HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/20/2018 - FIRST READING OF ORDINANCE NO. 045, 2018, AMENDINGAgenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY March 20, 2018
City Council
STAFF
Delynn Coldiron, City Clerk
Carrie M. Daggett, Legal
SUBJECT
First Reading of Ordinance No. 045, 2018, Amending Chapter 7 of the City Code to Amend Requirements and
Procedures for Elections.
EXECUTIVE SUMMARY
The purpose of this item is to clarify and improve various provisions in the City Code relating to municipal
elections. Recommended changes include naming the City Clerk as the Designated Election Official, defining
the terms “public announcement" and “registered agent”, and amending the time for candidates to file a
financial disclosure statement when accepting nomination for office. Amendments are proposed for the
registration and termination of committees and to allow for implementation of signature verification for the 2019
election.
STAFF RECOMMENDATION
Staff and the Council Election Code Committee recommend adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In 2015, Council formed an ad hoc committee to review, discuss and recommend changes to the City Code
and Charter regarding elections and other related matters. In 2017, Council made the ad hoc committee a
standing committee of the Council for the purpose of identifying and evaluating ideas for improvements to City
election laws and practices and anticipating adjustments that may be needed to adapt to a rapidly changing
legal and technological environment. Councilmembers Cunniff, Overbeck, and Stephens have continuously
served in this capacity since 2015.
Since the original formation of the ad hoc Committee, Council has considered and adopted two Ordinances
amending various provisions of Chapter 7. This Ordinance represents a continuation of the work to make
improvements. Most of the amendments contained in this Ordinance are considered to be noncontroversial,
and enacting them at this time will be advantageous as preparations begin later this year for the 2019 City
Election. Other items are under consideration by the Committee, and recommendations on those items will
be brought forward at a later date.
A summary of the proposed amendments, in the order they appear in the ordinance follows:
City Clerk as Designated Election Official
Any time the City calls a special election to be coordinated with Larimer County, the governing body is
required by State statute to appoint a Designated Election Official (DEO) for the City. The intergovernmental
agreement with the County for the conduct of the election, then delineates the responsibilities of the DEO.
Codification of this designation (as a duty of the City Clerk), and the ability for the Clerk to designate another
Agenda Item 12
Item # 12 Page 2
employee within the department to serve in that capacity, will eliminate the need for the Council to make the
designation on a case-by-case basis.
Definition of “Public Announcement”
Chapter 7 of the City Code defines “candidate” to mean “any person who seeks nomination or 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. Candidate shall also mean any elected official who is the subject of recall proceedings
pursuant to Article IX of the Charter.” [emphasis added]
Another provision in Chapter 7 requires, when an individual becomes a candidate, that the individual file an
affidavit (commonly called a “Candidate Affidavit”) with the City Clerk within 10 days. Failure to do so may
result in the disqualification of the individual as a candidate.
Because of the explosion of methods to make an announcement (think social media, among other things), it
seems timely to offer clarification of what constitutes a public announcement.
Definition of “Registered Agent”
Provisions in Chapter 7 relating the registration of committees require that the registration include a person
authorized to act as a registered agent for the committee. A definition of “registered agent” is suggested to
make clear the responsibilities of that person.
Financial Disclosure Statement Filing Requirement
The City Code currently requires a candidate to file a financial disclosure statement within 10 days of
accepting nomination for office. In 2017, a candidate nearly missed that filing deadline.
Since a candidate generally knows well in advance of filing a nomination and acceptance of nomination that a
financial disclosure statement will be needed, staff and the Election Code Committee (ECC) recommend
simplifying the number of filing dates to remember and requiring that the financial disclosure statement be due
at the same time as filing acceptance of nomination.
Registration and Termination of Committees
The first set of proposed amendments to Section 7-134 of the City Code expands the information required
when completing a committee registration form. The proposed changes improve transparency and provide
additional information that would be helpful in the event that a complaint against a committee bears
investigation. These amendments have also been applied to small-scale issue committees.
Currently, candidate committees, issue committees, and political committees can register whenever they want,
and without designating the date of election for which they intend to be active. Committees can also remain
open indefinitely, but are required to file campaign finance reports at certain times. This is generally not a
problem with candidate committees, except when a committee fails to file post-election reports (typically for an
unsuccessful candidate). The greater problem lies with issue committee and political committees that register,
but then never file anything after that. This often occurs when an issue committee forms in anticipation of a
citizen-initiative that never proceeds to the ballot, or a political committee formed for a very broad purpose that
does not appear to be actively doing anything. The latter two issues have been the subject of multiple election
complaints filed within the past year.
The second set of proposed amendments to this section will:
• Provides a more defined process for terminating a committee that has not engaged in any election
activities or reported any contributions accepted or expenditures made;
Agenda Item 12
Item # 12 Page 3
• Provides for the termination and disposition of any remaining funds on hand no later than 60 days after
the election.
Filing of Reports and Electronic Filings
Section 7-136(c) is amended to make the report filing dates more readable, and to add additional reports on
the 35th day prior to the election, and 60 days after the election (to coincide with the requirement to terminate
a committee). The report due 35 days prior to the election is intended to provide additional transparency
earlier in the election cycle. These reports will apply to all types of committees, including candidate
committees.
An additional proposed amendment is intended to clarify that the campaign finance report, due at noon on the
Friday before the election, must be filed at that time regardless of the method of filing.
A new subparagraph has been added to Section 7-136 that automatically terminates any political committee or
issue committee formed prior to July 1, 2017 and requires those committees to abide by the limitations on the
disbursement of funds set forth in Section 7-138 of the Code.
Signature Verification
The last two sections of the Ordinance provide amendments intended to implement full signature verification.
At the November 2017 election, voters approved an amendment to the canvass date and final certification of
the election. That amendment, which pushed out the certification date to no later than the 10th day after the
election, was needed to provide voters with deficient or discrepant signatures up to 8 days to resolve a
deficiency or discrepancy.
CITY FINANCIAL IMPACTS
Generally, there are no financial impacts related to these amendments. However, amendments relating to the
termination of campaign committees may result in a reduction in staff time managing and investigating
complaints.
BOARD / COMMISSION RECOMMENDATION
These changes were not reviewed with any standing boards and commissions. The Council's Election Code
Committee reviewed these proposed amendments and recommends adoption.
PUBLIC OUTREACH
Meetings of the Election Code Committee, where these amendments were discussed, are open to the public.
ATTACHMENTS
1. Election Code Committee minutes, October 5, 2017 (PDF)
2. Election Code Committee minutes, July 20, 2017 (PDF)
3. Powerpoint presentation (PDF)
ATTACHMENT 1
Excerpt from the October 5, 2017 Election Code Committee minutes:
a. Designate the City Clerk to serve as the Designated Election Official
Rita Knoll, Chief Deputy City Clerk, stated there is a state statute that calls for the governing body
to designate the City’s designated election official. This has typically been done through an
intergovernmental agreement with the County, but this designation in the City Code seems a better
option. The Committee agreed to move forward with the suggested language.
b. Terminating inactive Issue and Political Committees
Knoll stated staff has provided some suggested language to address the issue. Once the language
is determined, forms will be amended accordingly.
Daggett stated political committees sometimes form in anticipation of an issue coming forward. If
that does not occur, it is not surprising that a committee dissolves. This combination of changes is
intended to keep the election committee’s life tied to the particular election around which the
committee is formed.
Knoll noted the language does not currently include political committees because they sometimes
register with much broader purposes than for an issue on a ballot. However, that is an issue for
this Committee to address.
Councilmember Overbeck asked if a committee could reregister. Knoll replied it is possible to
require reregistration of committees.
Daggett stated the logic of staff’s proposal is that, by compressing the time frame, it makes it less
likely that someone will move or become unreachable.
Councilmember Cunniff supported adding political committees to this proposal and stated
termination reports should be required of all committees.
Knoll stated the compressed cycle will necessitate additional up-front education related to the filing
requirements.
Councilmember Overbeck supported the change as offering clarity and transparency.
Knoll stated this will be added to the list of items to bring forward.
Excerpt from the July 20, 2017 Election Code Committee minutes:
a. Terminating Inactive Issue and Political Committees
Knoll stated complaints have been filed regarding committees that were never active or terminated and
did not meet filing requirements. Allowing committees for one election cycle only would eliminate
ambiguity and ensure information is current and asked if members would be supportive of drafting such
language.
Councilmembers Stephens, Cunniff and Overbeck expressed support for drafting such language.
Knoll suggested committees auto-terminate if an annual report is not filed.
b. Timing of Filing Financial Disclosure Statements
Knoll noted currently, a financial disclosure statement is required to be filed within 10 days after accepting
a nomination; however Code language requires mail notification if that does not occur which provides a
problem for ballot printing. The suggestion is to make the financial disclosure statement due when the
nomination petition and acceptance of nomination are submitted.
Knoll noted candidates will be educated pre-emptively.
Councilmembers supported making the change and stated it would be less confusing.
c. Signature Verification
Knoll stated this item is on hold and the Clerk’s Office will be receiving a demo on the new Larimer
County equipment.
d. Candidate Political Signs
Knoll stated Councilmember Cunniff has asked if posting a sign is the same as announcing candidacy.
She stated she would like to better define a public announcement.
Members discussed signs being left after an election.
City Attorney Daggett stated the circumstances that constitute a “public announcement” should be
defined in addition to having the expectation that if someone is taking affirmative steps to communicate
with the public, no matter the medium, that too would be a public announcement.
Knoll asked if signs can be required to be removed by a certain date. City Attorney Daggett replied they
cannot be required to be removed; however, the question relates to future candidacy.
Councilmember Cunniff asked about bus benches. City Attorney Daggett replied the City’s bus ad
program is based on the characterization of those ads being used as City speech for a particular purpose.
City Attorney Daggett discussed the possibility of a series of steps automatically triggering an
announcement, such as making requests for or receiving donations or in-kind contributions.
Councilmember Cunniff and Knoll supported adding that language. Knoll stated that may mean a
candidate needs to register prior to accepting a contribution, or perhaps within 10 days.
Councilmember Stephens stated it is not hard to register prior to asking for donations.
Councilmember Cunniff supported adding language related to soliciting or accepting contributions.
ATTACHMENT 2
Knoll stated currently there are 10 days to file following the public announcement and the filing should
occur prior to accepting contributions or making expenditures.
Councilmember Overbeck suggested adding language related to social media announcements.
Members discussed the number of individuals present at a meeting which would constitute a public
announcement and discussed the requirement for paperwork to be filed as soon as any type of
contribution is received (within one business day).
Members discussed taxes, employee payments and bank account requirements.
March 20, 2018
Election Code Amendments
Delynn Coldiron, City Clerk; Rita Knoll, Chief Deputy City Clerk
Carrie Daggett, City Attorney
ATTACHMENT 3
Background
• Resolution 2015-092 created an ad hoc Election Code Committee,
which became a standing subcommittee of the Council in January
2017.
• Councilmembers Stephens, Cunniff and Overbeck
• Ordinance No. 005, 2017 was most
recent amendment to Chapter 7
related to elections.
• More recommended changes for Council to consider.
2
Credit: fortcollinschamber.com
Proposed Code Amendment
3
Issue Recommended Action
Designated Election
Official for coordinated
elections:
• State Statute
requires Council
action to designate.
Amend the Code to designate the City Clerk
or a qualified employee of the City Clerk to
act as the City’s Designated Election Official
in coordinated elections.
Proposed Code Amendment
4
Issue Recommended Action
Clarification needed
around the action(s) that
constitutes a public
announcement for
candidacy.
Add definition for public announcement to
Code.
1. Registration of a candidate committee; or
2. Statement made by the candidate
Speech
Advertisement
Other communication
• Public Media (including social
media)
Credit: Calcative.com and parentalguidance2012.blogspot.com
Proposed Code Amendment
5
Issue Recommended Action
Clarification needed
around the responsibilities
of a registered agent.
Add definition of Registered Agent to Code.
1. Natural person.
2. Responsible for:
Receiving mailings
Responding to inquiries
Receiving complaints
Timely filing
• Campaign Finance reports
Credit: www.techrepublic.com • Other reports
Proposed Code Amendment
6
Issue Recommended Action
Multiple filing dates for
candidates to remember.
Financial Disclosure
Statement is currently due
within 10 days of accepting
nomination for office.
Change Code by requiring the Financial
Disclosure Statement to be due at the same
time as filing the acceptance of nomination.
Proposed Code Amendment
7
Issue Recommended Action
Request for added
transparency and contact
information for registered
committees.
Amend Code to require additional information:
Name of registered agent
Current address and email of business
Current address, phone number and
email for registered agent
Date of election for which the committee
intends to be active
Name and address of financial
Credit: www.urbanfab.com institution; separate account required
Proposed Code Amendment
8
Issue Recommended Action
Request for more definitive
termination process for
committees.
Amend Code to better define termination
requirements:
Not engaged in any election activities;
no contributions/expenditures
• Amended committee registration
Disposition of funds and termination
report - no later than 60 days after
election
• Candidate committees not included
Credit: www.coloradoan.com
Proposed Code Amendment
9
Issue Recommended Action
Request for added
transparency related to
financial contributions and
clarification around report
deadlines.
Amend Code:
Filing dates more readable
Two additional reports
• 35 days prior to election
• 60 days after election
Campaign Finance Report on Friday
before election due at noon regardless
of filing method
Proposed Code Amendment
10
Issue Recommended Action
There are registered
committees from earlier
elections that have not
acted to terminate and are
not filing required reports.
Amend Code to automatically terminate any
political or issue committee formed for an
election held prior to July 1, 2017.
Requires committee to cease activities.
Continues § 7-138 limitations on
disbursement of funds.
Credit: www.allanmanning.com
Proposed Code Amendment
11
Issue Recommended Action
City Code currently does
not provide a process for
signature verification.
Amend Code to require verification of signatures
in the manner provided under State Statute.
Starts with the April, 2019 election
Requires election workers to compare
and verify elector signatures
Requires the City Clerk to follow
procedures for deficient and discrepant
Credit: www.parascript.com signatures in § 31-10-910.3, C.R.S.
THANK YOU
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ORDINANCE NO. 045, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 7 OF THE CODE OF THE CITY OF FORT COLLINS
TO AMEND REQUIREMENTS AND PROCEDURES FOR CITY ELECTIONS
WHEREAS, Chapter 7 of the City Code sets out procedures and requirements for
redistricting of Council districts, for the conduct City elections, for disclosure of campaign finance
information, and other related matters; and
WHEREAS, in 2015 the City Council formed an ad hoc committee, including
Councilmembers Cunniff, Overbeck and Stephens, to review, discuss and recommend the most
beneficial changes to the Code and City Charter regarding elections and other related matters; and
WHEREAS, in January 2017, Council made the ad hoc Committee a standing committee
of the Council for the purpose of identifying and evaluating ideas for improvements to City
election laws and practices and anticipating adjustments that may be needed to adapt to a changing
legal and technological environment, for Council consideration; and
WHEREAS, as a result of the Committee’s work (as both an ad hoc committee and a
standing committee), Ordinance No. 021, 2016, and Ordinance No. 005, 2017 were considered
and adopted by the Council to update various provisions of Chapter 7; and
WHEREAS, the Committee continued to meet in 2017 and has recommended additional
clarifications and amendments to Chapter 7; and
WHEREAS, staff has also identified potentially confusing Code language regarding the
deadlines for submission of filings, and has proposed a clarification to Code Section 7-136, as
noted in Section 6 of this Ordinance; and
WHEREAS, the Committee has recommended that the Council amend the registration
provisions for candidate committees, issues committees and political committees, and the
termination provisions for issues committees and political committees, to improve the
effectiveness of related administration and enforcement; and
WHEREAS, the Committee has recommended that an additional, earlier, reporting date be
added to the campaign finance disclosure requirements for all committees; and
WHEREAS, in light of these new provisions, staff and the Committee have recommended
that obsolete committees formed prior to April 2017 be deemed terminated as set forth below; and
WHEREAS, staff and the Committee have also recommended updates to provide for
signature verification in follow up to a recent Charter amendment; and
WHEREAS, these amendments generally improve and clarify the City’s campaign finance
disclosure and election requirements and processes; and
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WHEREAS, these amendments generally improve and clarify the City’s campaign
finance disclosure and election requirements and processes; and
WHEREAS, the Council desires to enact the recommendations of the Committee and
staff in order to clarify and improve the various provisions of Chapter 7, as set forth below.
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 Section 7-20 of the Code of the City of Fort Collins is hereby
amended to add a new subsection (10), to read 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;
(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 complaints received regarding alleged 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.; and
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(10) Serve as, or designate a qualified employee of the City Clerk to serve as, the
City’s Designated Election Official, as defined in Section 1-1-104(8), C.R.S., for any
election coordinated with Larimer County pursuant to Section 1-7-116, C.R.S.
Section 3. That Section 7-132 of the Code of the City of Fort Collins is hereby
amended to add a definition of the term “public announcement,” to read as follows:
Sec. 7-132. Definitions.
. . .
Public announcement shall mean:
(1) Registration of a candidate committee; or
(2) A statement made by the candidate signifying an interest in, or exploring
the possibility of, seeking the office by means of a speech, advertisement or other
communication reported or appearing in public media or in any place accessible
to the public, including social media, that a reasonable person would expect to
become public.
. . .
Section 4. That Section 7-132 of the Code of the City of Fort Collins is hereby
amended to add a definition of the term “registered agent,” to read as follows:
Sec. 7-132. Definitions.
. . .
Registered agent shall mean a natural person designated by or representing a committee
and responsible to receive mailings, respond to inquiries regarding the committee, to
receive complaints related to the committee, and timely filing campaign finance reports
and other filings required pursuant to this Chapter.
. . .
Section 5. That Section 7-133 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-133. Candidate affidavit; disclosure statement; failure to file.
(a) When any individual becomes a candidate, such individual shall certify, by
affidavit filed with the City Clerk within ten (10) days, that the candidate is familiar
with the provisions of this Article.
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(b) Each candidate shall file a financial disclosure statement pursuant to § 2-636
with the City Clerk within ten (10) days after at the same time as filing an acceptance of
nomination.
(c) Failure of any person to file the affidavit or disclosure statement required under
this Section shall result in the disqualification of such person as a candidate for the
office being sought. Disqualification shall occur only after the City Clerk has sent a
notice to the person by certified mail, return receipt requested, addressed to the person's
last known residence address. The notice shall state that the person will be disqualified
as a candidate if the person fails to file the appropriate document within five (5)
business days of receipt of the notice.
(d) The requirements of this Section shall not apply to any elected official who is
the subject of recall proceedings.
Section 6. That Section 7-134 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-134. Registration of committees; termination.
(a) All candidate committees, political committees and issue committees shall
register with the City Clerk before accepting or making any contributions. Registration
shall include a statement listing must be on a form provided by the City Clerk and must
include the following, together with any other information required to complete the
registration form:
(1) The committee's full name, spelling out any acronyms used therein;
(2) AThe name of a natural person authorized to act as a registered agent for
the committee;
(3) A current street address, mailing address (if different from the street
address), and telephone number and email address for the principal place
of operations business of the committee;
(4) A current mailing address, telephone number and email address for the
registered agentAll affiliated candidates and committees;
(5) The purpose or nature of interest of the committee.;
(6) The date of the election regarding which the committee intends to be
active;
(7) The name and address of the financial institution in which all
contributions received by the committee are deposited in a separate
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account bearing the name of the committee, and documentation of such
account reasonably satisfactory to the City Clerk; and
(8) An acknowledgement and certification signed by the registered agent
and, for any candidate committee, the candidate.
(b) A registered committee must promptly provide updated address, telephone and
email information to the City Clerk upon the change of such information for the
committee or the registered agent of the committee, or any change in financial
institution or account.
(c) Any candidate committee, political committee, or issue committee that has
registered with the City Clerk, but has not engaged in any election activities or reported
any contributions accepted or expenditures made, may terminate at any time by filing
an amended committee registration indicating the nature of the amendment is
termination of the committee and verifying that no contributions have been received or
expenditures made since registration occurred pursuant to § 7-134. Alternatively, the
committee shall file a campaign report indicating no contributions have been received
or expenditures made, and indicating it is a termination report.
(d) Any political committee or issue committee that has not taken the necessary steps
to terminate pursuant to Subsection (c) above must have properly disposed of all funds
and must file a termination report no later than sixty (60) days after the election.
Section 7. 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 as follows:
(1) All committees must file reports on the following dates:
a. the thirty-fifth (35
th
) day before the election;
b. the twenty-first (21
st
) day before the election,;
c. the fourteenth (14
th
) day before the election,; and
d. no later than noon on the Friday before the election,;
e. the thirty (30) thirtieth (30
th
) days after the election,; and
f. the sixty (60) sixtieth (60
th
) day after the election.
(2) Candidate committees that continue in operation must file a report 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.
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(3) 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 8. That Section 7-136(f) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-136. - Disclosure; filing of reports.
. . .
(f) A report required to be filed by this Article Section 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. Notwithstanding the foregoing, the report that is due by noon on the Friday
before the election must be filed by noon regardless of the manner of filing.
. . .
Section 9. That Section 7-136(i)(2) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-136. - Disclosure; filing of reports.
. . .
(i) Except as specified in this Subparagraph (i), the disclosure requirements specified
in this Article 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:
. . .
(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 City Clerk 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 must be on a form provided by the City Clerk and must include the
following, together with any other information required to complete the
registration form:
a. The committee's full name, spelling out any acronyms used in the name;
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b. The name of a natural person authorized to act as a registered agent of the
committee;
c. A current street address, mailing address (if different from the street
address), telephone number and email address for the principal place of business
of the committee;
d. A current mailing address, telephone number and email address for the
registered agent;
de. The purpose or nature of interest of the committee; and
f. The date of the election regarding which the committee intends to be
active;
eg. The name and address of the financial institution in which all contributions
received by the committee are deposited in a separate account bearing the name of
the committee, and documentation of such account reasonably satisfactory to the
City Clerk.; and
h. An acknowledgement and certification signed by the registered agent
and, from any candidate committee, the candidate.
Section 10. That Section 7-136(i) of the Code of the City of Fort Collins is hereby
amended to add a new subparagraph (3), to read as follows:
(3) A registered small-scale issue committee must promptly provide updated
address, telephone and email information to the City Clerk upon the change of
such information for the committee or the registered agent of the committee, or
any change in financial institution or account.
Section 11. That Section 7-136 of the Code of the City of Fort Collins is hereby
amended to add a new subsection (m) to read as follows:
Sec. 7-136. - Disclosure; filing of reports.
. . .
(m) Any political committee or issue committee formed prior to July 1, 2017, will be
deemed to have been formed for an election held prior to said date, and shall be deemed
terminated and shall cease to operate as a committee as of April 13, 2018, except that
any such terminated committee and persons responsible for the operation of such
committee shall continue to be subject to the limitations on disbursement of funds set
forth in § 7-138.
Section 12. That Section 7-190 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-190. Voting and return of ballots.
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(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, except as provided in § 7-191 and § 7-192, but shall be preserved in accordance
with § 7-195 below.
Section 13. 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 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 regular municipal election, 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
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first ballot cast by received from the elector and shall reject all subsequent ballots
received from that elector.
Section 14. That Section 7-192 of the Code of the City of Fort Collins is hereby
amended to read as follows:
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.
(a) Beginning with the April 2019 municipal election, the City Clerk shall follow the
procedures set forth in Section 31-10-910.3, C.R.S., for deficient and discrepant
signatures on return envelopes.
(b) No elector shall be allowed to correct a deficiency or discrepancy 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 or discrepancy.
Introduced, considered favorably on first reading, and ordered published this 20th day of
March, A.D. 2018, and to be presented for final passage on the 3rd day of April, A.D. 2018.
__________________________________
Mayor Pro Tem
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 3rd day of April, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk