become effective well in advance of campaign periods for the April 2001 election. The Ordinance will also conform several of the definitions in this Section to those contained in the Fair Campaign Practices Act (FCPA). In addition,staff is proposing an amendment to the Code relating to the filing of an additional campaign report in response to a recent amendment to the FCPA. If adopted, the second Ordinance will provide that the additional report be current as of five (5) days prior to the filing date, rather than two (2) days as currently stated in the City Code. BACKGROUND: Campaign Contribution Limits: The City Code presently imposes a$50 limit on the amount of campaign contributions made by any one person to a candidate's campaign in a City election. The imposition of a limit on campaign contributions has been consistently upheld by the courts. However, the U.S. Supreme Court has recently held that a campaign contribution limit must not be so unreasonably low as to dramatically affect the funding of campaigns and prevent candidates and political committees from amassing the resources necessary for effective advocacy. While there is no indication that the $50 limitation imposed by the City of Fort DATE: September 5, 2000 2 ITEM NUMBER: 30 A-B Collins has this effect on local elections, the amount of the limitation has not been increased since December 1986. A survey of eleven other Colorado cities(Arvada,Aspen,Aurora,Boulder,Colorado Springs,Grand Junction,Greeley,Lakewood,Longmont,Loveland,and Thornton)revealed that seven of the cities have no limit on campaign contributions. Of the remaining four,two have limits of$100, while the other two have limits of$750 for Mayoral candidates and$500 for all other Councilmembers. Staff has also included amendments to the definitions contained in Section 7-127 of the Code in order to conform the definitions, insofar as applicable, to the definitions contained in the FCPA. Election Campaign Reports: The FCPA, as recently amended by House Bill 00-1095,provides that the reporting periods for all reports required to be filed with the municipal clerk shall close five (5) calendar days prior to the effective date of filing. Section 7-129 of the City Code requires an additional campaign report,and requires that it be current as of two (2) days prior to the filing date. Staff recommends that the reporting period for the additional report should be consistent with the reporting periods contained in the FCPA in order to eliminate any possibility for confusion. ORDINANCE NO. 121, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 7-127 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO CAMPAIGN CONTRIBUTION LIMITS WHEREAS, Article VIEL Section 8 of the Charter of the City of Fort Collins provides that the City Council shall act by ordinance to establish a limit on the amount that any person or entity may contribute in support of a candidate for Council on the ballot at any City election; and WHEREAS, Section 7-127 of the Code of the City of Fort Collins provides that no person may make contributions in excess of fifty dollars($50.00)to any candidate or authorized committee of such candidate; and WHEREAS, the Council has determined that Section 7-127 of the City Code should be amended to increase the contributions limits. NOW, THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 7-127 of the Code of the City of Fort Collins be amended to read as follows: Sec. 7-127. Limits. (a) No person may make contributions or contributions in kind it.1x1tssbfftftp f:a to any candidate€m office or committee of such candidate No rlaake seveiit5� ars($75 k fan dr of t f oitnc�l �orr candida"te tatt#rnuttee of su[c . trdiitate: Thrsese limitations shall apply to all contributions or contributions in kind, whether made directly to a candidate or anthorizzd politi-m andidi4 committee or indirectly via earmarked gifts passed through an intermediary, except that thisese limitations shall not apply to: (1) Contributions or contributions in kind made by a candidate to his or her own politieaicandidate committee; (2) Independent expenditures; UVIL1111ittIC Of th� mrididate v, all agent Vf till candidate, and Which = not Made in COLICCIt With, 01 Vt tire 1CLItXbt Or R166eStiUn Of-, tire cmididate, an authorized pofiticai eUnnnittIC of tire candidate OL all agent Of tile candidate, (3) 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 (4) The value of volunteer services provided without compensation by individuals volunteering their time on behalf of a candidate or a pafifi=,� committee. (b) For the purposes of this Section,the following definitions shall apply: Candidate shall mean any person who seeks t0ttu election to the office of Mayor or Councilmember at any city election. A person is a candidate if the person has publicly announced an intention to seek such election or has filed nominating petitions for the office of Mayor or Councilmember or has been chosen to fill any vacancy in the office of Mayor or Councilmember. committee shall mean contribUtiOL15 OIL behalf of#fi fi il{gT�d f 1Y : 3 2 k13 ff.{ { '�:.a �' the candidate,or'>iersan�w�tlx"' ie common pu��ose of eat n cat5irrbu� makngex�pet}tt� `� x�>° c $ � ° lhontyofa;ca�tt hate '" � � �t� KK '` ane candtd ` � { � ` 'dtdate co� �s ,.�? n �,.,mow a§ sw x*-"Sx i+, .r ; .� �;Eh -s active until�a[ta �+�f�e�b���i}�the�cabdidgX� by ,n.r� ., :.�v_.. .,m .� ..� n .. e , of the candidate, fo, politicat be,vices zendeted to the candidate VI at! 2ttTflTVLi=—j the eaUdidate dating the cotrise of the Candidate's car' CantriStrfion sti'all meati s ,��,, , rig . (1) The paymisttk;:loan,'�Sefie, or advance of money, or guatarttee of a Ioati; made;fo atiy eandrdate committee; (2) Any°t ayme,nt.made^4a a third party'for the benefit of any eandtdate t.n coritii3tteiE (3) The fair market valu6Of'any-gift or loan of ptopem itiade'to any candidate caii?t tteg 0 , If}` O[[[tg,the 9y k. �ttT��*,^�1�5{#W�LLt����Y�I YO' wca+�nP'i�e 11141 Contribution in kind shall InCan a rift Of ally itCdl Of Leal �L perSoijai proltr othet than money. C-ortf,ibution in kind shail not include an endorsellrent o Candidacy by mty person. fit determining the vaitte -ttibutions itr maFlCet up,Of a Val k * t '. 4t k ,yx4✓.6t.: kk `� a Rat+k4j..x,t �.t�y%., �s �W-L..!}� �' m©�ney�ntadG t 4I fOX any xG nt}X' ' ►W*ttttt, k Ai jf Qr*1 *d''AG.,,de. Si}1 i&ftti+ii s 'PLii11 S R: }` res a ki r+ servrcetc 9,servxets are �o the so e .w .... c r+. kt iu e kn pra�r3stons.o£ section ar th , ovrstOns .... e s t k�a a ct Independ ft uxpendtture s l mean pa rent P rnon i 6i�a }nr e ;IQt the purposeoadstacaftngtheelecttortdrdef s'not c any cAndidaMp eh � Iltdertd�t� t��Itture� t�te e esndrtveLLs` tmainftl tYaual k,reler tq au� uoug2 #Ce t7[ Tsty aicottittees;in'the reitfar course and scope of their'lvsn'e5s atdpolitieal rnessa8es,sait��o�eTy to their ttiembera: Person shall mean any individual, partnership, committee, association, corporation, labor organization or other organization or group of persons. appointed ot chosen o, w ho have associated Himmel v es viCOOFMated fo, the juipose Political runwrifire shail ,,can any two (2) v, inot persons who-we elected, ot oppose the election of a=didate-. Introduced, considered favorably on first reading, and ordered published this 5th day of September, A.D. 2000, and to be presented for final passage on the 19th day of September, A.D. 2000. Mayor ATTEST: City Clerk Passed and adopted on final reading this 19th day of September, A.D. 2000. Mayor ATTEST: City Clerk • ORDINANCE NO. 122, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 7-129 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO ELECTION CAMPAIGN REPORTS WHEREAS, Article 45 of Title 1 of the Colorado Revised Statutes, commonly referred to as the Fair Campaign Practices Act (the "FCPA"), contains provisions requiring certain election campaign reports to be filed with the City Clerk; and WHEREAS,the FCPA, as amended by the enactment of House Bill 00-1095,provides that the reporting periods for all reports required to be filed with the municipal clerk shall close five calendar days prior to the effective date of filing; and WHEREAS, in addition to the reports required by the FCPA, the Council has required in Section 7-129 of the Code of the City of Fort Collins that an additional preelection report be filed with the City Clerk on the fourteenth day prior to the date of the election; and WHEREAS,Section 7-129 also establishes that the additional report be current in all respects as of two days prior to the filing date; and WHEREAS,Council believes that the reporting period for the additional preelection report should be consistent with the reporting periods contained in the FCPA. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 7-129 of the Code of the City of Fort Collins be amended to read as follows: Sec. 7-129. Additional preelection report required. In addition to the reports required to be filed pursuant to the provisions of Section 1-45-101 et seq., C.R.S., each candidate and campaign treasurer for candidates or issues shall, on the fourteenth day prior to,thg date of the election, file a campaign report,current in all respects, as of two f?j dye( days prior to the filing date,which report shall include all regvired information as in Section 1-45-108, C.R.S. Introduced and considered favorably on first reading and ordered published this 15th day of August, A.D. 2000, and to be presented for final passage on the 5th day of September,A.D. 2000. Mayor ATTEST: City Clerk Passed and adopted on final reading this 5th day of September, A.D. 2000. Mayor ATTEST: City Clerk