HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/25/2020 - ELECTION CODE CHANGESDATE:
STAFF:
August 25, 2020
Delynn Coldiron, City Clerk
Rita Knoll, Chief Deputy City Clerk
Ryan Malarky, Legal
WORK SESSION ITEM
City Council
SUBJECT FOR DISCUSSION
Election Code Changes.
EXECUTIVE SUMMARY
The purpose of this item is to discuss proposed amendments to the City’s election campaign Code provisions.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. What concerns or questions do Councilmembers have regarding the proposed Code amendments?
2. Are Councilmembers ready for staff to bring the proposed Code amendments forward for Council
consideration on September 1, 2020?
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 (the Election Code Committee or ECC) 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. Mayor Troxell and Councilmembers Pignataro
and Summers are the current members of the ECC. Councilmember Pignataro serves as the Chair.
Since the original formation of the ad hoc committee, Council has considered and adopted five Ordinances
amending various provisions of Chapter 7. A list of the most recent changes adopted during 2017-2018 is
attached (Attachment 1). Highlights of the major changes from last round include:
• Committee Structure, Registration and Termination:
o Adding a registered agent with current contact information for committees
o Adding a definitive termination process for committees (other than candidate committees)
o Eliminating overlap between, and better defining, the various committees
o Adding provisions relating to Small-Scale Issue Committees
• Filing Requirements:
o Adding a definition for what constitutes a public announcement for candidacy
o Revising the date for a candidate’s first financial disclosure statement
o Amending deadlines for write-in candidates, nomination petitions, withdrawal from candidacy and
nomination petitions in a recall election
• Contributions/Expenditures and Campaign Finance Reporting
o Requiring two additional campaign finance reports to increase transparency
o Changing due dates for reports to better align with the approach of courts and legislature in terms of
using a 7-day increment and increasing predictability for candidates
o Adding a provision that prohibits any type of committee from coordinating its expenditures with any other
committee in a manner that circumvents restrictions or limitations
August 25, 2020 Page 2
• Campaign Regulations
o Requiring committees to keep copies of any public communications produced, as well as invoices,
receipts, and other instruments of payment
o Adding a reference to internet advertisers, website providers and social media providers to the list of
possible entities providing paid advertising and to the reporting requirements for discounted rates
o Adding a requirement for “paid for by” disclaimers on certain types of communications produced by
committees and by persons making independent expenditures
• Independent Expenditures
o Strengthening provisions to ensure a detailed description of an expenditure is provided and that
associated records are kept
o Amending the definition to ensure that expenditures include advertisements placed for a fee on a
person’s website, or advertisement space provided for no fee or a reduced fee if a person would have
ordinarily been charged
o Requiring reporting of expenditures supporting or opposing a ballot issue or question
o Increasing the independent expenditure reporting threshold to $250
• Complaints
o Adding a division related to campaign complaints/violations
• Ballot Processing
o Establishing requirements for signature verification
o Adding provisions specifically addressing the facilitation of voting by uniformed military and overseas
voters
• Post-Election
o Adding a Charter amendment changing the deadline for final certification to implement signature
verification and corresponding changes
The ECC discussed whether adjustments were needed to any of the changes made prior to the April 2019
election. There was robust discussion around the “paid for by” requirement and the resulting citizen complaints
filed that alleged campaigns violated the requirement. The general consensus among the ECC was that
changes were needed to address the severity of the consequences if found guilty of a violation. The ECC
generally concluded that a misdemeanor penalty seemed extreme in most cases. The new round of changes for
Council’s consideration address this by making most violations a civil penalty subject to a set fine. ECC
members also agreed that due to the number of changes that were made during the last round, it makes sense
to proceed through another election cycle with the current Code provisions to better determine their impact
before revising the changes that were previously made.
The proposed changes being presented at this work session represent a continuation of the work to make
improvements. Most of the changes are noncontroversial and enacting them at this time will be advantageous
as preparations begin for the April 2021 regular municipal election.
A summary of the proposed amendments follows:
Elimination of Non-Itemized Contributions (Section 7-136)
Currently all candidate committees, political committees and issue committees must report all contributions and
contributions in kind received in the amount of $20 or more. Members of the public attending ECC meetings
expressed concerns about a lack of transparency resulting from not requiring the same disclosure for
contributions and contributions in kind that are less than $20. One example provided was the use of a jar or
“fishbowl” at election events where contributions are accepted without any documentation regarding the amount
of individual contributions. Such fishbowls or other undocumented small contributions are problematic since there
is no way to ensure a contributor is not exceeding contribution limits. This proposal eliminates anonymous
donations and requires that all donations, no matter the amount, be reported.
August 25, 2020 Page 3
Use of Unexpended City Campaign Funds in Non-City Elections and Carry-Over of Candidate Committee
Contributions to the Next Election Cycle (Section 7-138)
Amending Section 7-138(a)(2) will enable unexpended campaign contributions to a candidate committee to be
contributed to a candidate committee established by the same candidate for a subsequent campaign in a federal,
state, county or city election, subject to campaign finance laws applicable to federal, state and county elections.
Currently, the Code allows that unexpended contributions can only be used for a subsequent city campaign.
Since the Mayor Pro Tem is currently involved in a county election, staff is proposing that, if Council considers
adopting this change, the effective date be January 1, 2021 to avoid any conflicts of interest.
Amending Section 7-138(e) will enable a candidate committee to continue to use the same name and any
unexpended funds for the next City election. Currently, candidate committees can contribute unexpended
campaign contributions to a new candidate committee, with a new name, established by the same candidate for a
subsequent election, but must close the current candidate committee no later than 10 days after establishing the
new candidate committee. This change is intended to reduce the administrative burden on those candidates and
their committees that intend to participate in a subsequent City election.
Changes to the Campaign Finance Violation Process
This language amends several sections of the City Code to establish a civil infraction process, whereby a set civil
penalty may be imposed against a candidate or committee for certain campaign finance violations.
Most violations would no longer be criminal misdemeanors, meaning there would no longer be a risk of
imprisonment or loss of office. However, the following violations are proposed to remain criminal misdemeanors:
(1) when a person violates disclosure requirements with the intent to fraudulently misrepresent contributions or
expenditures; (2) when a person offers a candidate or candidate committee money or anything of value to
withdraw, or a candidate offers to withdraw for money or anything of value; or (3) when a person commits a
violation or violations after already being found liable for two violations, all in a single election cycle. In the latter
case, the third and any subsequent violation would be a misdemeanor.
Alleged criminal violations would not be subject to the civil infraction process but would remain subject to review
by the City Attorney’s Office for probable cause.
Under this new civil infraction process, the respondent will be notified of any complaint received. The City
Attorney or their designee will review the complaint for legal sufficiency. If the City Attorney determines the
complaint is sufficient, the alleged violator (the “respondent”) will be notified of the presumptive penalty and given
the opportunity to pay the penalty or have seven (7) days to submit written evidence of correction of the violation
or diligent efforts to correct the violation. If the respondent fails to act, or the City Attorney determines the
respondent has not corrected the alleged violation and otherwise substantially complied with its legal obligations,
the respondent will be given the choice to pay an associated penalty or to contest the complaint through a hearing
before the Municipal Court following the City’s already-established procedures for civil infractions in Chapter 19,
Article V of the City Code. It is expected that an assistant judge would be assigned to handle any such
proceeding in the Municipal Court to avoid any actual conflicts of interest the Chief Judge may have or the
appearance of such conflict of interest.
Just as with other civil infractions, if a penalty is imposed by the Municipal Court but goes unpaid, the City would
have the authority to collect the penalty as a debt to the City. Candidates would be personally liable for penalties.
Candidates would be allowed to use campaign contributions to pay penalties.
Specifically, the proposed changes would:
1. Amend Section 7-136(g) to make reports that are incomplete or inconsistent with Code requirements to be
subject to the penalties and process outlined in Section 7-143.
2. Amend Section 7-143(a) to create a schedule of violations subject to civil penalties with an associated dollar
amount.
August 25, 2020 Page 4
3. Create a new Section 7-143(b) to clarify that a misdemeanor, subject to a fine or imprisonment in accordance
with Section 1-15 would continue for the following:
a) A person or committee that violates disclosure requirements with the intent to fraudulently misrepresent
contributions or expenditures; or
b) A person who offers a candidate or candidate committee money or anything of value to withdraw, or a
candidate who offers to withdraw for money or anything of value; or
c) When a person is found liable for a violation after the person is found liable for two (2) or more violations
under Chapter 7, Article V in a single election cycle.
4. Amend Section 7-143(c) to clarify that failure to comply with the provisions of this Article will have no effect on
the validity of any election, except as expressly required by the City Charter.
5. Amend Section 7-145(c) to make it clear that the City Clerk will forward any complaints received that allege a
criminal violation to the respondent as well as the City Attorney.
6. Create a new Section 7-145(d) related to processing complaints that do not allege a criminal violation and
sets out the civil infraction process that will be utilized.
7. Amend Section 7-146 to clarify that the City Attorney will continue to review those complaints that concern
criminal violations as opposed to civil infractions.
8. Eliminate Section 7-150 which currently allows a citizen complainant to bring a civil action in state district
court after either receiving written notification from the City Clerk that the City Attorney determined filing a
summons and complaint is inappropriate, or after one hundred eighty (180) days of filing the complaint,
whichever occurs first. Staff is proposing this be removed due to recent case law calling into question the
constitutionality of similar citizen enforcement mechanisms at the state election level.
The City Attorney will need to use an outside attorney, as in past practice, when a complaint is against a Council
candidate. The Chief Judge will also likely need to use an assistant judge. The need to use an outside attorney
for initial review and another outside attorney as an assistant judge is expected to have some budget implications
that have not yet been addressed. The assistant judge would likely be an outside attorney under contract for
assistant judge services, as with other assistant judges in the Municipal Court. The assistant judge contract
would be managed by the Chief Judge and the Municipal Court, while the outside legal counsel for initial review of
complaints, as needed, would be retained by the City Attorney’s Office.
The ECC discussed two additional issues and encouraged staff to bring them forward to the entire Council for
discussion. These items include regulation of Limited Liability Company (LLC) contributions and limiting
contributions to political committees.
Regulation of Limited Liability Company (LLC) Contributions
Members of the public attending ECC meetings expressed some interest in aligning local City Code provisions
with state law regarding the reporting of contributions by limited liability companies (LLCs). The ECC discussed
such regulations and, while not coming to a consensus about whether to support them, the ECC determined it
was appropriate to forward the matter to Council for its consideration. Under City provisions, an LLC is
considered a “person”, separate and distinct from a natural person. As such, a natural person can make the
maximum allowed contribution to a candidate committee, and an LLC, of which the natural person is a member,
may also make the maximum contribution to a candidate committee. Under state law, contributions from an LLC
must be accompanied by a written statement that includes, among other things, information on how the
contribution is attributed among the LLC members. The attribution to an individual member of the LLC then
counts toward the aggregate contribution limit of the individual as a person.
Limitation of Contributions to Political Committees
Members of the public attending ECC meetings expressed some interest in limiting contributions to political
committees, similar to provisions in state law. Under state law, contributions to political committees are limited,
and the committee is allowed to make contributions to candidate committees. Fort Collins does not limit
contributions to a political committee but does not allow a political committee to make direct contributions to any
type of committee. A political committee may only accept contributions or make expenditures to support or
August 25, 2020 Page 5
oppose one or more candidates. In addition, a political committee is prohibited from coordinating its expenditures
with any other such committee in a manner that circumvents any restrictions or limitations on campaign
contributions, expenditures or reporting set forth in the Code. Due to the differences between the state law and
local Code, the ECC was not interested in pursuing an amendment. Should Council want to look at this further,
proposed changes can be drafted for consideration. A comparison chart is attached giving more information on
the various types of committees the Code allows and some related information. A detailed memo previously
given to Council providing clarification regarding the participation of political action committees and 527 groups in
City elections and relationship to City political committees is also attached.
An additional change recommended by staff is as follows:
Financial Disclosure Statement Filing
This item was not discussed by the ECC. Staff is recommending that a change occur to Section 2-636 to align
filing requirements for seated Councilmembers and newly elected Councilmembers so that the filing deadline falls
on the same date (May 15 each year). Currently, newly elected Councilmembers must file no later than 30 days
after their election. In an election year, half the Council is filing in early May, and the other half is filing mid-May.
This proposed amendment will cause all Councilmembers to file under the same deadline.
The City Manager and City Attorney are required to file a financial disclosure statement no later than 30 days after
his or her appointment, and then annually no later than May 15. No change is recommended to provisions
affecting the City Manager and City Attorney.
Charter Changes
Staff presented several Charter changes to the ECC for discussion, including:
1. Amending Article II, Section 4 relating to the date for selection of the Mayor Pro Tem.
2. Amending Article VIII, Section 4(a) to eliminate a requirement that the affidavit of circulator contain a
statement of the number of signers on that section of the petition.
3. Amending Article VIII, Section 8 regarding participation in elections by political parties, city employees, public
service corporations or any other person intending to apply for a franchise or have a contract with the City.
4. Amending Article VIII, Section 9 regarding Corrupt Practices.
These issues are planned for discussion with the full Council at the December 8, 2020 Work Session in order to
enable Council to timely adopt the ordinances necessary to place desired Charter amendments on the ballot for
the April 2021 election.
Next Steps:
Unless Councilmembers have significant concerns about the proposed Code amendments, staff will present them
for consideration on First Reading on September 1, with Second Reading on September 15. This will enable the
City Clerk to include any proposed changes that Council adopts in election reference materials. City Clerk staff is
striving to have all reference materials (Guidelines) available to the public by early October.
As noted above, a work session related to proposed Charter Amendments is scheduled for December 8, 2020.
ATTACHMENTS
1. Code Changes in 2017-2018 Process (PDF)
2. Campaign Committees Chart (PDF)
3. Political Committees Memo (PDF)
4. Election Code Committee Minutes (PDF)
5. Powerpoint Presentation (PDF)
ELECTION CODE COMMITTEE ACCOMPLISHMENTS
April 2017 – September 2018
(with certain earlier amendments added for context)
Committee Structure/Registration and Termination
Added a definition of “registered agent”, which is used in the context of committee registration
and campaign finance reports. [Apr 2018]
Amended Section 7‐134 regarding registration of committees to require registration on a form
provided by the City Clerk and outlining the required information to be provided. Required
prompt provision of information updates. Added provisions relating to voluntary termination
and the proper disposition of funds and mandatory termination for political committees and
issue committees no later than 60 days after the election. [Apr 2018]
Provided that any issue committee or political committee formed prior to July 1, 2017 will be
deemed terminated and shall cease operation as of April 13, 2018. Such committees are
required to disburse remaining funds pursuant to the provisions in Section 7‐138 (Unexpended
Campaign Contributions) of the Code. [Apr 2018]
Amended the definition of “candidate committee” to specify that the common purpose is to
receive contributions or (rather than “and”) make expenditures. {Sept 2018]
Amended the definition of “issue committee” to clarify that it means any person that has
accepted contributions for the purpose of supporting or opposing a ballot question. [Sept 2018]
Amended the definition of “political committee” to clarify that activity is limited to supporting or
opposing candidates only, and eliminating the ability of a political committee to make
contributions to other committees. [Sept 2018]
Small‐scale Issue Committees
Added provisions relating to small‐scale issue committees. [Jan 2017]
Applied similar committee registration requirements and update information to small‐scale
issue committees (which are addressed in a separate section of the Code). [Apr 2018]
Amended the definition of “contribution”, specifically in the portion describing what
“contribution” does not include, to add reference to a small‐scale issue committee. [Sept 2018]
Amended the definition of “contribution in kind” to add reference to a small‐scale issue
committee. This applies also to what “contribution in kind” does not include. [Sept 2018]
Amended the definition of “expenditure” to add reference to a small‐scale issue committee.
[Sept 2018]
Amended the definition of “unexpended campaign contributions” to add reference to a small‐
scale issue committee. [Sept 2018]
Amended the section dealing with registration and termination of committees to add reference
to a registered small‐scale issue committee. [Sept 2018]
Amended the section regarding rates and charges for political advertising to include reference
to a small‐scale issue committee. [Sept 2018]
ATTACHMENT 1
Filing Requirements
Added a definition of “public announcement”, which is used in the context of determining when
someone becomes a candidate. [Apr 2018]
Changed the date that a candidate’s first financial disclosure statement is due to coincide with
the acceptance of nomination, rather than 10 days after acceptance of nomination. [Apr 2018]
Amended deadlines for write‐in candidates, nomination petitions, withdrawal from candidacy,
and nomination petition in a recall election, to provide more time for preparation and mailing of
ballots. [June 2018]
Contributions/Expenditures and Campaign Finance Reporting
Added two additional campaign finance report filing dates: 35 days prior to the election and 60
days after the election. [Apr 2018]
Clarified that the campaign finance report due on the Friday before the election is due at noon,
regardless of the method of filing. (All other reports, if filed electronically, may be filed until
midnight on the date due.) [Apr 2018]
Adjusted the deadline for post‐election campaign reports from the 60th day after the election to
now be due the 70th day after the election. [June 2018]
Adjusted the deadline for the report due on the 30th day after the election to instead be due on
the 35th day after the election. [June 2018]
Amended the section relating to campaign contributions and expenditures to:
o eliminate issue committee and political committee from the provision relating to joint
contributions,
o add reference to small‐scale issue committee to the list of committees that cannot
knowingly accept contributions from any person who is not a U.S. citizen, from a foreign
government, or from any foreign corporation that does not have authority to transact
business in Colorado
o add a new subsection prohibiting any type of committee from coordinating its
expenditures with any other committee in a manner that circumvents any restrictions or
limitations on campaign contributions, expenditures, or reporting requirements. [Sept
2018]
Amended the section relating to disclosure and filing of reports to make a committee’s
registered agent, rather than treasurer, the person notified of any deficiencies in reporting, and
the person responsible for amending a report to cure deficiencies. [Sept 2018]
Campaign Regulations
Required committees to keep copies of any public communications produced, in addition to
invoices, receipts, and other instruments of payment. [June 2018]
Added a definition of “social media” to mean any electronic medium, including an interactive
computer service, application, or data network, that allows users to create, share, and view
user‐generated content, including but not limited to videos, still photographs, blogs, video
blogs, podcasts, instant messages, electronic mail, or internet website profiles. [June 2018]
Added internet advertisers, website providers and social media providers to the list of possible
entities providing paid advertising, and to the reporting requirements for discounted rates.
[June 2018]
Added a new section titled “Responsibility for communications” establishing required “paid‐for‐
by” statements on certain types of communications produced by committees and by persons
making independent expenditures. [Sept 2018]
Independent Expenditures
Strengthened provisions relating to independent expenditures to require:
o A detailed description of the expenditures sufficient to allow for determination of
compliance with the Code.
o Copies of receipts, invoices, or other documentation related to the independent
expenditure.
o Maintenance of records for one (1) year, or longer if a complaint is received, and
production of those records within three (3) business days upon request of the City.
[Jan 2017]
Amended the definition of “independent expenditure” to:
o clarify that independent expenditure includes advertisements placed for a fee on
another person’s website, or advertisement space provided for no fee or a reduced fee
when a fee ordinarily would have been charged.
o require reporting of independent expenditures supporting or opposing a ballot issue or
question.
o require persons making independent expenditures to keep copies of any public
communications produced, in addition to invoices, receipts, and other instruments of
payment.
o clarify that the following are not independent expenditures:
expenditures made by persons, other than political committees, in the regular
course and scope of their business and political messages sent solely to their
members.
Any news articles, editorial endorsements, opinion or commentary writings, or
letters to the editor printed in a newspaper, magazine, or other periodical not
owned or controlled by the candidate, or communications other than
advertisements posted or published on the internet for no fee. [June 2018]
Amended the definition of “independent expenditure” to add reference to a small‐scale issue
committee. [Sept 2018]
Amended the definition of “independent expenditure”, specifically in the portion describing
what “independent expenditure” does not include, to add expenditures made by small‐scale
issue committees. [Sept 2018]
Amended the section regulating independent expenditures to:
o exclude a committee required to register under Chapter 7, Article V, from making
independent expenditures.
o require reporting of independent expenditures once the aggregate amount spent
exceeds $250.
o require reporting on a form provided by the City Clerk. [Sept 2018]
Complaints
Added a Division pertaining to campaign complaints/violations. [Jan 2017]
Amended the section regarding allegation of campaign violation to include a person to the list of
those who may commit a campaign violation and be subject to the filing of a complaint. [Sept
2018]
Ballot Processing
Established the requirement to use signature verification in the manner provided in State
Statute beginning with the April 2019 election. [Apr 2018]
Established provisions specifically addressing the facilitation of voting by uniformed military and
overseas voters. [June 2018]
Post‐Election
Charter Amendment approved changing the deadline for final certification of an election so that
the City may implement signature verification, and corresponding changes to the date of the
Council organizational meeting and the beginning of Councilmember terms of office. [Apr 2017]
Other/Administrative
Amended the duties of the City Clerk to include serving as the Designated Election Official in any
election coordinated with Larimer County. [Apr 2018]
CAMPAIGN COMMITTEE COMPARISONS
Category Definition - Purpose Registration
Required?
Reports
Required?
“Paid for
By”
Required?
Candidate
Committee
One or more persons for common purpose of receiving contributions or making
expenditures under authority of candidate; open and active until terminated. YES YES YES
Political
Committee
Two or more persons associated for common purpose of accepting contributions
or making contributions to support or oppose one or more candidates OR
Any person accepting contributions for that purpose.
YES YES YES
Small-Scale Issue
Committee
Two or more persons associated for common purpose of accepting contributions
or making contributions to support or oppose any ballot issue or ballot question
OR
Any person accepting contributions for that purpose.
NO until
$200 rec’d
or spent
NO until
$200 rec’d
or spent
NO until
$200 rec’d
or spent
Issue
Committee
Two or more persons associated for common purpose of accepting contributions
or making contributions to support or oppose any ballot issue or ballot question
OR
Any person accepting contributions for that purpose.
YES YES YES
Independent
Expenditure
Payment of money by other than a committee to advocate the election, defeat or
recall of a candidate or supporting or opposing a ballot issue or ballot question.
(Excludes news articles or other unpaid public media, expenditures in the regular
course of scope of business by an organization to its members/employees.)
NO NO
YES, if
total more
than $250
ATTACHMENT 2
June 25, 2020
TO: Mayor Troxell and City Councilmembers
THRU: 'DULQ$WWHEHUU\&LW\0DQDJHU
Kelly DiMartino, Deputy City Manager
&DUULH'DJJHWW$WWRUQH\
FROM: Ryan Malarky, Assistant City Attorney
Delynn Coldiron, City Clerk
RE: Clarification regarding the participation of political action committees and 527 groups
in City elections and relationship to City “political committees”
This memorandum responds to questions raised by City Council at its June 2, 2020, meeting and
subsequently discussed briefly by the Election Code Committee at its June 5, 2020, meeting. At
the June 2nd
Council meeting, some Councilmembers mentioned “political action committees” and
“527 groups,” and Councilmembers asked for clarification about what the City Code requires with
respect to the participation of political action committees and 527 groups in City elections. There
was also a request for clarification as to whether the Code contains limits on contributions to
political committees and whether political committees can coordinate with candidate committees.
The Bottom Line provides answers to these specific questions, while the Discussion provides
an overview of the Code requirements for political committees. In addition, a chart outlining
the types of committees established under the City’s campaign finance provisions and related
requirements and restrictions is attached. The City Clerk’s Office and the City Attorney’s
Office will keep these questions in mind and suggest additional clarifying Code language as
Code changes are prepared for City Council this summer.
Bottom Line:
1. A “political action committee” (“PAC”) is an entity regulated at the federal level by the Federal
Elections Commission. The term encompasses several different types of committees or
associations, including but not limited to separately segregated funds of corporations or labor
organizations, Super PACs, and Leadership PACs. The State of Colorado does not expressly
y
Mayor Troxell and City Councilmembers
June 25, 2020
Page 2 of 4
regulate PACs. However, to the extent a PAC’s conduct meets the state definition of a political
committee, the PAC must register and comply with requirements for political committees.
“527 groups” are political organizations that are tax-exempt under the federal Internal
Revenue Code, and which are organized to support or oppose candidates. In certain
instances, the State does require 527 groups to register as “political organizations.”
The City Code does not specifically address PACs or 527 groups. However, to the extent
PACs or 527 groups involve themselves in City elections and their conduct meets the City
Code’s definition of a political committee, the Code requires that such organizations
register and comply with the reporting requirements for a political committee. If a group
does not fall within the City’s definition of “political committee”, expenditures in City
elections would fall under the requirements for independent expenditures.
2. The City Code establishes various types of campaign committees, including “political
committees” and does not limit the amount of contribution that can be made to political
committees.
3. City Code Section 7-135(h) prohibits candidate committees, issue committees, small-scale
issue committees and political committees from coordinating expenditures with other such
committees in a way to avoid the restrictions on campaign contributions, expenditures or
reporting. In addition, the Code amendments in 2018 were intended to preclude
contributions by political committees to other committees. Because it would likely be
helpful to include a more explicit statement in the Code that political committees are
prohibited from coordinating campaign efforts with candidate committees and from
making contributions to other committees, additional language reinforcing this prohibition
will be included as part of upcoming amendments to the campaign finance provisions
planned for later this summer.
Discussion:
The Colorado Fair Campaign Practices Act (“FCPA”) was enacted at the state level in January
1997, replacing the former Campaign Reform Act. The focus of campaign regulations in state law
has historically been written with a focus on the regulation of state candidates, followed by county
candidates. Many of the provisions of the FCPA are not relevant to municipal candidates.
In November 2000, the City of Fort Collins, as a home-rule municipality, adopted its own
campaign finance laws in lieu of those contained in state law. It was the stated intent of the City
Council to “entirely occupy the field of regulating the conduct of City elections and . . . the
campaign activities of persons who are seeking local elective office or supporting or opposing
local ballot issues or contributing to the political campaigns relating to such candidates or issues.”
At the time, the local laws were modeled after language contained in the FCPA, excluding
provisions, or portions thereof, that were not relevant in municipal campaigns.
Mayor Troxell and City Councilmembers
June 25, 2020
Page 3 of 4
Local Definition of Political Committee
When City’s campaign laws were enacted in 2000, the definition of “political committee” in the
City Code read as follows:
Political committee shall mean two (2) or more persons who are elected, appointed,
or chosen, or have associated themselves, for the purpose of making contributions
to candidate committees, issue committees, or other political committees, or for the
purpose of making independent expenditures. Political committee shall not include
issue committees, or candidate committees as otherwise defined in this Section.
This language mirrored the original definition in the FCPA with the exclusion of a reference to
political parties.
The definition remained unaltered in the City Code until September 2018 when it was amended in
the following manner:
Political committee shall mean:
(1) twoTwo (2) or more persons who are elected, appointed or chosen, or
have associated themselves, for the purpose of accepting contributions
or making expenditures to support or oppose one (1) or more
candidatescontributions to candidate committees, issue committees or
other political committees, or for the purpose of making independent
expenditures.
(2) Any person that has accepted contributions for the purpose of supporting
or opposing one (1) or more candidates.
Political committee shall not include:
(1) Issue committees or candidate committees as otherwise defined in this
Section; or
(2) Any partnership, committee, association, corporation, labor
organization or other organization or group of persons previously
established for a primary purpose outside of the scope of this Article.
The 2018 amendments were intended to better define a political committee and remove any
overlap with other committees or types of expenditures. In particular, the 2018 amendments:
x Made clear that two or more persons who either take contributions or make
expenditures to support or oppose candidates must register as a political
Mayor Troxell and City Councilmembers
June 25, 2020
Page 4 of 4
committee. Previously, registration was not required until such persons
received contributions and made expenditures.
x Made clear that any person that accepts contributions to support or oppose
candidates must register. The Code broadly defines a person as any individual,
partnership, committee, association, corporation, labor organization or other
organization or group of persons.
x Made clear that candidate committees will not also be considered political
committees.
x Removed the language allowing political committees to make contributions to
other committees.
x Limited activities of a political committee to supporting or opposing
candidates.
x Eliminated the ability of political committees to make independent
expenditures.
x Removed language that excluded from the registration requirements any
partnership, committee, association, corporation, labor organization or other
organization or group of persons previously established for a primary purpose
outside of the scope of the City’s campaign regulations from the definition of
political committee.
City Code Section 7-135(h) prohibits candidate committees, issue committees, small-scale
issue committees, and political committees from coordinating expenditures with other such
committees to circumvent any restrictions or limitations in the Code on campaign
contributions, expenditures or reporting requirements. Independent expenditures are, by their
definition, not coordinated with a candidate committee. The same holds true in the FCPA and
related provisions in the Colorado Constitution.
The Colorado Constitution does set a limit on contributions that can be made to, and accepted
by candidate committees, including contributions made by political committees, under the
State campaign finance regulatory system. Since the City does not allow political committees
to make contributions to candidate committees, there is no direct comparison. Both the
Colorado Constitution and City Code allow political committees to make direct expenditures
supporting candidates.
In order to make more explicit both of these points (both coordination by political committees
and payments by political committees to other committees are prohibited), staff will include
language to that effect in the Code amendments coming forward later this summer for
Council’s consideration.
Attachment
COMPARISON OF VARIOUS TYPES OF COMMITTEES FOR ELECTION PURPOSES
Definition
Registration
required?
Required to File
Campaign Finance
Reports?
Can Accept
Contributions?
Can Make
Contributions to
Other
Committees?
Can Make
Expenditures?
Subject to
“Paid for By”
requirement?
Candidate
Committee
A person, including the candidate, or persons with the common purpose of receiving contributions or making
expenditures under the authority of a candidate. A candidate shall have only one (1) candidate committee. A candidate
committee shall be considered open and active until the committee has filed a termination report with the City Clerk.
Yes Yes Yes
Councilmember
candidate-
$75/person
Mayoral
candidate-
$100/person
No Yes Yes
Political
Committee
(1) Two (2) or more persons who are elected, appointed or chosen, or have associated themselves, for the purpose of
accepting contributions or making expenditures to support or oppose one (1) or more candidates.
(2) Any person that has accepted contributions for the purpose of supporting or opposing one (1) or more candidates.
Political committee shall not include candidate committees as otherwise defined in this Section.
Yes Yes Yes No Yes Yes
Small-scale Issue
Committee
A committee otherwise meeting the definition of 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.
Once a small-scale issue committee accepts contributions/makes expenditures in excess of $5,000, the small-scale
issue committee must register as an issue committee and file reports about the contributions or expenditures it has
made or received since the beginning of its existence as a small-scale issue committee. (See Issue Committee)
Not until it accepts
contributions/makes
expenditures in an
aggregate amount
that exceeds $200
Not until it accepts
contributions/makes
expenditures in an
aggregate amount
that exceeds $5000
(and then they
become an issue
committee)
Yes No Yes Not until it accepts
City of Fort Collins Page 1
September 6, 2019
ELECTION CODE COMMITTEE MEETING
3:30 PM
COUNCILMEMBERS PRESENT: Troxell, Pignataro, Summers (via telephone),
STAFF PRESENT: Ryan Malarkey, Delynn Coldiron, Rita Knoll, Sara Gonzales
CITIZENS PRESENT: Marge Norskog, Jody Deschenes, Robbie Moreland, Roxanne Griffin, Dale
Karchin, Suzanne Trask, David Turk, Kathryn Secor, Mike Feldhousen, Karen
Wagner, Jen Rossi
1. CALL MEETING TO ORDER
Mayor Troxell called the meeting to order.
2. ELECTION OF COMMITTEE CHAIR
Councilmember Pignataro expressed interest in being the Committee Chair. Mayor Troxell and
Councilmember Summers accepted the nomination.
3. CITIZEN COMMENT
Marge Norskog discussed the role of the City Clerk's Office in elections-to cover the election process and
two election management tasks: to answer questions when asked and to take action if a report is not filed
on time. She noted the Office was denied additional funding in 2019 to expand election management. She
discussed the 18 complaints she and others filed in the April 2019 election, all of which were based on
observations. Moving forward, Ms. Norskog stated small scale issue committees should be required to
report the zero to $199 spent once they reach the $200 threshold that requires reporting. Independent
expenditures under $250 are currently exempt from “paid for by” requirements, which causes a loophole in
anonymous speech. Additionally, someone convicted of a felony who has since had their voting rights
restored should be able to run for Council and suggested the election software be able to accommodate
online reporting by campaigns and committees and support ranked choice voting.
Robbie Moreland stated it is important that consistent oversight is given to ensure election code is being
followed. She reviewed financial disclosures for the past three April elections and requested the Committee
consider addressing non-itemized contributions or donations under $20 to clarify their proper use and
purpose. She requested the Committee address campaign donations from LLCs. She would like the City's
Election Code to match that of the state in order to ensure that individuals no longer have an advantage
over others through the use of multiple LLCs.
Karen Wagner expressed concern about low voter turnout and questioned why the Committee has gone
so long without meeting. She requested the Committee have a regular monthly meeting.
Jan Rossi expressed concern there is no campaign compliance oversight.
Roxanne Griffin stated the citizens of Fort Collins have the right to know who is paying for political
advertisements, including independent expenditures. Transparency plays a key role in a voter's ability to
evaluate the merits of political campaign messaging. She requested the Committee consider future steps
needed to ensure transparency and compliance with Election Codes.
Jody Deschenes requested the Committee address guidelines for election office employment or ineligibility
thereof. She would like to help elevate the City's election process and stated there should be a higher
standard of transparency. She discussed her group’s three areas of focus: independent, fair, and
transparent redistricting, ranked choice voting, and taking any and all measures necessary to mitigate the
negative influence of money on campaigns, elections, and government. She will be submitting three
resolutions related to these issues.
Councilmember Summers thanked the citizens who spoke and stated requiring “paid for by” statements on
web pages and social media is a way to catch people doing misdeeds. He suggested the focus needs to
be on other issues. He stated Fort Collins' $75 maximum contribution limit may be lowest of any city in
ATTACHMENT 4
City of Fort Collins Page 2
Colorado; therefore, transparency concerns should focus more on flyers and robocalls. He would support
on-line reporting but opposed ranked choice voting.
Mayor Troxell thanked the speakers and stated that, while transparency is important, he believes the
complaint-based system has worked and he would be concerned about implementing changes that would
dissuade candidates from participating.
Councilmember Pignataro asked if it would be appropriate for the Committee to make a decision on LLCs
as all three of their names appear on the list of candidates with LLC donations. Chief Deputy City Clerk
Knoll noted the Committee would be making a recommendation to Council with Council being the body that
would ultimately make any changes to the Election Code.
Councilmember Pignataro asked about the scheduling of the Committee meetings. City Clerk Coldiron
replied the meetings have been set for every other month for the rest of the year; however, that can be
adjusted as necessary.
4. APPROVAL OF AUGUST 2, 2018 COMMITTEE MEETING MINUTES
Mayor Troxell made a motion, seconded by Councilmember Summers, to adopt the August 2, 2018
Committee meeting minutes. The motion was adopted by unanimous consent.
5. DISCUSSION ITEMS
a. Review of the scope of the Election Code Committee and past accomplishments
Assistant City Attorney Ryan Malarkey discussed the history of the Election Code Committee and various
Election Code changes made by Council, after recommendation by the Committee.
Councilmember Pignataro asked how far prior to an election any Election Code changes need to be put
into place. Chief Deputy City Clerk Knoll replied they would ideally be in place by September.
Mayor Troxell requested feedback on changes that were made prior to the April 2019 election. Chief Deputy
City Clerk Knoll replied the additional required campaign finance reports placed a stress on the workload,
as did the large number of candidates. She also noted there were additional ballot processing requirements
that needed to be implemented, including signature verification and a new tabulation system.
City Clerk Coldiron commented on the relationship with the County which provides County workers in the
City Clerk's Office to help with registrations and other issues. The County is also considering letting the
City use its ballot box.
Chief Deputy City Clerk Knoll stated the marketing campaign appeared to have been successful in getting
people to check registrations early which decreased the walk-in traffic. She discussed the changes made
relating to UOCAVA voters and to extending the time for signature discrepancies to be cured.
Mayor Troxell commended the election and its transparency given the number of new processes. He
stated he would be slow to act in making additional changes citing the importance of predictability and
stability.
Councilmember Summers stated he could find some interesting results that would come from ranked voting
at a local level.
Councilmember Pignataro asked if there are clear guidelines about impartiality for election workers. Chief
Deputy City Clerk Knoll replied that had not typically been an issue; however, a complaint was received
from a candidate related to contact from Ms. Deschenes which is why she was not selected for election
employment. She stated staff has determined a more complex application and vetting process will occur
in the future.
City Clerk Coldiron stated staff will work with Human Resources and the City Attorney's Office to formalize
the election worker hiring process.
City of Fort Collins Page 3
b. Overview of April 2019 election
Chief Deputy City Clerk Knoll discussed turnout numbers, noting the number of registered voters is
constantly changing. Receiving 32,000 ballots for a local election is a good turnout. She reviewed the
election worker roles, overseas voter numbers, signature discrepancy corrections, new processes and
equipment, campaign law changes, and election cost.
Councilmember Pignataro asked if it is a requirement that ballots first go to Denver for processing through
the mail. Chief Deputy City Clerk Knoll replied in the affirmative but noted there is an agreement in place
with the Fort Collins post offices to hold any ballots they get on Election Day.
c. Background on recent changes to Election Code
City Clerk Coldiron reviewed changes made to the Election Code prior to the April election. She also
reviewed the complaints received during the election, stating two, relating to “paid for by” requirements on
flyers, yard signs, campaign websites and a Facebook page, have been forwarded for additional
investigation.
Councilmember Pignataro asked why other complaints related to a Facebook pages have been dismissed
while one remains. Assistant City Attorney Malarkey replied he could not make detailed comments as the
investigation is ongoing.
Chief Deputy City Clerk Knoll noted Fort Collins, as a home-rule city, does not follow the majority of state
laws regarding campaign finance.
Mayor Troxell opposed the severity of the penalty associated with “paid for by” violations and suggested
the Committee consider alternatives. Councilmember Pignataro agreed and suggested the inclusion of
additional language in candidate guidelines.
d. Review of proposed amendments to District-Precinct Map and possible recommendation to be
included in September 17 Council Agenda Item
Chief Deputy City Clerk Knoll presented a draft agenda item for the September 17 Council meeting related
to precinct changes made by the County. She noted the changes do not affect Council districts.
Mayor Troxell made a motion, seconded by Councilmember Summers, to recommend adoption of the
amendment to the City precinct map based on the County's precinct changes. The motion was adopted
unanimously.
e. Redistricting study overview
City Clerk Coldiron stated this communitywide redistricting effort was approved as part of the last budget
cycle and noted the last redistricting was done in 2016. She stated redistricting must occur when there is
a 10% or greater population variation between the most populous district and the least populous district,
which in this case are Districts 1 and 4.
City Clerk Coldiron stated the redistricting study will result in an analysis of the current population-based
methodology and ideas for others, evaluation of a possible district configuration, a robust public
engagement effort, and multiple redistricting options. She noted the hired consultant will aid in the entire
process and be present to answer questions. Staff would like to draft a request for proposal for the
Committee to consider at its next meeting and begin work in February with Council consideration in
November or December of next year.
Councilmember Pignataro asked how a consultant will be chosen. City Clerk Coldiron replied a staff
committee will be formed to review the requests for proposal submissions and the Committee will be kept
informed along the way.
Councilmember Summers suggested a November review by Council in order to provide additional time for
potential candidates who may run in the April election. City Clerk Coldiron noted the new district boundaries
will not go into effect until 2023 as census data will not be reported until 2021.
City of Fort Collins Page 4
6. FUTURE TOPICS
What topics does the committee wish to explore as part of its work plan?
Councilmember Pignataro asked if Committee members could send suggestions to staff for compilation
prior to the next meeting.
7. OTHER BUSINESS
None.
8. ADJOURNMENT
The meeting adjourned by unanimous consent at 5:00 PM.
City of Fort Collins Page 1
November 15, 2019
ELECTION CODE COMMITTEE MEETING
3:45 PM
COUNCILMEMBERS PRESENT: Troxell, Pignataro, Summers
STAFF PRESENT: Carrie Daggett, Ryan Malarkey, Delynn Coldiron, Rita Knoll, Sara Gonzales
CITIZENS PRESENT: Marge Norskog, Robbie Moreland, Kathleen Schmidt, Kevin Jones
1. CALL MEETING TO ORDER
Mayor Troxell called the meeting to order.
2. CITIZEN COMMENT
Marge Norskog stated this committee provides a great deal of experience to determine how best to provide
oversight for elections going forward. She discussed a new Colorado law: the Campaign Finance
Enforcement Code. She stated the Secretary of State is actively creating a campaign enforcement group
within its office and encouraged the City to examine a similar process.
3. APPROVAL OF SEPTEMBER 6, 2019 COMMITTEE MEETING MINUTES
Councilmember Summers made a motion, seconded by Mayor Troxell, to adopt the September 6, 2019
Committee meeting minutes. The motion was adopted by unanimous consent.
4. DISCUSSION ITEMS
a. “Fishbowl” donations - Require greater detailed reporting or not allow this type of campaign
contribution?
Chair Pignataro stated these types of donations added up to over $500 in the last election. City Attorney
Daggett noted it is challenging to have anonymous donations where you have individual contribution limits;
therefore, it may be necessary to have some type of tracking for these donations.
Councilmember Summers stated people try to find ways around the rules and money is pushed out of the
control of the candidate when more rules are in place. Campaigns should track individual donations
regardless of the amount so it can be reported when the threshold is met. Candidates want to know who is
contributing to their campaigns and suggested not allowing “fishbowl” donations may be the appropriate
solution.
Mayor Troxell stated this type of donation does not seem to function with the maximum donation amounts.
Chair Pignataro asked about the language around anonymous donations. Chief Deputy City Clerk Knoll
stated any donation under $20 is non-itemized and not reported. A solution would be to not allow non-
itemized contributions.
Mayor Troxell supported that solution and asked what constitutes a Charter change with regards to
elections. City Attorney Daggett replied there is a Charter provision that prohibits employee contributions to
Council candidate campaigns and prohibits contributions from organizations contracting with the City. She
also stated ranked voting would also be a Charter amendment and the remainder of the items on this
agenda would be Code changes.
City Attorney Daggett noted there has been some discussion about the Charter provision related to not
being able to hold office if convicted of a Code violation during an election. She noted Code changes would
likely be able to address the concerns about the Charter provision and she reviewed items that could be
viewed as criminal versus civil infractions in the election-related Code language.
Chair Pignataro stated eliminating anonymous donations would solve the “fishbowl” contribution issue.
November 15, 2019
City of Fort Collins Page 2
b. Review of the complaint and enforcement procedures and penalties for election code violations.
Chair Pignataro stated the review of the complaint and enforcement procedures and penalties for election
code violations would be a much longer effort.
Councilmember Summers stated the significant changes that were made after the 2017 election that
applied to the 2019 election should be reviewed. He opposed the “paid for by” requirement for yard signs
and stated some of the changes may have been overcorrections. Most of the 2019 election complaints
were frivolous, bogus, and inconsequential.
Chair Pignataro stated the “paid for by” requirement began because of mailers that were funded by outside
money. She agreed with Councilmember Summers that some of the changes may be overreaching.
Councilmember Summers opposed the requirement for two signatures on joint checking account checks.
He stated several of the City's requirements do not even apply at the state level. He expressed concern
that taking the control of the campaign out of the candidates' hands diverts it to outside groups.
Mayor Troxell supported adopting a minimalist, candidate-focused, transparent process. He supported
doing away with anonymous donations.
Councilmember Summers stated there should be a right to cure things that are deficient in election
reporting, such as missing addresses. Knoll replied the Clerk's Office does not review reports at that level
of detail; however, if it is brought to the attention of the Clerk, the candidate is told and is able to file an
amended report.
Chair Pignataro asked if the priority of this item is changed by Council as a whole bringing it up under Other
Business. Knoll replied Council will consider a draft ordinance and recommendation from this committee.
Councilmember Summers stated anything short of misappropriation of funds should not be viewed as a
criminal activity.
City Attorney Daggett suggested staff return with options and recommendations.
c. Ranked Choice Voting-pros and cons for our community.
Chair Pignataro noted ranked voting could not be in place by the next election; therefore, while it is still
important to discuss, it is not necessarily a priority at this time. She stated ranked voting could even the
playing field a bit.
Councilmember Summers discussed his experience with ranked voting and stated he essentially supports
the “one vote, one person” philosophy. He noted there could be a large confusion factor for voters and
stated ranked voting may not add a great deal of value to city elections.
Mayor Troxell stated there is no existing problem that would be fixed by ranked voting. He noted some
areas that have implemented ranked voting have now done away with it.
d. Restrictions on employees and contractors from participating in City elections.
City Attorney Daggett stated staff will likely want to provide more detail on this topic as the discussion
progresses. She stated the employee issue is separate from the contractor issue and stated staff is
recommending Council consider asking voters to remove the restrictions on contracting organizations in
light of Citizens United as there is some question as to whether the prohibition is consistent with how the
law has developed. She noted that would be a Charter provision change and stated the committee may
need an executive session to fully discuss legal ramifications.
City Attorney Daggett noted the employee contribution prohibition only applies to candidate elections, but
employees can participate in issue elections on a personal level.
November 15, 2019
City of Fort Collins Page 3
Chair Pignataro noted the City is one of the largest employers in Fort Collins and stated not allowing
employees to participate is difficult for candidates.
City Attorney Daggett noted City Manager Atteberry may want to be involved in this discussion related to
concerns about relationships employees may have developed with candidates to whom they have
contributed.
e. Campaign naming and carry-over for returning candidates.
Chair Pignataro noted this item relates to using a different campaign name for each election. She
expressed concern that this could be wasteful in terms of campaign materials.
Councilmember Summers stated campaigns are active until they are closed at the state level.
Chair Pignataro asked what issues are being faced by the City Clerk's Office that would drive the need for
different campaign names. Deputy City Clerk Gonzales replied donations are tied to committee names and
it is difficult to determine which campaign is associated with which donations if the campaign name remains
the same. She noted funds can be carried over from one committee to the other; however, the itemized
items do not carry over.
Councilmember Summers suggested utilizing dates to differentiate campaigns.
Mayor Troxell noted issue committees and candidate committees may need to be treated differently.
Gonzales replied issue committees are required to terminate and candidate committees must be reopened
for each election, though they can remain open with an annual reporting requirement.
f. Possible alignment with state law regarding LLC election contributions.
Councilmember Summers stated the state law requires a report, which is only held by the candidate,
outlining contributions made by an individual and their LLC.
City Attorney Daggett stated it could become cumbersome to attempt to attribute a donation equally among
all members of an LLC.
Chair Pignataro stated City elections have a low per person donation limit for a reason and allowing LLC
contributions seems to go against that.
Councilmember Summers stated higher contribution limits may be needed in order to avoid LLC
contributions.
Chair Pignataro stated she would like to have staff prepare information related to pros and cons of the state
regulations.
5. Continuation of Election Code Committee
City Attorney Daggett stated this item has come about as there may be enough interest on the part of the
entire Council on some items that a work session may be a better way to proceed with a discussion.
City Clerk Coldiron stated there was also some thought that the amount of changes already made may
need to be digested and assessed prior to making more changes.
Members discussed items that they would like to consider in January.
6. OTHER BUSINESS
Chair Pignataro encouraged the Clerk's Office to make scanned reports searchable PDFs.
November 15, 2019
City of Fort Collins Page 4
7. ADJOURNMENT
The meeting adjourned by unanimous consent at 5:14 PM.
City of Fort Collins Page 1
January 10, 2020
ELECTION CODE COMMITTEE MEETING
3:31 PM
COUNCILMEMBERS PRESENT: Troxell, Pignataro, Summers
STAFF PRESENT: Carrie Daggett, Ryan Malarkey, Delynn Coldiron, Rita Knoll, Sara Gonzales
CITIZENS PRESENT: Robbie Moreland, Jody Deschenes, Anne Thompson, Sam Houghteling, Eric
Sutherland
1. CITIZEN COMMENT
Robbie Moreland stated Secretary of State regulations state that campaign contributions made as a member
of an LLC counts toward contribution limits for that individual; however, City law allows an individual to make
contributions under their own name as well as through their LLCs. She opposed the City provisions, as LLCs
are not individuals and do not receive a ballot to vote. She requested the City develop a way to align
contributions limits for LLCs with the state requirements. She expressed support for ranked choice voting, is
interested in the continued discussion on non-itemized contributions under $20, and requested the Committee
recommend doing away with anonymous donations altogether.
Jody Deschenes expressed support for the City adopting Colorado's rules regarding campaign contributions
from individuals and LLCs. She also supported independent redistricting and requested an update on the
timeline for hiring an independent redistricting consultant following the 2020 census. She supported
eliminating anonymous or non-itemized contributions under $20 and supported ranked choice voting.
Chair Pignataro noted she had previously requested staff prepare pro and con information regarding possible
alignment with state LLC contribution provisions and requested an update. Gonzales replied that topic will
be discussed at the February meeting.
Mayor Troxell requested information regarding the LLC provisions related to a home rule municipality. City
Attorney Daggett replied the City has its own set of campaign finance rules and would need to adopt
something different to match the state provisions.
Councilmember Summers stated it is important not to pick and choose what the City models locally after the
state guidelines. He asked if the intent is to make it more difficult to run for City Council than for the State
House or State Senate.
Chair Pignataro replied she would like to look at pros and cons of changing the regulations.
Councilmember Summers stated he would like to look at the state model for donations from couples. He
noted the Fort Collins model is more restrictive than state law for couples to donate to a candidate.
Mayor Troxell discussed the importance of identifying goals to be achieved prior to making changes.
Chair Pignataro noted ranked choice voting would require Council to vote to place the item on a ballot as it is
a Charter change. Knoll noted the only option to have that in place for the next City election would be to
place it on the November 2020 ballot.
Councilmember Summers stated it would be helpful to have an analysis of how many elections had more
than 2 candidates when looking at ranked voting. Knoll replied she would provide a spreadsheet of the
number of candidates in each race for each election and data on whether the winning candidate acquired
more than 50% of the vote.
Mayor Troxell discussed the recent ethics complaint regarding Mayor Pro Tem Stephens and his participation
in the Hughes Stadium site rezoning and stated it is false to claim issue committee donations are related to
individual campaigns as was suggested as part of that complaint.
City of Fort Collins Page 2
2. APPROVAL OF NOVEMBER 15, 2019 COMMITTEE MEETING MINUTES
Mayor Troxell made a motion, seconded by Councilmember Summers, to adopt the November 15, 2019
Committee meeting minutes. The motion was adopted by unanimous consent.
3. DISCUSSION ITEMS
a. Review past Election Code changes, grouped by themes - Discussion of which areas the
Committee would like to see amended
Councilmember Summers stated the definition of a Candidate Committee was changed to specify the
common purpose is to receive contributions or make expenditures rather than and make expenditures and
asked why that change was made. City Attorney Daggett replied that change was made realizing candidate
committees would not technically meet the definition of a candidate committee until it started spending money.
Councilmember Summers suggested some context may be missing related to the candidate committee
language. Knoll replied both contributions and expenditures were required to meet the definition of a
candidate committee when the language was first written; however, there could be a situation in which the
candidate funds the committee totally by loaning the campaign money, which is not technically a contribution,
but is a loan. This would mean expenditures could be made, but contributions were not received, and the
proposed language would allow a candidate committee to either receive contributions or make expenditures,
or both.
City Attorney Daggett stated the language could be revisited as necessary.
Councilmember Summers asked if an individual could run for Council and not have a candidate committee.
City Attorney Daggett replied candidate committees are defined as “a person, including the candidate, or
persons with a common purpose, of receiving contributions, making expenditures, under the authority of the
candidate”; therefore, the definition is written to include the candidate as a person. She stated it is a
requirement of the candidate to have a committee unless there is no money being contributed.
Councilmember Summers asked if there is a time limit for which candidates are required to retain copies of
public communication, invoices, receipts, and other instruments of payment. Gonzales replied it is for a year
unless a complaint has been filed, then items must be kept until after its resolution.
Councilmember Summers asked if it must be counted as a contribution if someone from an individual's
campaign committee voluntarily sets up the candidate’s webpage. City Attorney Daggett replied certain items
online are free, and other things are not; therefore, it would depend on whether the page was placed on a
hosted site or one that could be freely used. She stated this section prohibits different rates being given to
certain candidates over others.
Councilmember Summers stated there may have been some confusion prior to the requirement that
independent expenditures must have a “paid for by” declaration. City Attorney Daggett replied most of the
confusion was on the part of complaining parties, and it was made clear that new regulations such as this do
require a fair amount of education. She stated there is opportunity to continue improving the education around
the requirements.
Chair Pignataro asked if the Code language indicates “paid for by” statements are required when money or
in-kind donations are exchanged. Assistant City Attorney Malarky noted a trigger for the use of “paid for by”
is when a candidate or committee makes an expenditure. City Attorney Daggett stated the Code language
includes examples of items that are understood to be impractical for a notice requirement.
Mayor Troxell asked if this section could include something about social media. City Attorney Daggett replied
the language does say communication shall include, but is not limited to, websites or social media of a
candidate committee, issue committee, or small-scale committee, if and to the extent they are financed by
independent expenditures.
Chair Pignataro clarified the requirement would apply to ads purchased on Facebook, for example, but not to
posts on personal pages.
City of Fort Collins Page 3
City Clerk Coldiron noted there may be some confusion and question as to what is impractical for the “paid
for by” requirement.
City Attorney Daggett mentioned the question as to whether materials from previous elections, such as yard
signs, should be required to have the “paid for by” notation.
Councilmember Summers questioned why “paid for” declarations are required. Knoll replied this came from
a request from citizens because there were very negative ballot materials against another candidate sent out
in the April 2017 election that appeared to be from the candidate's campaign, and it was difficult to identify
who had sent it.
Councilmember Summers stated that kind of issue should be the focus of what needs to be solved with a
“paid for by” requirement.
Chair Pignataro stated she would like to see this requirement used through one more election cycle before
making any amendments.
Mayor Troxell agreed.
b. Possible Election Code Changes-Review of draft Code Amendments
1. Elimination of anonymous donations
Malarky stated the direction staff received from the Committee was to eliminate all anonymous donations;
therefore, the $20 threshold has been eliminated in the draft language so any donation amount would need to
be tracked and recorded.
Mayor Troxell stated this requirement may make things simpler. City Attorney Daggett noted this requirement
would eliminate the possibility that someone could make multiple small donations that would not be tracked
under the previous regulations.
Chair Pignataro noted she would want to know who is supporting her as a candidate.
The Committee supported the proposed language on this issue.
2. Use of unexpected City election candidate contributions in a non-City election
Chair Pignataro stated she does not want this to appear as if it is being done for a specific candidate and
asked if a similar provision exists at the state level.
Councilmember Summers replied funds can be rolled over among state campaigns. He noted new
committees must be formed if the campaigns are for different offices on different levels.
Mayor Troxell noted unexpended campaign funds can now go to non-profits and other entities and suggested
a campaign for another position should also qualify under that category.
Councilmember Summers asked if leftover campaign funds are considered the candidate's funds when being
transferred from one year's campaign to another. City Attorney Daggett replied there would not be a limit on
the transferred amount.
3. Carry-over of unexpended candidate contributions to the next election cycle and the ability of the
committee to keep its same name
Malarky stated this item was intended to address a concern that was raised about having to develop a new
committee name. The Election Code Committee provided direction that candidates be able to retain the same
committee names. Knoll suggested committee names could be amended with the knowledge and
documentation that the committee is the same.
City of Fort Collins Page 4
4. Addition of a cure period for respondents in the campaign violation process
Malarky outlined the language for this proposed change.
Mayor Troxell asked about the repercussions for campaign violations that are not corrected. Malarky replied
there would then be a determination made either by the City Attorney's Office or outside counsel regarding
whether further investigation or prosecution is warranted.
5. Removal of the citizen enforcement mechanism in District Court
City Attorney Daggett stated the current Code allows the complaining party to file a case in District Court
should the City's prosecutor chose not to pursue prosecution of a violation. Staff recommends removing this
ability from the Code based on questions of constitutionality in recent court cases. She outlined a complaint
received regarding an election which was ultimately reviewed and determined to not merit further
investigation. She stated the citizen was frustrated with the time it took to investigate the complaint.
Chair Pignataro asked what options would be available for a citizen. City Attorney Daggett replied the initial
logic of the campaign finance disclosure requirements was that the political process is political and whatever
information people have about what may have happened would feed into the political process and be usable
for people who wanted to advocate for or against individual candidates, or seek recall of individual candidates.
4. OTHER BUSINESS
Chair Pignataro asked when the civil versus criminal penalty option will come before the Committee. City
Attorney Daggett stated any violation is currently a criminal misdemeanor and there are some types of
violations that staff would recommend continue to be so. She stated it is clear there is interest in backing off
consequences and intensity of enforcement for items like filing violations. She stated those issues would shift
from a criminal violation to a civil infraction or other administrative violation.
City Attorney Daggett stated staff will need to work on developing a recommendation for what the process
may look like. She noted civil infractions are punishable by fines and stated a fine schedule could be outlined.
Councilmember Summers stated it is important to delineate between oversights and mistakes versus true law
violations such as fraud, which is already illegal. He stated creating disproportionate penalties will discourage
people from serving in public office.
City Clerk Coldiron and City Attorney Daggett outlined the process by which complaints are addressed
through the two offices.
Chair Pignataro asked if the City is planning to place any items on the November 2020 ballot. City Clerk
Coldiron replied in the negative. Mayor Troxell discussed how items may emerge to be placed on the ballot.
Chair Pignataro asked about cost of adding an item to a presidential election ballot. City Clerk Coldiron
replied it would be quite expensive and noted all local items are placed near the end of the ballot.
5. ADJOURNMENT
The meeting adjourned by unanimous consent at 5:22 PM.
City of Fort Collins Page 1
February 21, 2020
ELECTION CODE COMMITTEE MEETING
3:32 PM
COUNCILMEMBERS PRESENT: Troxell, Pignataro, Summers
STAFF PRESENT: Carrie Daggett, Ryan Malarky, Delynn Coldiron, Rita Knoll, Sara Gonzales
CITIZENS PRESENT: Robbie Moreland, Michael Pruznick, Michelle Haefele, Jody Deschenes, Psyche
Spangler, Roxanne Griffin, Lori Brunswig, Kathleen Schmidt, Dick Thomas,
Adolfine Thomas, Anne Thompson, Karen Wagner
1. CALL MEETING TO ORDER
Chair Pignataro called the meeting to order.
2. CITIZEN COMMENT
Robbie Moreland suggested new election laws should strive to meet the intent of the legislative declaration
in Chapter 7 of the Municipal Code. LLC contributions should be limited, and City law should match state law
to avoid the appearance of corruption. She also supported matching state law relative to the formation of
independent expenditure committees and stated the formation of an independent expenditure committee
should be required when donations in excess of $250 have been received, or an expenditure in excess of
$250 has occurred, and donor disclosures should be required for donations of $100 or more.
Jody Deschenes stated the City's high standards should include the highest level of transparency for voters.
She requested that contributions from individual voters be limited to $75 or $100 in total, regardless of how
many LLCs are owned by that individual. She also requested candidate committees be terminated in full at
the end of each election, including liquidating all unused campaign funds, and requested that all committee
and independent expenditure reporting forms be updated to digital versus PDFs to make filing, storage, and
review easier. Ms. Deschenes also requested an update regarding the vetting and hiring of an independent
redistricting consultant and supported the use of ranked choice voting. Additionally, she requested an update
on guidelines for employment as an election judge.
Kathleen Schmidt, League of Women Voters of Larimer County, requested the City change its law to match
the state law relative to campaign contribution limits from LLCs.
Michael Pruznick discussed his energy-neutral home and stated there is a large loophole in the LLC issue.
He discussed the “paid for by” requirement and penalties for campaign violations. He mentioned legalizing
vote buying.
Anne Thompson, League of Women Voters of Larimer County, stated the League was recently approached
by members of Represent Fort Collins regarding changes that should be made regarding contribution limits
from LLCs. Fort Collins should change its laws to match those of the state.
Michelle Haefele supported aligning Fort Collins regulations with those of the state regarding LLC
contributions, and supported ranked choice voting.
Roxanne Griffin supported aligning Fort Collins regulations with those of the state regarding LLC
contributions.
Karen Wagner opposed the outside influence of money on politics and supported aligning Fort Collins
regulations with those of the state regarding LLC contributions.
Richard Thomas supported aligning Fort Collins regulations with those of the state regarding LLC
contributions and stated any Councilmembers who have accepted a contribution from an LLC should recuse
themselves from votes related to developments.
Councilmember Summers noted not all LLCs are related to developers and that Fort Collins has the lowest
contribution limits of any municipality in the state. Election codes should provide the candidate the greatest
City of Fort Collins Page 2
control over his or her election if there is a concern about who is influencing elections. He also noted state
guidelines allow $400 contributions per individual and stated local City Councilmembers are not professional
politicians. He spoke in favor of keeping money directed to candidates for their use.
Chair Pignataro asked about changing the campaign finance report forms from PDFs. Knoll replied they are
fillable PDFs but they are scanned and posted online so as to ensure the Clerk's Office date stamp is reflected.
She suggested there could be another way to address that in the future.
Regarding ranked choice voting, Councilmember Summers commented on the low number of races over the
last several elections that had candidates receiving less than 50% of the vote.
Mayor Troxell commented on ranked voting not appearing to be necessary based on prior elections.
Councilmember Summers stated he would like to get some information from other Colorado municipalities
who use ranked choice voting.
Councilmember Pignataro asked about redistricting. City Clerk Coldiron stated census data will not be
available until the first quarter of 2021 and redistricting would be based on that.
3. APPROVAL OF JANUARY 10, 2020 COMMITTEE MEETING MINUTES
Mayor Troxell made a motion, seconded by Councilmember Summers, to adopt the January 10, 2020
Committee meeting minutes. The motion was adopted by unanimous consent.
4. DISCUSSION ITEMS
a. Civil versus criminal penalty options for election code violations
City Attorney Daggett stated the City has a history of limited enforcement action around campaign finance
issues and the Committee has discussed evaluating potentially changing violations from all violations being
a criminal misdemeanor to making some less egregious complaints civil infractions or administrative
violations.
Councilmember Pignataro mentioned the Committee decided at its previous meeting to leave the existing
“paid for by” requirements in place as they were just implemented in the previous code change cycle.
City Attorney Daggett stated the next meeting agenda is planned to include possible Charter amendments
related to elections.
Malarky presented information related to a possible new enforcement system. He noted the existing process
is complaint-based and complaints go through a review process by the City Attorney for probable cause, and
if probably cause is found, there would be further investigation and prosecution if deemed appropriate. All
violations of campaign finance requirements are currently criminal misdemeanors. This proposed system
makes most violations of the campaign finance requirements subject to civil penalties. Malarky outlined the
items that would remain criminal offenses under this system. The current proposal would disallow campaign
contributions from being used to pay administrative penalties.
Councilmember Summers disagreed with that recommendation.
Knoll discussed the reasoning for the draft language, stating donors provide contributions to aid in getting an
individual elected.
Councilmember Pignataro stated she could see both sides of the issue relating to whether or not campaign
contributions should be able to be used for fines.
Committee members and staff discussed the number of violations that would need to occur prior to a violation
becoming criminal.
City of Fort Collins Page 3
Councilmember Summers suggested the process related to joint account contributions would benefit from
being aligned with the state regulations.
Mayor Troxell commended the overall work of the City Attorney's Office stating the changes align with the
Committee discussions.
b. City regulation of LLC campaign contributions
Malarky stated this proposed language amends the campaign contributions and expenditures Code section
related to contribution limits. The change mirrors state law and would require an LLC to submit a written
statement to the candidate or candidate committee when it makes a contribution, providing the name and
address of all the members of the LLC, information on how the contribution will be attributed to those individual
members, and the contributions made by the LLC as they are attributed to the members. The contributions
would then count toward the individual contribution limits of the members.
Mayor Troxell asked about the situation in relation to a C-corporation. Malarky replied this is strictly related
to LLCs.
Mayor Troxell questioned the legal structure of an LLC and how it is considered beyond being a legal entity.
City Attorney Daggett stated she has not examined the rationale for looking at LLCs only as opposed to other
types of business entities, though it is likely because an LLC is easier to form and there are fewer related
consequences to forming an LLC than other types of business entities.
Councilmember Summers stated the rules as they are now are not discriminatory in terms of one candidate
over another and suggested changing the regulations will allow LLCs to make the same contributions to an
independent expenditure committee rather than to an individual candidate which takes control away from the
candidate.
Knoll commented on nested LLCs which may need to be addressed in these provisions. City Attorney Daggett
stated that could be addressed by requiring information if a member is not a natural person.
Mayor Troxell supported increasing the maximum donation amount for each individual if the LLC regulations
are changed.
Councilmember Pignataro stated she would not support that.
Councilmember Summers stated it would be interesting to have data related to LLC contributions from the
last election to ensure recommended changes are not reactionary.
Mayor Troxell stated he does not believe there is corruption involved in LLC contributions and questioned
whether changes would improve the system. He questioned what problem is being solved.
Councilmember Pignataro stated the problem as she sees it is that LLC contributions take the power away
from individual voters and place it with entities that have more money.
Mayor Troxell disagreed. Councilmember Summers noted individuals still cast ballots.
5. OTHER BUSINESS
Chair Pignataro suggested that joint account contributions be addressed at a later meeting.
6. ADJOURNMENT
The meeting adjourned by unanimous consent at 5:25 PM.
City of Fort Collins Page 1
May 1, 2020
ELECTION CODE COMMITTEE MEETING
3:30 PM
COUNCILMEMBERS PRESENT: Troxell, Pignataro, Summers, Stephens (alternate)
STAFF PRESENT: Carrie Daggett, Ryan Malarkey, Delynn Coldiron, Rita Knoll, Sara Gonzales
CITIZENS PRESENT: Michelle Haefele, Jody Deschenes, Kathleen Schmidt, Robbie Moreland, Jan Rossi
(Secretary's Note: Due to the COVID-19 crisis and state and local orders to remain safer at home and not
gather, all Councilmembers, staff, and public attended the meeting remotely, via teleconference.)
1. CALL MEETING TO ORDER
Chair Pignataro called the meeting to order and discussed the Zoom remote participation.
2. CITIZEN COMMENT
Kathleen Schmidt, Election Reform Team Chair for the League of Women Voters of Larimer County,
supported the City matching the state law regarding campaign contributions from LLCs.
Robbie Moreland thanked Council for its work during this time and supported a requirement to wear face
masks in public buildings. She expressed support for matching the state law regarding campaign
contributions from LLCs.
Jan Rossi opposed the current LLC contribution regulations in Fort Collins. stating money buys influence.
She supported aligning the City's regulations with the state law.
Michelle Haefele reiterated the City's legislative declaration for campaigns. Large campaign contributions
create the potential for corruption and the appearance of corruption and the public interest is best served by
limiting campaign contributions. She supported changing the City's election rules to align with those of the
state to limit the total contribution of any individual.
Jody Deschenes commended staff and Council for carrying on with responsibilities under unique and
challenging circumstances. She supported keeping campaign contribution limits as is, stating most grass
roots candidates would not receive a benefit from increased limits.
3. CONSIDERATION AND APPROVAL OF FEBRUARY 21, 2020 COMMITTEE MEETING MINUTES
Mayor Troxell made a motion, seconded by Councilmember Summers, to adopt the February 21, 2020
Committee meeting minutes. The motion was adopted by unanimous consent.
4. DISCUSSION ITEMS
a. City Regulation of LLC Campaign Contributions
Chair Pignataro stated her impression is that this Committee will not likely come to a strict agreement
regarding this item; therefore, she suggested no LLC changes be included in the package of changes sent to
Council and, if desired, the entire Council could take up the issue.
Councilmember Summers agreed noting the current LLC regulations have been in place for decades. He
took exception to statements of corruption without any type of proof.
Mayor Troxell agreed and stated the Committee should move on.
Chair Pignataro stated Mayor Troxell and Councilmember Summers are in favor of leaving the LLC
regulations unchanged; however, she is a proponent of changing them. The Committee will send its package
of changes forward to Council without changes in the LLC language at this time and the entire Council could
take up the issue at that time.
May 1, 2020
City of Fort Collins Page 2
b. Possible Charter Amendments Relating to Elections
i. Amend Article VIII, Section 9 Corrupt Practices
Assistant City Attorney Ryan Malarky stated this item concerns a section of the Charter that came to the
attention of Council and the Committee after the last election cycle. Several citizen complaints were filed
concerning alleged Election Code violations. Questions were raised as to the consequences or penalties if
an allegation is sustained and someone is ultimately convicted of an Election Code violation.
Malarky outlined the existing penalties, including a ban on holding City office or employment for a certain
number of years, which seem to be fairly significant and stated staff wanted to give the Committee an
opportunity to discuss this section to see if there is any interest in making changes.
Clarifying the portion that addresses “at a city election” could be considered. Malarky questioned if this
provision is intended to apply to election-related offenses that would have an impact on the outcome of an
election or call into question the propriety of City elections. He also noted there is a difference between civil
violations and criminal violations, the latter of which generally have stricter penalties. The Committee could
consider this provision being triggered only by a criminal violation as opposed to something that would be
strictly civil.
Mayor Troxell supported getting more information and involving more discussion, perhaps in the form of a
work session.
City Attorney Daggett suggested it may be helpful for staff to develop some different versions for consideration
at the next meeting.
Mayor Troxell and Chair Pignataro agreed with that suggestion.
City Attorney Daggett outlined what she has heard in the discussion including recognition that this section
needs to be related to what would be considered significant offenses that relate to an election or campaign.
(Secretary’s note: Councilmember Summers left the meeting at this point and Mayor Pro Tem Stephens
stepped in as Committee alternate)
ii. Amend Article VIII, Section 8 regarding participation in elections by political parties, city employees, public
service corporations or any other person intending to apply for a franchise or have a contract with the
City
City Attorney Daggett stated an executive session might be helpful to discuss legal issues. This item is on
the agenda as there were some issues that came up during the last election related to some employee
organizations and generally related to this section. The key part of the section staff is suggesting the
Committee may want to consider is the limitation on contributions or expenditures of any money or valuable
things, directly or indirectly, to assist in the election or defeat of a candidate by any of the following: a political
party, a City employee, a public service corporation, and any person, firm, or corporation owning, interested
in, or intending to apply for, any franchise or contract with the City.
Mayor Pro Tem Stephens made a motion, seconded by Mayor Troxell, that the Election Code Committee go
into Executive Session for the purpose of meeting with the City's attorneys and City Clerk's Office staff to
discuss the following matters as permitted under City Charter Article II, Section 11-2, City Code Section 2-
31(a)(2), and Colorado Revised Statute Section 24-6-402(4)(b): the manner in which the particular policies,
practices, or regulations of the City related to City elections may be affected by existing or proposed provisions
of federal, state, or local law. Yeas: Pignataro, Troxell, and Stephens. Nays: none.
THE MOTION CARRIED.
(Secretary 's Note: The Committee went into Executive Session at this point in the meeting and returned at
5:15 pm.)
May 1, 2020
City of Fort Collins Page 3
Chair Pignataro stated there is value in looking at this section more carefully at next month's meeting.
Mayor Troxell and Mayor Pro Tem Stephens concurred.
iii. Amend Article II, Section 4 to conform with Article II, Section 1(d) to reflect the selection of Mayor Pro
Tem does not occur until recount period has expired
City Attorney Daggett stated this issue was created when the Charter was amended in 2017, but a provision
was missed that needs to be modified, given the recount procedure and time needed to finalize the
certification of the election. This would be a corrective edit to the Charter that would ensure the newly elected
Council is selecting the Mayor Pro Tem. Staff has discussed an idea that sets a specific date for swearing in
of the new Council and subsequent actions, such as selecting a Mayor Pro Tem, would tie into that date.
City Clerk Coldiron stated a having a date certain for swearing in of new Councilmembers seems to make
sense as the Clerk's Office received many questions after the last election and there was disagreement as to
when to move forward with certain actions. This would build certainty into the process.
City Attorney Daggett noted the Charter states a Councilmember's term continues until a successor is sworn
in and having a date certain for the swearing in would provide more predictability.
Chief Deputy City Clerk Knoll stated a full course of a recount and election certification could be out as far as
the second Tuesday in May. She also noted there have been issues wherein some Councilmembers are
subject to a recount and others are not.
Chair Pignataro asked if the language could be changed to select the Mayor Pro Tem at the first regular
meeting after the new Council is sworn in. City Attorney Daggett replied that could work if it was made clear
that would occur after each seat is resolved and after the completion of any recount.
Chief Deputy City Clerk Knoll noted if no recount is requested, the opportunity to swear in Councilmembers
would be sooner, which is one argument against setting a date certain for swearing in. However, setting a
date certain would be more similar to county and state offices.
Chair Pignataro stated she would like to receive additional information from staff regarding preferences and
ease of understanding for voters as this is a Charter amendment.
Chair Pignataro suggested staff return at the next meeting with information as to what would be affected by
adding a date certain.
Mayor Troxell stated the entire Council should be seated prior to selecting a Mayor Pro Tem. He asked about
the timeframe for a requested recount. Deputy City Clerk Gonzales replied a recount must be requested
within five days after certification of the election, which is ten days after the election.
City Attorney Daggett suggested there could be two alternative set dates, one in the case of a recount, and
one if there is no recount. Chief Deputy City Clerk Knoll recommended that those two options are likely the
first meeting in May or the second meeting in May, or potentially a special meeting at the end of April.
Chair Pignataro suggested staff return with options at the next meeting.
Mayor Troxell suggested the swearing in does not necessarily need to occur on a Tuesday.
(Secretary's Note: Mayor Troxell left the meeting at this point.)
May 1, 2020
City of Fort Collins Page 4
iv. Amend Article VIII, Section 4(a) to eliminate requirement that the affidavit of circulator contain a
statement of the number of signers on that section of the petition
Chief Deputy City Clerk Knoll stated this provision was eliminated in one portion of the Charter, but staff
recently discovered a hold over of similar language in another section. This change will clarify that language.
Mayor Pro Tem Stephens stated that language cleanup makes sense.
5. OTHER BUSINESS
Mayor Pro Tem Stephens stated there may be some desire from the rest of Council to bring forward the issue
related to LLC campaign contributions and suggested staff may want to have language prepared.
City Attorney Daggett stated there may be benefit in having a Council work session to discuss some of these
issues.
Chair Pignataro noted the importance of timing as Charter amendments would need to be on the April ballot.
6. ADJOURNMENT
The meeting adjourned by unanimous consent at 5:43 PM.
City of Fort Collins Page 1
June 5, 2020
ELECTION CODE COMMITTEE MEETING
3:30 PM
COUNCILMEMBERS PRESENT: Troxell, Pignataro, Summers
STAFF PRESENT: Carrie Daggett, Ryan Malarky, Delynn Coldiron, Rita Knoll, Kelly DiMartino
CITIZENS PRESENT: Jody Deschenes, Robbie Moreland, Kathleen Schmidt, Kevin Jones, Jan Rossi,
Michele Haefele
(Secretary's Note: Due to the COVID-19 crisis and state and local orders to remain safer at home and not
gather, all Councilmembers, staff, and citizens attended the meeting remotely, via teleconference.)
1. CALL MEETING TO ORDER
Chair Pignataro called the meeting to order and discussed the Zoom remote participation.
2. CITIZEN COMMENT
Robbie Moreland thanked the Committee for sending the recommendation to eliminate anonymous
contributions to the entire Council. She stated there is no limit on donations from individuals to political
committees in Fort Collins but at the state level, that limit is $625 per two-year election cycle. She requested
the Committee address this campaign finance loophole as soon as possible. She requested confirmation on
her assertions that the limits do not exist, and that political committees can coordinate with candidates.
Jody Deschenes stated there are currently no limits on donations from individuals to political committees and
no prohibition of coordination between candidates and political committees. She requested contributions to
political committees be limited to $100. She thanked the Committee for recommending to Council that
anonymous donations be eliminated.
Kathleen Schmidt, League of Women Voters of Larimer County, thanked the Committee for its work. She
expressed support for matching the state law regarding campaign contribution limits from LLCs.
Chair Pignataro asked if it is true there is no limit on contributions to political committees and that there is no
prohibition of political committees coordinating with candidates. City Attorney Daggett replied the definitions
of the different types of committees do not necessarily describe contribution limits; however, there is a Code
provision that specifically states committees of all types shall not coordinate expenditures with any other such
committee in a manner that circumvents any restrictions or limitations on campaign contributions,
expenditures, or reporting. She stated there are no limits on expenditures of committees because the
campaign finance system in the Code, with the exception of the limitations on contributions to candidates, is
aimed at essentially bringing light to expenditures through disclosures. The reason for that is that First
Amendment protections exist for political speech.
City Attorney Daggett clarified there is a limit on contributions to candidates, but not to political or issue
committees. Staff is in the process of writing a memo addressing these topics.
Mayor Troxell noted self-funding of campaigns can occur as well and he discussed the importance of
candidates wanting to control their own messaging.
3. CONSIDERATION AND APPROVAL OF MAY 1, 2020 COMMITTEE MEETING MINUTES
Mayor Troxell made a motion, seconded by Councilmember Summers, to adopt the May 1, 2020 Committee
meeting minutes. The motion was adopted by unanimous consent.
June 5, 2020
City of Fort Collins Page 2
4. STAFF REPORT: Overview of Code changes previously approved by the Election Code Committee
and proposed timeline of changes to City's Election Code.
Ryan Malarkey, City Attorney's Office, outlined the previously approved Code changes which include the
elimination of anonymous donations, addressing allowing candidates to use unexpended candidate
committee contributions for a non-City election or a subsequent City election, and making the majority of
campaign finance violations administrative penalties rather than criminal violations, among other items.
Chief Deputy City Clerk Knoll stated there is one more ECC meeting scheduled as proposed Charter
amendments will need to go before the full Council by July or August to make the November ballot. The
timeline for Charter amendments is different as they must be put on the ballot by ordinance, which requires
two readings.
City Attorney Daggett noted staff has considered having a work session for the entire Council on July 14.
Chair Pignataro supported adding these items for discussion.
5. DISCUSSION ITEMS
a. Possible Charter Amendments
i. Consideration of possible amendment to City Charter Article VIII, Section 4(a) to eliminate the
requirement that the affidavit of circulator contain a statement of the number of signers on that
section of the petition.
(No discussion needed; ECC previously supported bringing this forward to City Council.)
ii. Consideration of possible amendment to City Charter Article II, Section 4 to conform with Article
II, Section 1(d) to reflect the selection of Mayor Pro Tem does not occur until recount period has
expired.
Knoll stated the last round of amendments included a change related to when Council takes office, but no
amendments were made to when the Mayor Pro Tem is selected, which has resulted in conflicting language.
She outlined options for language clarification and provided pros and cons for various options.
Mayor Troxell asked how long the outgoing Council would sit. Knoll replied they always remain until the new
members are sworn in.
Mayor Troxell suggested taking the two options to the work session perhaps with a preferred option from the
Commission.
Councilmember Summers stated it would be beneficial to get feedback from the full Council on this item.
Committee members and staff discussed the timeline issues with both options. Chair Pignataro stated the
option that provides more time could allow for onboarding to occur, which would be an advantage.
Councilmember Summers discussed the possibility of establishing a date for the oaths of office and selection
of the Mayor Pro Tem with the caveat that those dates would change if a recount is requested. Knoll replied
that is essentially option one; however, there is no way to predict when the date of swearing in will be until
the deadline to request a recount has passed.
Mayor Troxell asked what would trigger a mandatory recount. Knoll replied it is a difference of less than one
half of one percent; however, anyone can request a recount and fund it themselves.
Councilmember Summers stated he would favor option one. Mayor Troxell concurred and stated he would
prefer the swearing in to be closer to the election.
Councilmember Summers asked if the November coordinated election is occurring only for these issues. City
Clerk Coldiron replied these are the only City matters as of right now.
June 5, 2020
City of Fort Collins Page 3
Councilmember Summers asked about the cost of a coordinated election. City Clerk Coldiron replied the
cost is based on the number of registered voters, as well as the number of other jurisdictions that are
participating. The exact cost is difficult to determine, but there will be additional costs because it is a
presidential election. If the ballot becomes two pages, there is a significant additional cost. She estimated
the cost to be at least $200,000.
Councilmember Summers questioned whether that cost would be worth it when the items could be rolled into
the regular City election in April. City Attorney Daggett stated a ballot question could be written for the April
election that would make the effective date of the changes immediate.
Chair Pignataro suggested the Committee continue the discussion at the full Council work session.
Chair Pignataro asked if there is a hierarchy to be considered for the coordinated election. Knoll replied there
is a hierarchy for how questions are placed on the ballot, with municipalities following state and county items.
When the City participated in the 2012 presidential election, the cost to the City was $292,000, which did not
include a second page.
iii. Consideration of possible amendment to City Charter Article VIII, Section 9 regarding corrupt
practices.
City Attorney Daggett noted the issue that triggered this possible Charter amendment was the question about
campaign finance complaints and the risk that someone who is elected to office would be found to have had
a campaign finance violation. She stated the Code provisions reviewed by Malarky and the Commission over
the past few meetings address that issue for the most part. There have not been many issues with this
Charter provision from a practical standpoint.
City Attorney Daggett stated if there was concern about the Charter provision applying to activities in advance
of the April election, then a Charter change should perhaps be proposed to voters.
Chair Pignataro stated she is leaning toward leaving the provision as is for now.
Councilmember Summers supported leaving the provision as is or going with the option of deleting it and
having it in the Code as an ordinance. Mayor Troxell agreed.
City Attorney Daggett noted there is a challenge when discussing constraining someone from serving in a
Council seat if the ordinance is contained in the Code rather than a provision in the Charter.
City Attorney Daggett suggested Malarky explain options 2 and 3, as well. Malarkey replied there has been
a question as to the definition of “at a City election” and both options 2 and 3 attempt to clarify that. Option 2
contains a specific intent element which would make the provision a little more specific as to the type of
conduct it is trying to address. It also contains a timeframe limitation for specific offenses. Option 3 has the
same narrowing of timeframe and types of offenses, but without the specific intent element. Malarky
acknowledged trying to prove intent can be challenging.
Chair Pignataro stated the intent piece introduces more confusion.
City Attorney Daggett clarified this item deals with the mechanics of the election rather than campaign
activities.
Chair Pignataro asked what problem is being solved by this change. City Attorney Daggett replied the current
language is vague in the sense that it talks about violating any law at a City election. It may or may not be
an urgent problem in the sense that it has not actually been a problem other than during the last few elections
when the number of complaints has increased and there has been more risk of someone being convicted of
a campaign finance violation as a criminal misdemeanor. With the Code changes recommended by the
Committee, that will no longer an issue.
June 5, 2020
City of Fort Collins Page 4
Councilmember Summers made some language suggestions. City Attorney Daggett replied staff will return
with some options for how this could be approached at the next meeting.
iv. Consideration of possible amendment to City Charter Article VII, Section 8 regarding participation
in elections by political parties, City employees, public service corporations or any other person
intending to apply for a franchise or have a contract with the City.
The Committee postponed consideration of this item to the next meeting.
6. OTHER BUSINESS
None.
7. ADJOURNMENT
The meeting adjourned by unanimous consent at 5:00 PM.
City of Fort Collins Page 1
July 1, 2020
ELECTION CODE COMMITTEE MEETING
4:00 PM
COUNCILMEMBERS PRESENT: Troxell, Pignataro, Summers
STAFF PRESENT: Carrie Daggett, Ryan Malarky, Delynn Coldiron, Rita Knoll, Sara Gonzales
CITIZENS PRESENT: Jody Deschenes and Robbie Moreland
(Secretary's Note: Due to the COVID-19 crisis and state and local orders to remain safer at home and not
gather, all Councilmembers, staff, and citizens attended the meeting remotely, via teleconference.)
1. CALL MEETING TO ORDER
Chair Pignataro called the meeting to order and discussed the Zoom remote participation process.
2. CITIZEN COMMENT
Robbie Moreland stated she would like the Committee to discuss contribution limits to political committees.
Avenues of unlimited spending still exists at both the local and state levels in the form of issue committees
and independent expenditures.
Jody Deschenes noted the Committee did not agree to support limiting LLC contributions to candidate
committees; therefore, she and others reached out for support from the remaining Councilmembers at the
last Council meeting and she looks forward to the full Council discussion on implementing the change. Limits
should exist on contributions to political committees and she looks forward to a full Council discussion on this
as well. Deschenes requested discussions regarding updating campaign finance forms to some sort of
accessible online database and allowing electronic signature collection for petitions.
3. CONSIDERATION AND APPROVAL OF JUNE 5, 2020 COMMITTEE MEETING MINUTES
Mayor Troxell made a motion, seconded by Councilmember Summers, to adopt the June 5, 2020 Committee
meeting minutes. The motion was adopted by unanimous consent.
4. DISCUSSION ITEMS
a. Possible Charter Amendments
i. Consideration of possible amendments to City Charter Article VIII, Section 8 regarding
participation in elections by political parties, City employees, public service corporations or any
other person intending to apply for a franchise or have a contract with the City
City Attorney Daggett stated this item was placed on the agenda as there had been a great deal of question
and discussion during the 2019 election around this Section of the Charter and what the limit on City employee
direct or indirect contributions meant. In order for these changes to be in effect for the April 2021 election,
Charter amendments would need to be considered on the November ballot. At this point in time, there is no
specific plan to move forward with a special election in November and associated costs are expected to be
several hundred thousand dollars. It is worth considering whether trying to move this forward now is
necessary, though it is still possible should Council desire.
Councilmember Summers asked if this provision applies to Councilmembers. City Attorney Daggett replied
there is a distinction between the Council as elected officials, or City officers, and other City employees.
Mayor Troxell asked if this applies to any other type of election. City Attorney Daggett replied it only applies
to City Council candidate elections and does not interfere with employees participating on their own time
using their own resources regarding issues in a City election.
Mayor Troxell asked how this provision applies to spouses. City Attorney Daggett replied it is limited to
actions of the City employee.
July 1, 2020
City of Fort Collins Page 2
Mayor Troxell expressed support for increasing clarity, but suggested the Charter language should remain as
is.
Chair Pignataro agreed with Mayor Troxell and stated ballot wording is critical to lessen confusion.
City Attorney Daggett stated the Committee may want to state to the full Council it does not recommend
action in terms of putting this item on the November ballot, but may want to ask staff to consider what clarifying
language could be put in the Code to interpret the provision. Chair Pignataro and Mayor Troxell agreed with
that assessment.
ii. Consideration of possible amendments to City Charter Article VIII, Section 9 regarding corrupt
practices
Ryan Malarky, Assistant City Attorney, stated this item came to Council's attention in the last election cycle
when there was an enforcement action that implicated this provision, specifically the portion that would have
disqualified a person from holding Council office. In response to some of the concerns raised, staff
researched the issue to attempt to bring some clarity to the purpose of the provision and what issues it may
be trying to address. Research did not provide any clear answer as to what “at a City election” means;
therefore, staff has provided some options to help bring clarity to the meaning of the Charter provision.
Malarky stated switching from a criminal process to an administrative penalty process would aid in alleviating
concerns raised about this Section. One approach could be to not recommend a change to this Section now
and see how the Council decides to approach the administrative penalty process. Another approach could
be to send the administrative process to Council while simultaneously moving forward with changes to this
language.
City Attorney Daggett noted there was discussion at the last Committee meeting about a modification to the
Charter that would include a reference to disqualifying events and that could be included in a package of
Charter changes when others come forward.
Mayor Troxell supported the first option to not act on the Charter language aspect at this time. Chair Pignataro
agreed.
Councilmember Summers stated it makes sense to have administrative penalties for things that are not
corrupt practices. He discussed the importance of contextualizing City policies.
City Attorney Daggett stated staff will work to have the Code changes finalized for discussion at the upcoming
Council work session and consideration in August.
5. OTHER BUSINESS
a. Petitioning Process Update
Chair Pignataro noted the Colorado Supreme Court declared today that online petitions are not to be allowed.
Malarky stated the Court issued a ruling in a case that specifically challenged the Governor's order allowing
online petitioning. The Court ruled online petitioning is unconstitutional as the state constitution requires in-
person petitioning. He stated the effect of this on the City will be examined by staff.
Mayor Troxell noted there have been active signature solicitors recently.
Chair Pignataro asked if the Clerk's Office is still working on making campaign forms searchable. Chief
Deputy City Clerk Knoll replied the date stamping issue has been resolved; however, forms are not required
to be filled electronically; therefore, some handwritten reports are still received and those would have to be
scanned and would not be searchable. She would like to require all parties to use the provided Excel
spreadsheet, however, there were issues in the last election where people converted those to other software,
and they were not formatted properly when returned. Forms returned in proper Excel format can be converted
to a searchable PDF.
July 1, 2020
City of Fort Collins Page 3
Chair Pignataro asked how to require candidates to use the provided Excel spreadsheet. Knoll replied staff
has yet to discuss whether that can be legislated in the Code. City Attorney Daggett replied that could be
examined to be included as part of the August changes.
Committee members and staff discussed the reporting requirements.
Mayor Troxell commended the City Clerk's Office for being service-oriented, particularly for first-time
candidates.
Knoll noted the Excel spreadsheet format is helpful to avoid math errors.
City Attorney Daggett noted the Code already states that reports are to be submitted on forms provided by
the City Clerk.
Chair Pignataro commended staff work on the memo regarding political committees.
Malarky stated the memo responds to some questions that came up at a recent Council meeting following
public comment. The questions include how political action committees are regulated by the City Code,
whether there is a limit on the amount of contributions that can be made to a political committee, and whether
political committees have the ability to coordinate with other types of committees.
Knoll noted the City does not allow political committees to make contributions to candidate committees,
though the state law does.
City Attorney Daggett noted any time the City is taking action that limits political activity, it creates a need to
ensure First Amendment issues are being considered.
Chair Pignataro noted political committees, small-scale issue committees, and issue committees do not have
contribution limits and asked if all three types of committees have the same types of attributes. City Attorney
Daggett replied small-scale issue committees are handling so little money that the requirements to which they
are subject has been pared back, pursuant to applicable case law. When one of those committees grows
beyond that threshold, it becomes an issue committee. Issue committees focus on ballot questions whereas
political committees are focused on candidate races, although they cannot coordinate with, nor make direct
contributions to, candidates.
Chair Pignataro stated she is not comfortable making a change at this point.
City Clerk Coldiron stated there are no additional Committee meetings scheduled and noted the work of the
Committee would typically stop at this point until after the next election. Staff will put forth an item calling for
a special election in November simply as a placeholder.
Chair Pignataro asked if the Committee would need to meet again should Charter amendments be desired
to be placed on the April ballot. City Clerk Coldiron replied that could either go before the Committee at
another meeting or could go before the full Council.
Chair Pignataro suggested not scheduling another meeting at this time but waiting until after the work session
to see if it would be needed. Mayor Troxell and Councilmember Summers concurred.
6. ADJOURNMENT
The meeting adjourned by unanimous consent at 4:55 PM.
August 25, 2020
Proposed Election Code Amendments
Delynn Coldiron, Rita Knoll, Ryan Malarky
ATTACHMENT 5
Strategic Alignment
2
High Performing
Government
7.2
Maintain the public trust
through a high
performing board, as
well as organizational
transparency, legal and
ethical behavior and
regulatory compliance.
High Performing
Government
7.9
Proactively influence
policy and legislative
development at all
levels.
Questions for Council
1. What concerns or questions do Councilmembers have regarding the
proposed Code amendments?
2. Are Councilmembers ready for staff to bring the proposed Code
amendments forward for Council consideration on September 1,
2020?
3
Major Changes from Last Round
4
• Committee Structure, Registration and Termination
• Filing Requirements
• Contributions/Expenditures
• Campaign Finance Reporting
• Campaign Regulations
• Independent Expenditures
• Complaints
• Ballot Processing
• Post-Election Items Source: lovethispic.com
City Campaign Committees – Part One
Category Definition - Purpose Register
?
Reports
?
“Paid for
By”
?
Candidate
Committee
One or more persons for common purpose of receiving
contributions or making expenditures under authority of
candidate; open and active until terminated.
YES
YES
YES
Political
Committee
Two or more persons associated for common purpose
of accepting contributions or making expenditures to
support or oppose one or more candidates OR
Any person accepting contributions for that purpose.
YES
YES
YES
5
City Campaign Committees – Part Two
Category Definition - Purpose Register
?
Reports
?
“Paid for
By”
?
Small-Scale
Issue
Committee
Two or more persons associated for common purpose
of accepting contributions or making expenditures to
support or oppose any ballot issue or ballot question OR
Any person accepting contributions for that purpose.
NO until
$200
Received
Or
Spent
NO until
$200
Received
Or
Spent
NO until
$200
Received
Or
Spent
Issue
Committee
Two or more persons associated for common purpose
of accepting contributions or making expenditures to
support or oppose any ballot issue or ballot question OR
Any person accepting contributions for that purpose.
YES
YES
YES
6
Independent Expenditures
Category Definition - Purpose Register
?
Reports
?
“Paid for
By”
?
Independent
Expenditures
Payment of money by other than a committee to
advocate the election, defeat or recall of a candidate
or supporting or opposing a ballot issue or ballot
question. (Excludes news articles or other unpaid
public media, expenditures in the regular course of
scope of business by an organization to its
members/employees.
NO
YES
If total
$250 or
more
Must
report on
all.
YES
7
Changes Proposed this Round
• Elimination of Non-Itemized Contributions
• Use of Unexpended Campaign Funds
• Carry Over of Candidate Committee Contributions
• Changes to the Campaign Finance Violation Process
• Financial Disclosure Statement Filing
• Regulation of Limited Liability Company (LLC) Contributions
• Limitations of Contributions to Political Committees
8
Non-Itemized Contributions
9
Source: Masterfile.com
Source: en.Wikipedia.org
Proposed change would ensure all
contributions are accounted for. No
more anonymous donations.
Source: boardeffect.com
Unused Campaign Contributions
10
City
Candidate
City
Candidate
(Proposed)
City
Candidate
Federal
Race
State
Race
County
Race
City
Race
January 2021
Carry Over of Funds and Committee Name
11
2019
ABC
Committee
Remaining
Campaign
Balance
2021
ABC
Committee
Starting
Campaign
Balance
Campaign Violation Process
12
Issue Recommended Action
Civil penalty process
• Initial review by City Attorney
• 7-day cure period for alleged
violations
• Civil infraction process before
Municipal Court
• Fines imposed for items not cured.
Criminal penalty process
• Fraudulent misrepresentation
• Offering/accepting bribes
• When found liable for two previous
violations
Amend Code to:
• Make incomplete/inconsistent reports subject
to a civil penalty process
• Create schedule of civil violations together
with monetary penalties
• Create new Code language for processing
complaints subject to civil penalty process
• Change hearing process to include an
assistant judge (might impact budget)
• Eliminate provision that allows a complainant
to bring a civil action in District Court
Proposed Violations and Penalties
13
Code Section Fine Amount
7-134 – Registration of committees; termination. $150 first offense; $300 each subsequent
offense
7-135 – Campaign contributions/expenditures. $100 first offense; $200 each subsequent
offense
7-136 – Disclosure; filing of reports. $100 first offense; $200 each subsequent
offense
7-137(b) – Reports to be public record. $50 first offense; $100 each subsequent offense
7-138 – Unexpended campaign contributions. $100 first offense; $200 each subsequent
offense
7-139 – Independent expenditures $100 first offense; $200 each subsequent
offense
7-140 – Responsibility for communications. $50 first offense; $100 each subsequent offense
7-141 – Expenditures for political advertising;
rates and charges.
$50 first offense; $100 each subsequent offense
Limited Liability Contributions
14
Image from showmeinstitute.org
• LLCs are considered a “person” (separate from a natural person).
• LLC can make the maximum allowable contribution to a candidate.
• Does not count towards the maximum allowable contribution a natural
person (who may be part of the LLC) can contribute.
Local
Provisions
• Contributions from an LLC must be accompanied by a written
statement indicating how the contribution is attributed among the LLC
members.
• Attributed contribution counts toward the aggregate contribution limit of
an individual as a person.
State
Provisions
Limitation on Contributions to Political Committees
15
Image from showmeinstitute.org
• Can accept contributions or make expenditures to support or oppose
one or more candidates. No limits on contributions.
• Cannot make direct contributions to any other committees.
• Cannot coordinate expenditures with other committees in a manner
that circumvents restrictions or limitations on campaign contributions.
Local
Provisions
• Limits the amount of contributions that can be received and made to
other committees.
• Allows Political Committees to make direct contributions to candidate
committees.
State
Provisions
Clean Up Item
Financial Disclosure Filing Requirements
• Aligns filing requirements for seated
and new Councilmembers
•May 15th
of each year.
16
Photo Credit: becklaw.net
Charter Changes
• Article II, Section 4 – Date of Selection of Mayor Pro Tem
• Article VIII, Section 4(a) – Affidavit of Circulator
• Article VIII, Section 8 – Participation by political parties, city employees
and public service corporations.
• Article VIII, Section 9 – Corrupt Practices.
17
Questions for Council
1. What concerns or questions do Councilmembers have regarding the
proposed Code amendments?
2. Are Councilmembers ready for staff to bring the proposed Code
amendments forward for Council consideration on September 1,
2020?
18
contributions/makes
expenditures in an
aggregate amount
between $200 and
$5000
Issue Committee (1) Two (2) or more persons who are elected, appointed or chosen, or have associated themselves, for the purpose of
accepting contributions or making expenditures to support or oppose any ballot issue or ballot question; or
(2) Any person that has accepted contributions for the purpose of supporting or opposing any ballot issue or ballot
question.
Issue committee shall not include small-scale issue committees as otherwise defined in this Section.
Yes Yes Yes No Yes Yes
Person making an
Independent
Expenditure
Independent expenditure means the payment of money by any person for the purpose of advocating the election, defeat
or recall of a candidate, which expenditure is not controlled by, or coordinated with, any candidate or any agent of such
candidate. Independent expenditure includes expenditures for political messages which unambiguously refer to any
specific public office or candidate for such office. Independent expenditure also includes the payment of money by any
person for supporting or opposing a ballot issue or ballot question that is not controlled by, or coordinated with, an issue
committee or a small-scale issue committee. Independent expenditure shall include, but not be limited to,
advertisements placed for a fee on another person's website or advertisement space provided for no fee or a reduced
fee where a fee ordinarily would have been charged.
Independent expenditure shall not include:
(1) Expenditures made by persons in the regular course and scope of their business and political messages sent solely
to their members;
(2) Expenditures made by small-scale issue committees; or
(3) Any news articles, editorial endorsements, opinion or commentary writings, or letters to the editor printed in a
newspaper, magazine or other periodical not owned or controlled by the candidate, or communications other than
advertisements posted or published on the internet for no fee.
No Yes
When expenditures
total in the
aggregate more
than $250
No No Yes Yes
When expenditures
total in the
aggregate more
than $250
Person means any individual, partnership, committee, association, corporation, labor organization or other organization or group of persons.
ATTACHMENT 3
City Attorney’s Office
300 Laporte Avenue
PO Box 580
Fort Collins, CO 80522
970.221.6520
970.221.6327
fcgov.com
City Clerk
300 LaPorte Avenue
PO Box 580
Fort Collins, CO 80522
970.221.6515
fcgov.com/cityclerk