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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/09/2016 - FIRST READING OF ORDINANCE NO. 021, 2016, AMENDINGAgenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY February 2, 2016 February 9, 2016 City Council STAFF Wanda Winkelmann, City Clerk Rita Knoll, Chief Deputy City Clerk SUBJECT First Reading of Ordinance No. 021, 2016, Amending Chapter 7 of the Code of the City of Fort Collins to Update and Amend Requirements and Procedures for City Elections. EXECUTIVE SUMMARY The purpose of this item is to adopt changes to Chapter 7 of the City Code as recommended by the City Clerk and the ad hoc Council Committee, to update and amend the election code. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In the last several years, state election rules, laws, policies and procedures have been significantly amended. Staff has been following these changes and discussing which local municipal election laws might need to be examined. Additionally, since the April 2015 municipal election, staff has been reviewing the City’s Election Code and Charter for possible updates and changes (as a part of the Plan-Do-Check-Act model). There are multiple and complex possibilities requiring thoughtful discussions to determine the impacts to the community. Through Resolution 2015-092, City Council appointed three Councilmembers (Ross Cunniff, Bob Overbeck, and Kristin Stephens) to serve as an ad hoc committee to review, discuss, and recommend the most beneficial changes to Chapter 7 of the City Code and Article VIII of the Charter regarding elections. The Committee met four times - November 30, December 16, January 6, and January 20 - reviewed the proposed amendments, and makes the following recommendations: A. Provisions Relating to the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA): Ballots are mailed to registered voters 22-15 days before Election Day. House Bill 15-1130 amended the dates that ballots must be mailed to UOCAVA voters (45 days before Election Day), which means all additional deadlines (such as the date candidate petitions are due) must be changed. The Committee recommends that current practices be continued and that the provisions required as a result of UOCAVA legislation not be adopted. Agenda Item 13 Item # 13 Page 2 B. Election Code Amendments Recommended: Proposed Amendment/Clarification Corresponding Section #’s 1. State that the Municipal Election Code (MEC) and the Uniform Election Code (UEC) will be followed when the City Code or Charter are silent on an election issue 7-1 2. Add a section to the duties of the City Clerk to codify actions taken to inform UOCAVA voters of the upcoming election 7-20 3. Address appointment, compensation, and oath of office for election workers 7-41, 7-42, 7-43 4. Insert a section to address recount procedures and the use of contributions to pay the cost of a request recount 7-45, 7-46, 7-47 7-132, 7-138 5. Clarify how a protest of ballot language is filed (redistricting, ballot title) 7-88, 7-156 6. Amend the filing deadline of Friday before election reports to noon 7-136 7. Amend publication requirements for campaign finance reports; include in Notice of Election where campaign reports can be found 7-137, 7-184 8. Prescribe the order of items on the ballot 7-185 9. Not require the City Clerk to conduct signature verification 7-191 10. Permit an eligible voter to correct deficiencies (causing his or her ballot to be rejected) eight days after Election Day (only if UOCAVA fully implemented) 7-192 11. Provide for the release of preliminary election results 7-193 C. Additional Discussion/Action: 1. Consider a Charter amendment that would allow members of City Council to accept a wage lower than the amount outlined in Code; 2. Clarify the deadline for the filing of election complaints (considered in Agenda Item #6, which would establish a statute of limitations in the City Code). D. Items Withdrawn/Not Being Considered: 1. After discussion with the Committee, no change was requested regarding campaign contribution limits; 2. After Committee discussion and staff research, staff withdrew the request to establish a time period for the termination of a campaign committee. CITY FINANCIAL IMPACTS Switching from publishing campaign finance reports in the newspaper to posting the reports online is expected to save $10,000 annually. BOARD / COMMISSION RECOMMENDATION At the request of the Committee, staff met with the Commission on Disability (COD), Human Relations Commission (HRC), and Senior Advisory Board (SAB) to discuss the issue of City Council Compensation and if a Charter amendment should be considered to permit a Councilmember the option of accepting a reduced salary or no salary at all. The HRC requested information regarding national trends on this issue. Staff was unable to provide this information. The COD and SAB expressed support for a Charter amendment as they didn't want the issue of Council compensation to impair a citizen's ability to run for office. Concern was expressed that the issue of not taking a salary could be used as a political tool. Agenda Item 13 Item # 13 Page 3 ATTACHMENTS 1. Human Relation Commission minutes (draft), January 14, 2016 (PDF) 2. Senior Advisory Board minutes, December 9, 2015 (PDF) 3. Commission on Disability minutes (draft), January 14, 2016 (PDF) 4. 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ϮϬϭϱŶŶƵĂůZĞƉŽƌƚ͗ĐŽƉǇǁĂƐƉƌŽǀŝĚĞĚĨŽƌƌĞǀŝĞǁ͘dŚĞϮϬϭϱŶŶƵĂůZĞƉŽƌƚǁĂƐƵŶĂŶŝŵŽƵƐůǇ ĂƉƉƌŽǀĞĚǁŝƚŚŝŶĐůƵƐŝŽŶŽĨĂŶǇƌĞƋƵĞƐƚĞĚĞĚŝƚƐ͘^ƵďŵŝƚĨĞĞĚďĂĐŬƚŽsŝĐĞŚĂŝƌŽŶǁĂǇďǇ:ĂŶƵĂƌǇϮϬƚŚ͘ ƋƵŝƚǇĂŶĚ/ŶĐůƵƐŝŽŶDĞŵŽĂŶĚhƉĚĂƚĞ͗ŽƉŝĞƐŽĨƚŚĞĚƌĂĨƚŵĞŵŽǁĞƌĞƉƌŽǀŝĚĞĚ͘ŚĂŝƌ^ŵŝƚŚ ƐƵŵŵĂƌŝǌĞĚĂĐƚŝŽŶƐƚŚĂƚůĞĂĚƚŽĐƌĞĂƚŝŶŐƚŚĞĚƌĂĨƚŵĞŵŽƚŽƐƵďŵŝƚƚŽŝƚǇŽƵŶĐŝů͘ŽŵŵŝƐƐŝŽŶĞƌ ƌĂŶĞ͛ƐŚĂŶĚͲŽƵƚŽĨĨĞĞĚďĂĐŬƌĞŐĂƌĚŝŶŐŵĞŵŽǁĂƐƌĞǀŝĞǁĞĚ͘ŽŵŵŝƐƐŝŽŶĞƌƐĚŝƐĐƵƐƐĞĚĐŽŵŵƵŶŝƚǇ ĞƋƵŝƚǇĂŶĚŝŶĐůƵƐŝŽŶ͘ŚĂŝƌ^ŵŝƚŚǁŝůůƌĞǀŝƐĞƚŚĞĚƌĂĨƚŵĞŵŽƚŽŝŶĐŽƌƉŽƌĂƚĞƚŚĞŵĞĞƚŝŶŐ͛ƐĚŝƐĐƵƐƐŝŽŶĂŶĚ ǁŝůůƐŚĂƌĞŝƚǁŝƚŚŽŵŵŝƐƐŝŽŶĞƌƐĨŽƌƌĞǀŝĞǁ͘dŚĞŵĞŵŽǁĂƐƵŶĂŶŝŵŽƵƐůǇĂƉƉƌŽǀĞĚƉĞŶĚŝŶŐƌĞǀŝƐŝŽŶƐ͘ KŶ&ĞďƌƵĂƌǇϴƚŚĨƌŽŵϰͲϲƉŵĂƚŝƚǇ,ĂůůƚŚĞƌĞǁŝůůďĞĂƉƌĞƐĞŶƚĂƚŝŽŶŽŶĐŽŵŵƵŶŝƚǇĞƋƵŝƚǇĂŶĚŝŶĐůƵƐŝŽŶ ĨŽƌƚŚĞŽƵŶĐŝů&ƵƚƵƌĞƐ^ƵďĐŽŵŵŝƚƚĞĞ͘ ŝƚŝǌĞŶ'ƵĞƐƚ͕<ŝŵďĞƌůǇŚĂŵďĞƌƐ͕ƐƵŐŐĞƐƚĞĚƚŚĞ͞tŽƌůĚĂĨĠ͟ĐŽŶĐĞƉƚĂƐĂŵĞƚŚŽĚƚŽŐĂŝŶŝŶĨŽƌŵĂƚŝŽŶ ĨƌŽŵƚŚĞĐŽŵŵƵŶŝƚǇ͘ ϮϬϭϲĚƵĐĂƚŝŽŶ&ŽƌƵŵƐ͗DĞĞƚŝŶŐƐĐŚĞĚƵůĞĚĨŽƌDŽŶĚĂǇ͕:ĂŶƵĂƌǇϮϱƚŚϳͲϴ͗ϯϬƉŵĂƚƚŚĞKůĚdŽǁŶ>ŝďƌĂƌǇ ŽŵŵƵŶŝƚǇZŽŽŵĨŽƌĂůůĐŽŵŵƵŶŝƚǇŽƌŐĂŶŝǌĂƚŝŽŶƐŝŶƚĞƌĞƐƚĞĚŝŶďĞŝŶŐƉĂƌƚŽĨƚŚĞĞĚƵĐĂƚŝŽŶƐĞƌŝĞƐ͘ WŽƚĞŶƚŝĂůƐƉĞĂŬĞƌƐǁŝůůďĞĐŽŶŶĞĐƚĞĚǁŝƚŚĨŽƌƵŵƚŽƉŝĐƐĂŶĚĂƚƚĞŶĚŝŶŐǇŽƵƚŚŵĂǇŽƌŐĂŶŝǌĞĨŽƌƵŵ ĂĐƚŝǀŝƚŝĞƐ͘ ŽůŽƌĂĚŽĂƌĞƐ,ĞĂůƚŚĂƌĞ/ŶŝƚŝĂƚŝǀĞ͗ŽŵŵŝƐƐŝŽŶĞƌsŝǀŽƐŚĂƌĞĚƚŚĂƚŵĞŶĚŵĞŶƚϲϵǁŝůůďĞŽŶƚŚĞĨĂůů ϮϬϭϲ^ƚĂƚĞĂůůŽƚĂŶĚŝƐĂƐŝŶŐůĞͲƉĂǇĞƌŚĞĂůƚŚƐǇƐƚĞŵ͘/ƚƉƌŽŵŝƐĞƐƚŽĐŽǀĞƌŵŽƌĞŽůŽƌĂĚŽĐŝƚŝǌĞŶƐƚŚĂŶ ƚŚĞĨĨŽƌĚĂďůĞĂƌĞĐƚ͘ ^ŚŽƌƚdĞƌŵZĞŶƚĂůƐ͗dĂďůĞĚƚŽ&ĞďƌƵĂƌǇŵĞĞƚŝŶŐ͘ KƚŚĞƌƉĞƌĐŽŵŵŝƐƐŝŽŶĞƌƐ͗ŽŵŵŝƐƐŝŽŶĞƌƐ>ĞƐŬĞĂŶĚ^ĂŐĂƐŵĂǇĂƚƚĞŶĚƚŚĞD><ĂǇWĂƌĂĚĞĂŶĚĐĂƌƌǇ ƚŚĞ,ZďĂŶŶĞƌ͘ ^dE/E'KDD/ddE>//^KEZWKZd^ ǆĞĐƵƚŝǀĞŽŵŵŝƚƚĞĞ;Ϳ͗hƉĚĂƚĞƐĂƌĞĞŵĂŝůĞĚ͘ 'ŽǀĞƌŶŵĞŶƚZĞůĂƚŝŽŶƐŽŵŵŝƚƚĞĞ;'ZͿ͗hƉĚĂƚĞƐĂƌĞĞŵĂŝůĞĚ͘ ĚƵĐĂƚŝŽŶĂůKƵƚƌĞĂĐŚŽŵŵŝƚƚĞĞ;KͿ͗WƌŽŐƌĂŵŵŝŶŐƵƉĚĂƚĞƐĞŵĂŝůĞĚďǇKŚĂŝƌ^ĂŐĂƐĂŶĚĂ ƉůĂŶŶŝŶŐŵĞĞƚŝŶŐŝƐƐĐŚĞĚƵůĞĚĨŽƌ:ĂŶƵĂƌǇϮϱƚŚϳͲϴ͗ϯϬƉŵ͕KůĚdŽǁŶ>ŝďƌĂƌǇŽŵŵƵŶŝƚǇZŽŽŵ͘ DĞĚŝĂΘŽŵŵƵŶŝƚǇZĞĐŽŐŶŝƚŝŽŶŽŵŵŝƚƚĞĞ;DΘZͿ͗ŽŵŵŝƐƐŝŽŶĞƌƌĂŶĞĞŵĂŝůĞĚĂůŝĂŝƐŽŶƌĞƉŽƌƚ͘ ŽŵŵŝƚƚĞĞƵƉĚĂƚĞƐĂƌĞĞŵĂŝůĞĚ͘ hWKD/E'ǀĞŶƚƐͬŶŶŽƵŶĐĞŵĞŶƚƐ ĞƉĂƌƚŵĞŶƚŽĨ^ŽĐŝĂů^ƵƐƚĂŝŶĂďŝůŝƚǇĂŶŶŽƵŶĐĞŵĞŶƚƐ͗&ŽƌƚŽůůŝŶƐ^ƚĂƚĞŽĨƚŚĞŝƚǇƉƌĞƐĞŶƚĂƚŝŽŶŝƐ DŽŶĚĂǇ͕&ĞďƌƵĂƌǇϮϵƚŚ͕ϲͲϳƉŵ͕^h>ŽƌǇ^ƚƵĚĞŶƚĞŶƚĞƌdŚĞĂƚĞƌ͘ >K^/E'ͬĂůůĨŽƌĚũŽƵƌŶŵĞŶƚ ŽŵŵŝƐƐŝŽŶĞƌƐƵŶĂŶŝŵŽƵƐůǇĂƉƉƌŽǀĞĚƚŽĂĚũŽƵƌŶĂƚϳ͗ϱϬƉ͘ŵ͘ EĞǆƚ,ZŵĞĞƚŝŶŐŝƐdŚƵƌƐĚĂǇ͕&ĞďƌƵĂƌǇϭϭ͕ϮϬϭϲ͕Ăƚϱ͗ϯϬƉ͘ŵ͘ĂƚƚŚĞ&ŽƌƚŽůůŝŶƐdƌĂĨĨŝĐKƉĞƌĂƚŝŽŶƐ ĞŶƚĞƌ͕ϲϮϲ>ŝŶĚĞŶ^ƚ͕&ŽƌƚŽůůŝŶƐ͕KϴϬϱϮϰ͘ Senior Advisory Board Regular Meeting Minutes Wednesday, December 9, 2015 Fort Collins Senior Center 1200 Raintree Drive Fort Collins, CO 80526 Mission: The Senior Advisory Board shall serve in an advisory capacity to the Fort Collins City Council on programs and policies that help aging citizens live full and interesting lives and continue to contribute, participate, and share in the life of the community. Board Members Present: Staff Present: Diane Smith Laura Shaver Gosha Croitor Gregory Wells Speaker(s): Patricia Housley Rita Knoll- Deputy City Clerk Sarah Schilz Wanda Winkelman- City Clerk Excused Absence: Unexcused Absence: Rich Feller Alan Beatty Suzanne King Joann Thomas Larry Bontempo I. Call to Order Meeting was called to order at 11:30 a.m. II. Administrative Items A. Attendance sheet was passed around for signatures. B. Approval of Minutes from December 9, 2015: Unanimously approved by present members. C. Correspondence D. Update on SAB Activities of the last month III. Public Participation Irisa Luft—Here representing seniors IV. Speakers: Wanda Winkelman & Rita Knoll City Clerk’s Office Election Code Amendments- Can a member of City Council choose to accept a reduced salary (or no salary at all)? Downside: someone can use it as a political tool to get votes. The question at hand is: Shall a Charter amendment be considered to permit members of City Council to accept a lower salary or no salary at all? Discussion ensued among members. The general consensus of the board is that as long as technicalities are worked out the board is in favor of the Charter amendment. ATTACHMENT 2 Given that the current pay scale is not raised to a livable wage and it doesn’t prevent an individual from running for office. V. Introduction of New Members Handouts were provided in folders regarding expectation of members, important information, and statistics regarding seniors. A. Update on New Meeting Time VI. Review of Senior Advisory Board Documents for 2016 A. Work Plan Motion to approve by Patricia Housley; seconded by Sarah Schilz; unanimously approved by all members. B. Action Plan Revisions were made. Motion to approve following revisions by Patricia Housley; seconded by Gosha Croitor; unanimously approved by all members. C. Annual Report Revisions were made. Motion to approve following revisions made by Patricia Housley; seconded by Gosh Croitor; unanimously approved by all members. VII. New Business A. Education Coming up February 11 th AARP designation of Larimer County as an “Age Friendly Community” through the Partnership on Age Friendly Communities presentation. Courthouse on Oak Street at 2:00 p.m. B. Outreach “Fort Collins: Choice City for Whom?” showing on Monday at 7:00 p.m. at Wolverine Farm Publishing on Willow. C. Advocacy VIII. Adjourn Meeting adjourned at 1:05 p.m. Signed, Suzanne King Secretary ____________________________________________________ Suzanne King, Secretary COMMISSION ON DISABILITY Fort Collins City Hall 12:15 p.m. Thursday January 14, 2016 Present: Marilee Boylan, Michael Marr, Terry Schlicting, Leslie Efird, Michael Marr, Michael Devereaux, Michelle Miller , Sherri Reichow Absent: Hettie Hueber, John Morris (with contact) City: Ethan Cozzens Guests: Wanda Winkelmann - City Clerk, Rita Knoll - Chief Deputy City Clerk Call to Order: 12:24 p.m. 1. Introductions 2. Approval of Minutes: December Minutes-Marr moved to approve, Boylan seconded. 3. Open Discussion: a. Boylan asked commission members to take the transportation survey and send the survey out to our contacts. b. Boylan informed the commission about a March 31 film festival at CSU. c. Schlicting told the commission members he has used the Old Town city ramps and feels the businesses have been receptive. 4. New Business: a. Wanda Winkelmann and Rita Knoll spoke about an election code change. They requested feedback on the change if a member of the City Council would choose to accept a reduced salary or no salary at all. Feedback was given from commission members. Marr asked about on-site polling places in Fort Collins. The City of Fort Collins uses mail in ballots and has ballot boxes around Fort Collins. Marr may work with Winkelmann and Knoll on finding a place for a ballot box at CSU. b. COD work plan for 2016 is tabled until next month. 5. Old Business: a. Regarding access to assistance for low-income electric customers - the commission is still waiting for more information and would like to know ATTACHMENT 3 how many people would be affected and who would be eligible to be grandfathered in. 6. Community News and Updates: a. Schlicting informed the commission that not enough is being done about snow removal from curb cut outs in Fort Collins. The COD brainstormed on how we could improve this ongoing matter. Marr moved to adjourn. Devereaux seconded. Meeting adjourned at 1:16 pm. Submitted by Leslie Efird Election Code Amendments 02-02-2016 Wanda Winkelmann, City Clerk ATTACHMENT 4 Purpose The purpose of this item is to: • Discuss recommendations of the ad hoc Council Committee tasked with reviewing proposed election code amendments 2 Background • Changes in state election rules and laws • Plan-Do-Check-Act • Ad hoc Council Committee 3 UOCAVA • HB 15-1130 applying Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) to municipalities • Would require ballots be mailed to UOCAVA voters 45 days prior to Election Day • HB 15-1130 restricts methods for UOCAVA voters to return ballots • Committee recommends continuing current practice 4 Election Code Amendments 5 1. Follow Municipal Election Code (MEC) & Uniform Election Code (UEC) when City Code & Charter are silent 2. Consolidate duties of City Clerk – inform UOCAVA voters 3. Appointment, compensation, oath for election workers 4. Recount procedures; using contributions to pay for recount 5. Protest of ballot language Election Code Amendments 6 6. Filing deadline of election reports 7. Amend publication requirements for campaign finance reports; amend Notice of Election 8. Prescribe order of items on the ballot 9. Clarify signature verification not required 10.Permit eligible elector to correct signature deficiencies 8 days after election (only if UOCAVA fully implemented) 11.Provide for early release of election results Additional Discussion Needed 1. Consider a Charter amendment regarding Council compensation 2. Clarify deadline for filing election complaints 7 Items Withdrawn 1. Campaign contribution limits 2. Time period for termination of campaign committee 8 Recommendation • Staff recommends adoption of Ordinance No. 021, 2016 9 -1- ORDINANCE NO. 021, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 7 OF THE CODE OF THE CITY OF FORT COLLINS TO UPDATE AND AMEND REQUIREMENTS AND PROCEDURES FOR CITY ELECTIONS WHEREAS, Chapter 7 of the City Code provides the procedures, requirements and responsibilities for the conduct of municipal elections, reporting and registration of candidate, issue and political committees, and campaign finance disclosure requirements; and WHEREAS, over the last several years, state election laws, rules, policies and procedures have been significantly amended; and WHEREAS, in response to the adoption of new state law provisions regarding uniformed and overseas voters, City staff has reviewed the current City practices related to these voters in order to determine whether meaningful benefit would be derived from significant timeframe and process enhancements to promote and facilitate voting by uniformed and overseas voters; and WHEREAS, in addition, procedural improvements and matters in need of clarification have been identified during the conduct of recent elections; and WHEREAS, the City Clerk has identified opportunities for increasing access and transparency and reducing cost and delay through the use of available technology and updated communications tools; and WHEREAS, in light of the foregoing, City staff developed a number of recommendations for possible amendments to Chapter 7 to update and improve the City’s election and campaign finance provisions accordingly; and WHEREAS, on October 20, 2015, the City Council adopted Resolution 2015-092, appointing Councilmembers Ross Cunniff, Bob Overbeck and Kristin Stephens to an ad hoc committee (the “Committee”) to review recent changes in relevant election laws, rules, policies and procedures and to make recommendations for possible City Code and City Charter changes for Council consideration; and WHEREAS, the Committee met in November, December and January, and completed its work on January 20, 2016; and WHEREAS, based on the matters discussed and considered by the Committee, the Committee unanimously recommended a number of City Code changes, which are set out in this Ordinance; and WHEREAS, the Committee further recommended that the Council consider proposing for voter approval when practicable an amendment to the Charter provision allowing the mayor and councilmembers to decline all or any portion of their compensation specified for them in the Charter; and -2- WHEREAS, the Council has reviewed and considered the recommendations of City staff and the Committee, and has determined that the amendments to Chapter 7 as set forth in this Ordinance will be for the benefit of the citizens of Fort Collins and will improve the clarity of the election requirements as well as the efficiency and transparency of the City’s election procedures. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Article I of Chapter 7 of the Code of the City of Fort Collins is hereby amended by the addition of a new Section 7-1 which reads in its entirety as follows: Sec. 7-1. Applicable law. All City elections shall be governed by and conducted in accordance with the applicable election requirements and procedures in the Colorado Constitution, the Charter, this Chapter 7, and in any ordinance adopted by City Council. (a) To the extent the Colorado Municipal Election Code of 1965, as amended, or the Colorado Uniform Election Code of 1992, as amended, impose other requirements or procedures applicable to municipal elections not addressed or covered by the Constitution, Charter, Code or Council ordinance, such state law requirements and procedures shall govern and apply in all City elections. (b) If there is a conflict between any such applicable provision in the Municipal Election Code of 1965 and one in the Uniform Election Code of 1992, the provision in the Municipal Election Code of 1965 shall control in all City elections unless the election is being conducted as a coordinated election with the Larimer County Clerk and Recorder, in which case, the provision in the Uniform Election Code of 1992 shall control in that City election. Section 3. That Article I of Chapter 7 of the Code of the City of Fort Collins is hereby amended by the addition of a new Section 7-20 which reads in its entirety as follows: Sec. 7-20. Duties of City Clerk. The City Clerk shall: (1) Provide forms and instructions to assist candidates and the public in complying with the reporting requirements of Article V; -3- (2) Keep a copy of any report or statement required to be filed by Article V for a period of one (1) year from the date of filing. In the case of candidates who were elected, those candidate's reports and filings shall be kept for one (1) year after the candidate leaves office; (3) Make reports and statements filed under Article V available on the City’s website no later than the next business day; (4) Report apparent violations of Article V to the City Manager. (5) Prescribe the form of materials to be used in the conduct of mail ballot elections consistent with the provisions contained in Article VIII; (6) Establish procedures for conducting mail ballot elections consistent with the provisions contained in Article VIII, including efforts to inform uniformed and overseas voters of the upcoming election; (7) Supervise the conduct of mail ballot elections; (8) Employ temporary election workers as needed; and (9) Take all necessary steps to protect the confidentiality of voted ballots and the integrity of the election. Section 4. That Section 7-41 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-41. Appointment. The City Clerk shall appoint judges workers for each precinct in accordance with the provisions of Article III, Division 2 of this Chapterto participate in the conduct of the election. Section 5. That Section 7-42 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-42. Compensation. Pursuant to the recommendation of the City Clerk, the judges of the eElection workers shall receive compensation for their services as a judge at any participating in the conduct of the election in an amount established by the City Clerk based on a review of comparable types of work.Council by resolution. The City Clerk shall select one (1) of the election judges in each precinct to deliver the election returns, registration book or list and other election papers and supplies to the City Clerk. The judges selected shall be paid an additional amount as set by the City Council for the performance of such service. -4- Section 6. That Article II, Division 3 of Chapter 7 of the Code of the City of Fort Collins is hereby amended by the addition of a new Section 7-43 which reads in its entirety as follows: Sec. 7-43. Oath of Office. Each election worker shall take and subscribe to an oath to support the Constitutions and laws of the United States and the State and the Charter and ordinances of the City. Section 7. That Article II of Chapter 7 of the Code of the City of Fort Collins is hereby amended by the addition of a new Division 4 which reads in its entirety as follows: Division 4 Recounts Sec. 7-45. Mandatory recount. The City Clerk shall conduct a recount of the votes cast for any office, and for any ballot issue or question if it appears, as evidenced by the survey of returns, that the difference between the highest number of votes cast for such office, ballot issue or question and the next highest number of votes cast in the same is less than or equal to one-half of one percent of the highest number of votes cast for said office, ballot issue or question. In the event of a mandatory recount, the following procedures shall be used: (1) The recount process shall be completed no later than the fifteenth (15) day following the certification of election results, and shall be paid for by the City. (2) The City Clerk shall give notice of the recount to all candidates and, in the case of a ballot issue or question, to any petition representatives identified pursuant to Article X, Section 5(e) of the Charter that are affected by the result of the election. Such notice shall be given by certified mail or by other means reasonably expected to notify the affected candidates or petition representatives. (3) Any affected candidate or his or her designee or petition representative shall be allowed to be present at and observe the recount. Sec. 7-46. Recount by request. Whenever a recount of the votes cast for any office, ballot issue or question is not required pursuant to Section 7-45, any candidate for office, any petition representative for a ballot issue or question, any committee’s registered agent, or any eligible elector, may submit to the City Clerk a written request for a recount at the expense of the party making the request. -5- (1) This request, together with that amount determined by the City Clerk to be the preliminary estimated cost of the recount, shall be filed with the City Clerk within five (5) days after the certification of election results. (2) Before conducting the recount, the City Clerk shall give notice of the recount in accordance with the provisions of Section 7-45(2). (3) The funds paid to the City Clerk for the recount shall be in one (1) certified check, accompanied by an affidavit disclosing the source or sources of the funds, and said funds shall be used for payment of all expenses incurred in the recount. (4) If, after the recount, the outcome of the vote on the recounted office, ballot issue or question is reversed or if the amended vote count is such that a recount otherwise would have been required pursuant to Section 7-45, the payment for expenses shall be refunded to the party who requested the recount. (5) Within sixty (60) days after the final certification of recounted election results, the City Clerk shall prepare and deliver to the party who requested said recount the final costs for the recount. Any additional amount due shall be paid by the party who requested the recount in one (1) certified check within thirty (30) days of receipt of the final costs. Any refund due shall be refunded within thirty (30) days after the determination of final costs. (6) Any recount of votes conducted pursuant to this Section shall be completed no later than the fifteenth (15) day after the certification of election results. Sec. 7-47. Recount procedures. In addition to the applicable procedures described above, the City Clerk shall be responsible for conducting the recount, shall determine the method and procedures for conducting the recount, and shall be assisted by the Board of Elections, as outlined in Article VIII, Section 5 of the Charter. If a member of the Board of Elections is not available to participate in the recount, another person shall be appointed by the City Clerk. (1) The City Clerk may appoint election workers to assist with the recount, whether or not such workers served as workers in the election. Persons assisting in the conduct of the recount shall be compensated as provided in Section 7-42 and shall take an oath of office as provided in Section 7-43. (2) After a recount conducted pursuant to this Division has been completed, an amended certificate of election shall be completed by the Board of Elections, and the results of such amended certificate shall become final. -6- Section 8. That Section 7-88 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-88. Protest procedure. Any registered elector desiring to protest the manner of redistricting proposed in any such redistricting ordinance may shall file a written protest in the office of with the City Clerk. Said notice of protest shall be filed no less than seven (7) days prior to the date upon which the proposed redistricting ordinance is to be heard by the City Council on first reading. Such The notice of protest shall be on a form available from the City Clerk, shall be signed by the protestor(s), and shall set forth (1) the name, address, and phone number of the protestor(s); (2) the title of the redistricting ordinance being protested; (3) set forth with particularity, the grounds of the protest; and (4) any other information required by the City Clerk. Such protest shall be heard, considered and resolved by the City Council no later than the date of second reading of the proposed redistricting ordinance. Section 9. That the definition of “Contribution” contained in Section 7-132 of the Code of the City of Fort Collins is hereby amended to read as follows: . . . Contribution shall not include: (1) services provided without compensation by individuals volunteering their time on behalf of a candidate, candidate committee, political committee or issue committee; (2) funds collected subsequent to the election to pay the cost of a requested recount pursuant to 7-46. Section 10. That Section 7-136(c) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-136. Disclosure; filing of reports. . . . (c) Reports shall be filed with the City Clerk on the twenty-first day, fourteenth day, and no later than noon on the Friday before the election, thirty (30) days after the election, and annually on the first day of the month in which the anniversary of the election occurs until such time as a termination report is filed. If the reporting day falls on a weekend or legal holiday, the report shall be filed by the close of the next business day. . . . Section 11. That Section 7-137 of the Code of the City of Fort Collins is hereby amended to read as follows: -7- Sec. 7-137. Reports to be public record. (a) Upon receipt of any campaign report submitted pursuant to this Article, the City Clerk shall make available such report for public inspection and post the report on the City’s website no later than the next business day. The campaign report filed with the City Clerk fourteen (14) days prior to the election pursuant to § 7-136 above shall be published by the City Clerk in a newspaper of general circulation in the City, which publication shall occur no less than seven (7) days prior to the election. The campaign report filed with the City Clerk thirty (30) days after the election pursuant to § 7- 136 above shall also be published by the City Clerk in a newspaper of general circulation in the City, which publication shall occur no more than seven (7) days after the City Clerk's receipt of the report. (b) No information contained in any campaign report submitted pursuant to this Article shall be sold or used by any person for the purpose of soliciting contributions or for any commercial purpose. Section 12. That Section 7-138 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-138. Unexpended campaign contributions. (a) Unexpended campaign contributions to a candidate committee may be: (1) Contributed to a political party; (2) Contributed to a candidate committee established by the same candidate for a subsequent campaign, subject to the limitations set forth in Paragraph 7- 135(e)(2), if the candidate committee making such a contribution is affirmatively closed by the candidate no later than ten (10) days after the date such a contribution is made; (3) Donated to a charitable organization recognized by the Internal Revenue Service; (4) Returned to the contributors.; (5) Used to pay for the cost of a recount requested by the candidate pursuant to §7-46. . . . (d) Unexpended contributions to an issue committee or political committee may be donated to any charitable organization recognized by the Internal Revenue Service, or returned to the contributor, or used to pay for the cost of a recount requested by the committee’s registered agent pursuant to §7-46. -8- Section 13. That Section 7-140 of the Code of the City of Fort Collins is hereby deleted in its entirety as follows and shall be reserved for future use: Sec. 7-140. - Duties of City Clerk. The City Clerk shall: (1) Prepare forms and instructions to assist candidates and the public in complying with the reporting requirements of this Article; (2) Develop a filing and indexing system consistent with the purposes of this Article; (3) Keep a copy of any report or statement required to be filed by this Article for a period of one (1) year from the date of filing. In the case of candidates who were elected, those candidate's reports and filings shall be kept for one (1) year after the candidate leaves office; (4) Make reports and statements filed under this Article available for public inspection and copying no later than the end of the next business day after the date of filing; (5) Upon request by the Secretary of State, transmit records and statements filed under this Article to the Secretary of State; (6) Notify any person who has failed to fully comply with the provisions of this Article; (7) Report apparent violations of this Article to the City Manager. Section 14. That Section 7-156 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-156. Protests of proposed ballot title and/or submission clause. Any registered elector desiring to protest a proposed ballot title and/or submission clause for any initiated or referred measure may shall file a notice of protest written protest in the office of with the City Clerk. Said notice of protest shall be filed no later than 12:00 p.m. on the Monday immediately preceding the date upon which the City Council will consider the ordinance or resolution setting the ballot title and submission clause. The Such notice of protest shall be on a form available from the City Clerk, shall be signed by the protestor(s), and shall set forth: (1) the name, address, and phone number of the protestor(s); (2) the title of the ordinance or resolution being protested; (3) set forth with particularity, the grounds of the protest; and (4) any other information required by the City Clerk. Such protest shall be heard, considered and resolved by the City Council prior to the adoption of said ordinance or resolution. -9- Section 15. That Section 7-183 of the Code of the City of Fort Collins is hereby deleted in its entirety as follows and held in reserve for future use: Sec. 7-183. - Duties of the City Clerk. The City Clerk shall: (1) Prescribe the form of materials to be used in the conduct of mail ballot elections consistent with the provisions contained in this Article; (2) Establish procedures for conducting mail ballot elections consistent with the provisions contained in this Article; (3) Supervise the conduct of mail ballot elections; (4) Employ temporary election workers as needed; and (5) Take all necessary steps to protect the confidentiality of the ballots cast and the integrity of the election. Section 16. That Section 7-184 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-184. Notice of election. (a) No later than twenty (20) days before an election conducted pursuant to this Article, the City Clerk shall provide notice by publication of a mail ballot election, which notice shall state, as applicable for the particular election for which the notice is provided, the following: (1) The date of the election; (2) The hours during which the polls will be open on election day; (3) The address of the walk-in location for the delivery of mail ballots and the receipt of replacement ballots, and the hours during which the walk-in location will be open; (4) The address of the location for the application for, and the return of, absentee ballots and the hours during which the office will be open. (5) Such other information that may be useful to voters regarding the conduct of the election or related to disclosures required in this Chapter. (b) The notice required to be given by this Section shall be in lieu of the notice requirements set forth in Section 31-10-501(1), C.R.S. -10- Section 17. That Section 7-185 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-185. Form of ballots; order of items on the ballot. . . . (e) Items on the ballot shall appear in the following order: 1. City-initiated measures under Article X, Section 20 of the State Constitution 2. Citizen-initiated measures under Article X, Section 20 of the State Constitution 3. City-initiated measures 4. Citizen-initiated or referred measures (f) Citizen-initiated measures and citizen-referred measures as listed in subparagraph (e) 2 and (e) 4 above shall appear by category in the order of receipt of final petition, whether it is the initial petition or an amended petition. Section 18. That Section 7-191 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-191. Receipt and qualification of ballots; signature verification not required. (a) All ballots, including undeliverable ballots, shall be marked to indicate the date the ballot was received by the City Clerk. (b) Upon receipt of a voted ballot, an election worker shall first qualify the submitted ballot based on a visual inspection of the self-affirmation signature on the return envelope compared to the name of the elector printed on the envelope by examining the return envelope to determine whether the ballot was submitted by an eligible said elector who has not previously voted in the election and whether the self-affirmation on the envelope is signed and completed by the eligible elector to whom the ballot was issued. Comparison of the signature on the return envelope to any signature image, including those signature images in the state-wide voter registration system, is not required. If the ballot so qualifies and is otherwise valid, the election judge shall indicate in the poll book that the eligible elector cast a ballot, and shall prepare the ballot for counting in accordance with § 7-193 below. Section 19. That Section 7-192 of the Code of the City of Fort Collins is hereby amended to read as follows: -11- Sec. 7-192. Rejected ballots. The City Clerk is authorized, but not required, to make a reasonable effort to allow an eligible elector whose ballot has been rejected to correct the deficiency causing rejection. No elector shall be allowed to correct a deficiency without first producing valid proof of identification. No elector shall be allowed to open, change, or alter his or her ballot while in the process of correcting the deficiency. Section 20. That Section 7-193 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-193. Counting mail ballots; release of preliminary election results. Counting of mail ballots may begin fourteen (14) days prior to the election and continue until counting is completed. The City Clerk shall take all precautions necessary to ensure the secrecy of counting procedures voted ballots, and no information concerning the same count shall be released by election workers until after 7:00 p.m. on election day except as authorized by the City Clerk. The City Clerk is authorized to release preliminary election results after 7:00 p.m. on Election Day provided they are clearly marked as unofficial. Official results shall be released upon final certification of the election. Introduced, considered favorably on first reading, and ordered published this 2nd day of February, A.D. 2016, and to be presented for final passage on the 16th day of February, A.D. 2016. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 16th day of February, A.D. 2016. __________________________________ Mayor ATTEST: _____________________________ City Clerk ATTACHMENT 1