HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/13/2016 - POSSIBLE CHARTER AND ELECTION CODE AMENDMENTSDATE:
STAFF:
December 13, 2016
Wanda Winkelmann, City Clerk
Rita Knoll, Chief Deputy City Clerk
Carrie Daggett, City Attorney
WORK SESSION ITEM
City Council
SUBJECT FOR DISCUSSION
Possible Charter and Election Code Amendments.
EXECUTIVE SUMMARY
The purpose of this item is to discuss the recommendations of the ad hoc Council Committee assigned to review
proposed amendments to the Charter and Election Code.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. What amendments, if any, would Council like staff to bring forward for formal consideration?
2. What additional considerations (listed below) would Council like to pursue?
BACKGROUND / DISCUSSION
Through Resolution 2015-092, City Council appointed three Councilmembers (Ross Cunniff, Bob Overbeck, and
Kristin Stephens) to 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. As a result of the committee’s work,
Ordinance No. 021, 2016 was adopted by Council in February 2016 that amended Chapter 7 related to election
workers, recount, protests, filing of reports, campaign contributions, notice of election, order of items on the ballot,
qualification of ballots, rejected ballots, and election results. Most recently, the committee met three additional
times (July 18, September 14, and November 10) to review certain amendments, and makes the following
recommendations (additional detail can be found in Attachment 1).
Charter Amendments
1. Amend the Canvass Date to ten days after Election Day to allow enough time for letters to be sent to voters
whose ballot was rejected due to problems with the signature (a process followed by Larimer County). This
would also require a change to the date of the Organizational Meeting.
2. Permit the cancellation of a Council meeting in the event of an emergency, natural disaster, etc.
Election Code
A. If the Canvass Date Charter Amendment passes (#1 above), amend Chapter 7 of City Code to require
signature verification beginning with the April 2019 election.
B. Add expenditure recordkeeping requirements for campaign committees and independent expenditures.
C. Amend Sections 7-71 and 7-87 of City Code to clarify when the City Clerk recommends amending the District-
Precinct map.
D. Clarify the process for addressing election complaints. Create a form for filing complaints.
E. Amend City Code to address small-scale issue committees.
December 13, 2016 Page 2
Additional Considerations
1. The Election Code Committee discussed the possibility of becoming a standing committee that would meet as
election issues arise (similar to the practice followed by the Ethics Review Board).
2. The Committee discussed citizen Mike Sportiello’s request for a change to the City’s redistricting process.
Mr. Sportiello expressed concern about being moved to a different District and not being able to elect his
District representative for six years. Staff provided information to the Committee about municipalities who
have at-large Councilmembers as one option to address this concern. Ultimately, if Council elects to consider
a review of the redistricting methods, the Committee recommends a robust public engagement process.
ATTACHMENTS
1. Matrix for December 13 Work Session (PDF)
2. Election Complaint Form (PDF)
3. Summary of Colorado Municipalities (PDF)
4. PowerPoint Presentation (PDF)
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Charter Amendments December 13, 2016
PROPOSED CHANGE 1:
Consider a Charter Amendment to Amend the Canvass
Date. The Canvass Date impacts the Organizational
Meeting.
EXPLANATION:
Per state statute, Larimer County sends a letter to voters
whose ballot was rejected due to problems with the
signature. If signature verification is implemented in the
April 2019 election, staff recommends a Charter
Amendment be placed on the April 2017 ballot that moves
the canvass date to 10 days after the election to permit time
for letters to be sent.
CURRENT CHARTER PROVISIONS:
Article VIII. Elections.
Section 7. Certification of election results.
On the third day after every city election and, after verifying the total number of legal votes cast for each candidate and
measure voted upon, the Board of Elections shall complete a certificate declaring the results of the election. The candidate
receiving the highest number of votes…
Article II. City Council.
Section 1. Membership; terms.
(a) Composition of Council. The Council shall consist of seven (7) members, including a Mayor and Mayor Pro Tem,
elected as provided in this Article.
(b) Method of election. The Mayor shall be nominated and elected from the city at large. The remaining six (6)
members shall be nominated and elected by Districts. The election of District Councilmembers shall alternate between the
election of representatives for Council Districts 1, 3 and 5 and the election of representatives for Council Districts 2, 4 and
6.
(c) Council district boundaries. The city shall be divided into six (6) contiguous, reasonably compact districts, each
of which shall consist of contiguous, undivided general election precincts and, to the extent reasonably possible, an equal
number of inhabitants. The districts shall be numbered consecutively in a clockwise fashion beginning with the northeast
district, which shall be District 1. The Council shall establish by ordinance the process for adjusting district boundaries
and giving notice of any proposed boundary changes, and the manner of protesting such proposed changes.
(d) Terms. Except as otherwise provided in Section 18 of this Article and Section 3(d) of Article IX, the term of
office of the Mayor shall be two (2) years, and the term of office of all other members of the Council shall be four (4)
years each; provided, however, that all such officers shall serve until their successors have been elected and have taken
office. The terms of the Mayor and other members of the Council shall begin when they take the oath of office, which
shall occur as the first order of business at the first regular or special Council meeting following their election or
appointment.
Section 4. Organization.
The Mayor shall preside at meetings of the Council and shall be recognized as head of the city government for all
ceremonial purposes and by the Governor of the state for purposes of military law. The Mayor shall execute and
authenticate legal instruments requiring the signature of the Mayor. The Mayor shall also perform such other duties as
may be provided by ordinance which are not inconsistent with the provisions of this Charter.
ATTACHMENT 1
2
At the first regular or special meeting after every biennial election, the Council shall elect a Mayor Pro Tem for a two (2)
year term from among the members of the Council to act as Mayor during the absence or disability of the Mayor. If a
vacancy occurs in the position of Mayor, the Mayor Pro Tem shall become Mayor as provided in Section 18(b) below.
SUGGESTED AMENDMENT:
Article VIII. Elections
Section 7. Certification of election results.
No later than the tenth On the third day after every city election and, after verifying the total number of legal votes cast for
each candidate and measure voted upon, the Board of Elections shall complete a certificate declaring the results of the
election. The candidate receiving the highest number of votes… In the event of a mandatory recount or recount by
request, the Board of Elections shall complete an amended certificate declaring the results of the election no later than the
fifth day after the completion of the recount.
Article II. City Council
Section 1. Membership; terms.
. . .
(d) Terms. Except as otherwise provided in Section 18 of this Article and Section 3(d) of Article IX, the term of
office of the Mayor shall be two (2) years, and the term of office of all other members of the Council shall be four (4)
years each; provided, however, that all such officers shall serve until their successors have been elected and have taken
office. The terms of the Mayor and other members of the Council shall begin when they take the oath of office, which
shall occur as the first order of business at the first regular or special Council meeting following their election or
appointment. the final certification of election results and after expiration of the recount period, or their appointment.
Section 4. Organization.
. . .
At the first regular or special meeting after every biennial final certification of a City election, the Council shall elect a
Mayor Pro Tem for a two (2) year term from among the members of the Council to act as Mayor during the absence or
disability of the Mayor. If a vacancy occurs in the position of Mayor, the Mayor Pro Tem shall become Mayor as provided in
Section 18(b) below.
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PROPOSED CHANGE 2:
Consider a Charter Amendment that would permit the
cancellation of a Council meeting in the event of an
emergency, natural disaster, etc.
EXPLANATION:
The February 2 City Council meeting was cancelled due to
inclement weather. In accordance with Charter Article II
Section 11, the City Clerk is authorized to adjourn a
meeting. On February 2, this meant travel to City Hall to
announce that the meeting was cancelled.
CURRENT CHARTER LANGUAGE:
Article II. City Council
Section 11. Meetings, quorum, executive session.
The Council shall hold regular meetings at such time and place as it may prescribe by ordinance and shall prescribe the
manner in which special meetings may be called. Notice of any special meeting shall be given to all Councilmembers no
less than one (1) day prior to such meeting. All meetings shall be open to the public. A majority of the members of
Council shall constitute a quorum sufficient to transact business. A smaller number can adjourn a meeting to a later date
and time, and in the absence of all members, the City Clerk may adjourn any meeting for not longer than one (1) week.
SUGGESTED AMENDMENT:
Section 11. Meetings, quorum, executive session.
The Council shall hold regular meetings at such time and place as it may prescribe by ordinance and shall prescribe the
manner in which special meetings may be called. Notice of any special meeting shall be given to all Councilmembers no
less than one (1) day prior to such meeting. All meetings shall be open to the public. A majority of the members of
Council shall constitute a quorum sufficient to transact business. A smaller number can adjourn a meeting to a later date
and time, and in the absence of all members, the City Clerk may adjourn any meeting for not longer than one (1) week.
In the event of an emergency, natural disaster, or unforeseen circumstances that render the holding of a meeting
undesirable or impracticable, the City Manager may, with agreement of the Mayor, cancel a City Council meeting and
shall make a reasonable attempt to notify the public of such cancellation before the scheduled time of the meeting.
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Election Code Amendments December 13, 2016
PROPOSED CHANGE A:
Conduct signature verification beginning with the 2019
municipal election.
(Note: this change is dependent upon the Charter
Amendment in Proposed Change 1)
EXPLANATION:
House Bill 16-1070 requires that after March 30, 2018,
access to the digitized signatures contained in the statewide
voter registration system must be made available to
municipal clerks.
CURRENT CODE PROVISION:
Sec. 7-190. Voting and return of ballots.
(a) Upon receipt of a ballot, the eligible elector shall mark the ballot, sign and complete the return envelope and comply
with the instructions provided with the ballot.
(b) The eligible elector may return the marked ballot to the City Clerk by United States mail or by depositing the ballot at
the office of the City Clerk or any place designated by the City Clerk. The ballot must be returned in the return envelope.
If an eligible elector returns the ballot by mail, the elector may provide the necessary postage or, if not so paid by the
elector, the cost of return postage shall be paid by the City. In order to be counted, the ballot must be received at the office
of the City Clerk or a designated depository prior to 7:00 p.m. on election day.
(c) Ballots received by the City Clerk after 7:00 p.m. on election day shall not be counted, but shall be preserved in
accordance with § 7-195 below.
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 to
determine whether the ballot was submitted by said elector. Comparison of the signature on the return envelope to any
signature image, including those signature images in the statewide 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.
(c) If an election worker is unable to qualify the ballot as set forth in Subsection (b) above, the ballot shall be rejected and
the reason for rejection shall be indicated in the poll book. Rejected ballots shall remain unopened and shall be securely
stored separate from qualified ballots unless such ballots are corrected as provided in § 7-192 below.
(d) If an election worker determines that an eligible elector to whom a replacement ballot has been issued has voted more
than once, the City Clerk shall not count any ballot cast by the elector.
SUGGESTED AMENDMENT:
Sec. 7-190. Voting and return of ballots.
. . .
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(c) Ballots received by the City Clerk after 7:00 p.m. on election day shall not be counted, except as provided in § 7-191
below, but shall be preserved in accordance with § 7-195 below.
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 in an election conducted prior to April 2019, 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 to determine whether the ballot was submitted by said elector. Comparison of
the signature on the return envelope to any signature image, including those signature images in the statewide 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.
(c) Beginning with the April 2019 municipal election, provided that the City Clerk has been given access to digitized
signatures in the statewide voter registration system for each elector, election workers shall compare the elector’s self-
affirmation signature on the return envelope with the elector’s digitized signature(s) in the statewide voter registration
system in accordance with the provisions of Section 31-10-910.3, C.R.S.
(cd) If an election worker is unable to qualify the ballot as set forth in Subsection (b) or (c) above, the ballot shall be
rejected and the reason for rejection shall be indicated in the poll book. Rejected ballots shall remain unopened and shall
be securely stored separate from qualified ballots unless such ballots are corrected as provided in § 7-192 below.
(de) If an election worker determines that an eligible elector to whom a replacement ballot has been issued has voted
more than once, the City Clerk shall not count any the first ballot cast received by the elector and shall reject all
subsequent ballots received from that elector.
Sec. 7-192. Rejected ballots.
(a) 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.
(b) Unsigned return envelopes. Beginning with the April 2019 municipal election, the City Clerk shall, within three (3)
days after receipt of a ballot returned in an unsigned return envelope, but in no event later than two (2) days after election
day, send to the eligible elector at the mailing address indicated in the registration records a letter explaining the
deficiency and instructing the eligible elector how to correct the deficiency. If the elector appears in the office of the City
Clerk no later than the close of business on the eighth day after the date of the election to sign the return envelope, and if
the ballot is otherwise valid, the ballot shall be counted.
(bc) 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.
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PROPOSED CHANGE B:
Add expenditure recordkeeping requirements for campaign
committees and independent expenditures
EXPLANATION:
Presently there is not a requirement in the Code for the
recordkeeping of receipts for expenditures by committees
or independent expenditures. This is a suggested
improvement as a result of an election complaint.
CURRENT CODE PROVISION:
Sec, 7-135. Campaign contributions.
(f) Recordkeeping. All contributions received by a candidate committee, issue committee or political committee shall be
deposited and maintained in a financial institution in a separate account whose title shall include the name of the
committee. All records pertaining to such accounts shall be maintained by the committee for ninety (90) days following
any election in which the committee received contributions unless a complaint has been filed under Subsection 7-143(a)
alleging a violation of the provisions of this Article, 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 at any hearing held pursuant
to this Article.
SUGGESTED AMENDMENT:
Sec. 7-135. Campaign contributions/expenditures.
(f) Recordkeeping.
(1) All contributions received by a candidate committee, small-scale issue committee, issue committee or
political committee shall be documented and deposited and maintained in a financial institution in a separate account
whose title shall include the name of the committee. All records pertaining to contributions and related such accounts
shall be maintained by the committee for ninety (90) days one (1) year following any election in which the committee
received contributions unless a complaint has been filed under Subsection 7-143(a) alleging a violation of the
provisions of this Article, 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 at any hearing held pursuant to in connection
with any investigation or other action to enforce the terms of this Article.
(2) All expenditures shall be documented and all records pertaining to said expenditures, including but not
limited to invoices, receipts, and instruments of payment, shall be maintained by the committee for one year following
any election in which the committee expended the funds unless a complaint has been filed under Subsection 7-143(a)
alleging a violation of the provisions of this Article, in which case they shall be maintained until final disposition of the
complaint and any consequent court proceedings. Documentation shall include the name and address of the vendor(s)
or payee(s) providing the property, materials, or services and the amount of the expenditure. Such records shall be
made available within three (3) business days upon request of the City and subject to inspection in connection with any
investigation or other action to enforce the terms of this Article.
Sec. 7-139. Independent expenditures.
Any person or political committee making independent expenditures totaling more than one hundred dollars ($100.)
shall deliver notice in writing of such independent expenditures to the City Clerk no later than three (3) business days
after the day that such funds are obligated. Said notice shall include the following information:
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(1) The name, address and telephone number of the person making the independent expenditures;
(2) The name of the candidate whom the independent expenditures are intended to support or oppose;
(3) The name and address of the vendor(s) providing the property, materials or services;
(4) A detailed description of the independent expenditures sufficient to allow for determination of compliance
with this section;
(5) The amount of the independent expenditures; and
(6) The date the funds were obligated. and
(7) Copies of receipts, invoices, or other documentation related to the independent expenditure.
For the purposes of this provision, funds shall be considered to have been obligated as soon as an agreement is reached
for the provision of the property, materials or services in question, regardless of when payment is to be made for such
property or services. All independent expenditures shall be documented and all records pertaining to independent
expenditures including but not limited to invoices, receipts, and instruments of payment shall be maintained for one (1)
year following any election in which the funds were expended unless a complaint has been filed under Subsection 7-
143(a) alleging a violation of the provisions of this Article, in which case they shall be maintained until final
disposition of the complaint and any consequent court proceedings. Such records shall be made available within three
(3) business days upon request of the City and subject to inspection in connection with any hearing held pursuant to this
Article.
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PROPOSED CHANGE C:
Amend Sections 7-71 and 7-87 to clarify when the City
Clerk recommends amending the District-Precinct map.
EXPLANATION:
The recent redistricting effort prompted staff to review the
process for recommending amendments.
CURRENT CODE PROVISION:
Sec. 7-71. Precinct map.
The boundaries of the election precincts as herein created in the City are hereby fixed and established as shown on the
map entitled "District-Precinct Map," which map is on file in the office of the City Clerk.
Sec. 7-87. Redistricting; notice.
(a) The City Council shall, by ordinance, amend the boundaries of the foregoing districts as necessary to comply with the
provisions of Article II, Section 1(c) of the Charter. The City Clerk shall cause to be published twice, in a local newspaper
of general circulation in the City, notice of the date, time and place of the City Council's consideration of any such
redistricting ordinance. The first such notice shall be published no less than fourteen (14) days prior to the date of first
hearing of the redistricting ordinance, and the second notice shall be published no less than ten (10) days prior to the date
of the first reading of the same.
(b) Not more than eighteen (18) months after the official decennial publication of the United States Census concerning
the population of the City of Fort Collins, the City Clerk shall recommend to the City Council any district boundary
changes necessary to ensure that, to the extent reasonably possible, there is no more than a ten-percent deviation between
the most populous and the least populous district.
(c) Not less than once every five (5) years after making the determination required under Subsection (b) above, the City
Clerk shall again review the district boundaries to determine whether the maximum deviation between the most populous
and the least populous district meets the standard described in Subsection (b) above. If the standard in Subsection (b)
above is not met, the City Clerk shall recommend to the City Council any district boundary changes necessary to ensure
that the districts conform to such standard.
(d) Any changes to district boundaries shall be established by ordinance no less than one hundred twenty (120) days
before a regular municipal election.
SUGGESTED AMENDMENT:
Sec. 7-71. Precinct map/amendment.
(a) The boundaries of the election precincts as herein created in the City are hereby fixed and established as shown on the
map entitled "District-Precinct Map," which map is on file in the office of the City Clerk.
(b) Upon notice by Larimer County that its precinct boundaries have been amended, the City Clerk shall review precinct
boundaries and recommend to City Council any precinct boundary changes to ensure they match Larimer County’s
precincts.
Sec. 7-87. Redistricting; notice.
. . .
(c) Not less than once every five (5) six (6) years after making the determination required under Subsection (b) above, the
City Clerk shall again review the district boundaries to determine whether the maximum deviation between the most
populous and the least populous district meets the standard described in Subsection (b) above. If the standard in
Subsection (b) above is not met, the City Clerk shall recommend to the City Council any district boundary changes
necessary to ensure that the districts conform to such standard.
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(d) The need to amend precinct boundaries pursuant to Section 7-71(b) shall automatically cause the City Clerk to review
current population deviations, regardless of how long it has been since the last review. If the deviation is found to exceed
ten (10) percent, the City Clerk shall recommend that the City Council make boundary adjustments, and present the
Council with possible redistricting options that to the maximum extent possible equalize the population in each district,
subject to the requirements for contiguity and compactness set forth in Article II, Section 1(c) of the Charter, with a
maximum permissible deviation of ten (10) percent between the most populous and least populous district.
(de) Any changes to district boundaries shall be established by ordinance no less than one hundred twenty (120) days one
hundred eighty (180) days before a regular municipal election.
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PROPOSED CHANGE D:
Clarify a process for election complaints and create a form
for the filing of election complaints.
EXPLANATION:
Presently, the code does not detail a process for
addressing election complaints.
CURRENT CODE PROVISION:
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;
(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.
SUGGESTED AMENDMENT:
Sec. 7-20. Duties of City Clerk.
The City Clerk shall:
. . .
(4) Report apparent complaints received regarding alleged violations of Article V to the City Manager.
ARTICLE V. CAMPAIGNS
DIVISION 2. Campaign Violations
Sec. 7-145. Allegation of campaign violation.
(a) Any candidate or registered elector of the City (“complainant”) who has reason to believe a violation of Chapter 7,
Article V, of this Code, has occurred by any candidate, candidate committee, or issue committee may file a written
complaint to the City Clerk, no later than sixty (60) days after the alleged violation has occurred.
(b) The complaint must contain:
1. The name of the alleged violator;
2. The Code provision allegedly violated;
3. A brief statement or description of the offense allegedly committed and the basis for the allegation;
4. Identification of any relevant documents or other evidence;
5. Identification of any witnesses or persons with relevant knowledge; and
6. The name and address of the complainant.
(c) The City Clerk will forward the complaint to the City Attorney, who will evaluate the complaint for probable
cause.
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Sec. 7-146. Evaluation of campaign complaint.
(a) If the City Attorney determines that no probable cause exists, that the complaint fails to allege an enforceable
violation, or that the requirements of Section 7-145 were not met by the complainant, the City Attorney shall so notify
the City Clerk, who will, in turn, notify the complainant in writing.
(b) If the City Attorney determines probable cause exists, the City Attorney may notify Fort Collins Police Services,
who, in consultation with the City Attorney, may file and serve a summons and complaint to the respondent. The City
Attorney retains prosecutorial discretion on whether to ultimately file criminal charges. If the City Attorney determines
filing a summons and complaint is inappropriate, he or she shall so notify the City Clerk, who will, in turn, notify the
complainant and respondent in writing.
Sec. 7-147. Action by complainant.
(a) After having received written notification from the City Clerk that the City Attorney determined filing a summons
and complaint is inappropriate, or after 180 days of filing the complaint, whichever is first, the complainant may bring
a civil action in District Court.
(b) The complainant has one (1) year from the date of the violation to bring such suit.
(c) The complainant may sue to compel compliance with this Article, provided however, that complainant must first
file a complaint with the City Clerk, pursuant to Section 7-145, and otherwise exhausts his or her administrative
remedies.
(d) Any person who knowingly violates this Article may be civilly liable in an amount up to two thousand dollars
($2,000.), or, if applicable, three (3) times the amount of the discrepancy, whichever is greater.
(e) Reasonable attorneys’ fees for the prevailing party may be awarded if the amount of civil liability alleged is greater
than seven thousand five hundred dollars ($7,500.).
(f) In determining the amount of civil liability, the court may take into account the seriousness of the violation and
culpability of the defendant.
Sec. 7-148. Conflicts of interest.
Notwithstanding the above, nothing in this Article shall be read to preclude the City Attorney from declaring a conflict
of interest, and taking appropriate action in accordance with this Code and general practices of the City, including, but
not limited to, hiring special counsel, if deemed necessary and advisable under the circumstances.
Sec. 7-149. Complaint not required for City action.
Notwithstanding the above, nothing in this Article shall be read to preclude the City from pursuing an action, civil or
criminal, against any person, candidate committee, or issue committee, for any violation of this Chapter, regardless of
whether a complaint had been filed pursuant to this Article.
Sec. 7-150. Administrative procedures.
The City Manager is charged with ultimate authority to pursue complaints under this Article and is hereby authorized to
adopt administrative regulations consistent with the provisions of this Article.
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PROPOSED CHANGE E:
Amend the Code to address small scale issue committees.
EXPLANATION:
This is being brought forward in response to legal
developments related to regulation of small-scale issue
committees
CURRENT CODE LANGUAGE: None
SUGGESTED AMENDMENT:
Sec. 7-132. Definitions.
…
Issue committee shall not include political committees, small-scale issue committees, or candidate committees as
otherwise defined in this Section.
…
Small-scale issue committee means an issue committee that has accepted or made contributions or expenditures in an
amount that does not exceed five thousand dollars ($5,000.) during an applicable election cycle for the major purpose of
supporting or opposing any ballot issue or ballot question.
The following are treated as single small-scale issue committees:
a. All small-scale issue committees that support or oppose a common ballot measure if the committees are
established, financed, or controlled by a single corporation or its subsidiaries;
b. All small-scale issue committees that support or oppose a common ballot measure if the committees are
established, financed, maintained, or controlled by a single labor organization or the affiliated local units it
directs; or
c. All small-scale issue committees that support or oppose a common ballot measure if the committees are
established, financed, maintained, or controlled by substantially the same person, group of persons, or other
organizations.
Sec. 7-136. Disclosure; filing of reports.
(a) All candidate committees, political committees and issue committees shall report to the City Clerk their
contributions and contributions in kind received, including the name and address of each person who has made
contributions or contributions in kind in the amount of twenty dollars ($20.) or more; expenditures made; and
obligations entered into by the committee.
(b) For purposes of complying with the requirements of this Section, an issue committee consisting of an organization
whose primary purpose is not to support or oppose ballot issues shall report only those contributions accepted,
expenditures made and obligations entered into for the purpose of supporting or opposing a ballot issue or ballot
question. Such issue committee shall not be required to report donations, membership dues or any other payments
received unless such amounts are used or to be used for the purpose of supporting or opposing a ballot issue or ballot
question.
(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.
(d) The reports required by this Section shall include the balance of funds at the beginning of the reporting period, the
total of contributions received, the total of expenditures made during the reporting period and the name and address of
the financial institution used by the committee or party.
(e) All reports shall be submitted on forms provided by the City Clerk and shall be complete in all respects. Reports
shall be current in all respects as of two (2) days prior to the date upon which each such report is to be filed.
(f) A report required to be filed by this Article is timely if the paper report is received by the City Clerk not later than
the close of business on the date due or if the report is filed electronically not later than midnight Mountain Standard
Time on the date due.
(g) Any report that is deemed by the City Clerk to be incomplete or inconsistent with the requirements of this Article
shall be accepted on a conditional basis, and the committee treasurer shall be notified in writing as to any deficiencies
13
found. Such notice may be delivered in person, by mail, by fax, or, if an electronic mail address is on file with the City
Clerk, by electronic mail. The committee treasurer shall have seven (7) business days from the date of delivery of such
notice to file an amended report that cures the deficiencies. Any such amended report shall supersede the original report
filed for the reporting period.
(h) Any candidate committee, political committee or issue committee which has not accepted any contributions or
contributions in kind, made any expenditures, or entered into any obligations during a reporting period, shall file a
report with the City Clerk on the days specified in Subparagraph (c) above certifying that the committee has not
accepted any contributions or contributions in kind, made any expenditures or entered into any obligations during the
relevant reporting period.
(i) Notwithstanding any other provision of law, the disclosure requirements specified in this Chapter shall not apply to a
small-scale issue committee. Any small-scale issue committee shall disclose or file reports about the contributions or
expenditures it has made or received or otherwise register as an issue committee in connection with accepting or making
such contributions or expenditures in accordance with the following alternative requirements:
(1) Any small-scale issue committee that accepts or makes contributions or expenditures in an aggregate
amount during any applicable election cycle that does not exceed two hundred dollars ($200.) is not required to
disclose or file reports about the contributions or expenditures it has made or received or otherwise register as an
issue committee in connection with accepting or making such contributions or expenditures.
(2) Any small-scale issue committee that accepts or makes contributions or expenditures in an aggregate
amount during any applicable election cycle of between two hundred dollars ($200.) and five thousand dollars
($5,000.) shall register with the appropriate officer within ten (10) business days of the date on which the
aggregate amount of contributions or expenditures exceeds two hundred dollars ($200.). The registration required
by this subparagraph must include a statement listing:
a. The committee’s full name, spelling out any acronyms used in the name;
b. The name of a natural person authorized to act as a registered agent of the committee;
c. A street address for the principal place of business of the committee;
d. The purpose or nature of interest of the committee; and
e. The name of the financial institution in which, in a separate account bearing the name of the
committee, all contributions received by the committee are deposited.
(j) Except as required by Section 7-135(f)(2), no small-scale issue committee described in subsection (i)(2) is required to
make any disclosure about any contributions or expenditures it has made or received.
(k) At such time as any issue committee that began as a small-scale issue committee accepts or makes contributions or
expenditures in an aggregate amount during any applicable election cycle that exceeds five thousand dollars ($5,000.), the
committee shall report to the appropriate officer, for each particular contribution or expenditure accepted or made, the
name and address of each person who has made such contribution and the amount of each specific contribution and
expenditure accepted or made by the committee.
(l) At such time as any issue committee that began as a small-scale issue committee accepts or makes contributions or
expenditures in an aggregate amount during any applicable election cycle that exceeds five thousand dollars ($5,000), the
committee shall make disclosure of any contributions or expenditures it accepts or makes on or after the date on which
such aggregate amount exceeds five thousand dollars ($5,000.) in compliance with all applicable requirements under this
Article pertaining to the disclosure by an issue committee of its contributions or expenditures accepted or made.
(m) Within seven (7) days of a small-scale issue committee becoming subject to the applicable requirements governing an
issue committee under this Article, the committee through its registered agent, shall report this change in the committee’s
status to the City Clerk.
For City Clerk’s Use Only: Date Filed: Initials:
For City Clerk’s Use Only
Date Complaint Forwarded to City Manager and City Attorney: Initials:
Return this completed form to:
City Clerk’s Office, 300 LaPorte Avenue, Fort Collins, CO 80521, or email to cityclerk@fcgov.com
NOTICE OF ELECTION COMPLAINT
Complainant Information: Name, address, telephone number(s), and email address of the complainant (who must be a
registered elector). If more than one complainant, please provide the name, address, telephone number(s), email address, and
signature of each complainant on the back of this form or on additional sheets.
Name:
Complainant’s
Signature:
Street
Address: Zip Code:
Phone #:
Email:
An election complaint, in accordance with Section 7-145, must be filed with the
City Clerk no later sixty (60) days after the alleged violation has occurred.
GROUNDS FOR ELECTION COMPLAINT
Name of alleged violator(s):
Date(s) of alleged violation:
Code provision allegedly violated:
Detailed description of the offense allegedly committed:
Identification of any relevant documents or other evidence. Please attach copies of documents if available.
Identification of any witnesses or persons with relevant knowledge. Please provide contact information for each
witness or person identified, such as phone number, physical address, email address, etc. if available.
**A form must be completed for each Election Complaint**
ATTACHMENT 2
Summary of Colorado Municipalities – Councilmembers, Terms, Redistricting
Municipality # Council Terms Redistricting
Centennial 9 Members
4 Districts
2 from each District
1 Mayor
4 year terms, staggered. In 2010 and then beginning with the
Regular City Election held in 2013, the
Election Commission shall review district
boundaries within the City at least every
four (4) years during the six (6) months
immediately following a Regular City
Election.
Aurora 11 Members
6 Wards
4 at large
1 Mayor
4 year terms, staggered. Review ward boundaries prior to
elections in years ending in 3 and 9
Greeley 7 Members
4 Districts
2 at large
1 Mayor
The Mayor, two (2)
Council Ward seats and
one (1) Council at-large
seat shall be elected at
every general municipal
election.
The City Council shall not more often
than once in four (4) years, by ordinance,
readjust the ward boundaries, so as to
comprise compact and contiguous
territory, and so as to contain, as nearly
as possible, an equal number of
inhabitants.
Englewood 7 Members
4 Districts
3 at large
Mayor chosen from
Council
4 year terms, staggered. Districts reviewed every 4 years.
15% variance
Thornton 9 Members
4 Wards
2 from each Ward
1 Mayor
4 year terms, staggered. The Council shall change the boundaries
of such wards to reflect population shifts
at least once every ten (10) years.
Colorado
Springs
10 Members
6 Districts
1 from each District
Mayor
3 Council at large
4 year terms, staggered At least one hundred twenty (120) and
not more than one hundred fifty (150)
days before any City election at which
1
Charter and Code Amendments
Wanda Winkelmann, City Clerk; Rita Knoll, Chief Deputy City Clerk,
Carrie Daggett, City Attorney
December 13, 2016
ATTACHMENT 4
General Direction Sought
1. What amendments, if any, would Council like staff to bring forward for
formal consideration?
2. What additional considerations would Council like to pursue?
A. Election Code Committee
B. Redistricting
2
Background
• Resolution 2015-092 created an ad hoc committee
• Councilmembers Ross Cunniff, Bob Overbeck, and Kristin
Stephens
• Ordinance No. 021, 2016 was adopted that amended Chapter 7 related to
elections
• The Committee met three additional times (July 18, September 14, and
November 10) and recommend changes to the Charter and Code
3
Proposed Charter Amendment
4
Issue Recommended Action
Amend the Canvass Date
Amend language regarding
the Organizational Meeting
1. Charter Amendment that moves the
canvass date to 10 days after the election.
2. Organizational meeting would be held after
the final certification and expiration of the
recount period
Proposed Charter Amendment
5
Issue Recommended Action
Cancellation of a Council
Meeting
1. Charter Amendment that would permit the
City Manager, in consultation with the
Mayor, to cancel a Council meeting in the
event of an emergency, natural disaster,
etc.
Proposed Code Amendment
6
Issue Recommended Action
HB 16-1070 requires that
access be granted to
municipal clerks to the
digitized signatures
contained in the voter
registration system
Amend the Code to require signature
verification beginning with the 2019 municipal
election.
Proposed Code Amendment
7
Issue Recommended Action
Presently the Code
requires that receipts for
expenditures by
committees or
independent expenditures
be kept for 90 days
A Code Amendment to require the retention
of all records pertaining to contributions and
expenditures for one year
Proposed Code Amendment
8
Issue Recommended Action
Clarify when the City Clerk
recommends amending the
District-Precinct Map
1. Upon notice by Larimer County that its
precinct boundaries have been
amended, the City Clerk shall
automatically review current population
deviations
2. Not less than every six years
Proposed Code Amendment
9
Issue Recommended Action
Election Complaints 1. Add a process to the municipal code
2. Create a form to file an election
complaint
3. Add a private right to enforce campaign
finance violations in court (if City does
not prosecute)
Proposed Code Amendment
10
Issue Recommended Action
Reduce requirements for
small-scale issue
committees
Amend the code to define and reduce
requirements for small scale issue
committees
Summary
1. Amending the Canvass Date, Organizational Meeting
2. Cancellation of a Council Meeting
3. Signature Verification
4. Recordkeeping of Receipts for Expenditures
5. Amending the District-Precinct Map
6. Election Complaints
7. Small Scale Issue Committees
11
Proposed Charter Amendment
12
General Direction Sought
1. What amendments, if any, would Council like staff to bring forward for
formal consideration?
2. What additional considerations would Council like to pursue?
A. Election Code Committee: ad hoc => standing committee
B. Redistricting/Council Terms: citizen concern
13
district members of Council are to be
elected, the City Clerk shall divide the
City into six election districts
Presented to: Election Code Committee, November 10, 2016 Meeting
ATTACHMENT 3