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Home My WebLink AboutAgenda - Mail Packet - 5/31/2022 - Election Code Committee Agenda - May 31, 2022 City Clerk 300 LaPorte Avenue PO Box 580 Fort Collins, CO 80522 970.221.6515 970.221-6295 - fax fcgov.com/cityclerk AGENDA City Council Election Code Committee May 31, 2022, 10:00‐11:30 p.m. CIC Conference Room, City Hall, 300 Laporte Ave Remote Participation available Public Participation Options: Watch the Meeting: Anyone can view the Election Code Committee (ECC) meeting live: Join Zoom Meeting https://fcgov.zoom.us/j/98646910924 Meeting ID: 986 4691 0924 Public Comment: Individuals who wish to address the Committee via remote public participation can do so through the link provided above. The meeting will be available beginning at 11:30 a.m. Monday. To participate: You need to have a laptop or computer with a microphone and/or headset that includes a microphone. You need to have access to the internet. Join the Zoom meeting listed above. Keep yourself on muted status. Note: If you are unable to participate via Zoom, you may attend the meeting in person (however, we have very limited capacity based on social distancing recommendations). Alternatively, you may provide comments to the Committee via email prior to 11:30 a.m. at cityleaders@fcgov.com. Emails will be read by City Leaders; however, not read into the formal meeting record. Committee Members: Mayor Jeni Arndt – Vice Chair Councilmember Tricia Canonico, District 3 ‐ Chair Councilmember Kelly Ohlson, District 5 Councilmember Julie Pignataro, District 2 (alternate) 2021-2022 Main Topics of Discussion in Priority Order 1) Redistricting 2) Campaign Finance Provisions 3) November Elections 4) RCV 5) Public Financing of Elections 6) Election Oversight Board 7) Partisan/Non‐Partisan Elections 001 1. Call Meeting to Order 2. Roll Call 3. Public Comment ‐ 30 minutes total (limited to 5 minutes per speaker max) 4. Public Comment Follow‐up 5. Consideration and approval of the May 9, 2022, Committee Meeting Minutes Attachment: May 9, 2022 Draft Minutes 6. Consideration of Redistricting Options and Possible Recommendation Attachments: Agenda Memo and Draft Maps 7. Review of Potential Charter Amendment Ballot Questions Attachments: Agenda Memo; Draft Ballot Questions 8. Review of Potential Campaign Finance Code Amendments Attachments: Agenda Memo; Draft Code Amendments 9. Review of Timeline for Priorities:  May 2022 Call for Special Election ‐ COMPLETED  June/July 2022 Redistricting Ordinance  June/July 2022 Present ballot language to Council; Campaign finance amendments ordinance to Council 10. Other Business 11. Adjournment Next Scheduled Election Code Committee Meeting: 12:00‐1:30 p.m., June 27, 2022 (shifted one week later due to holiday on standard meeting date) 002 City of Fort Collins Page 1 May 9, 2022 ELECTION CODE COMMITTEE MEETING 12:00 PM COUNCILMEMBERS PRESENT: Canonico, Ohlson, Francis STAFF PRESENT: Marcus Bodig, Rita Knoll, Ryan Malarky, Tammi Pusheck, Carrie Daggett, Anissa Hollingshead, Kelly DiMartino CITIZENS PRESENT: Martha Coleman, Sarah Tar, William Russell, Nick Armstrong, Marge Norskog, Robbie Moreland 1. CALL MEETING TO ORDER 2. ROLL CALL 3. PUBLIC COMMENT Martha Coleman discussed using Census data throughout her career as a geographer, including to assist with state redistricting. She presented a map option for City redistricting that would keep the current districts similarly shaped with the fewest boundary changes possible and a maximum deviation of 8.4%, which is within the 10% threshold. Additionally, she stated the map keeps Councilmembers within their districts, does not create unnecessary changes, and primarily maintains County precincts. Sarah Tar expressed support for referring ranked choice voting to the ballot and commented on the success of the public outreach campaign related to the topic. William Russell expressed support for keeping the City’s district boundaries as close to the current boundaries as possible. Nick Armstrong expressed support for option two presented by staff for redistricting. He also commented on needed infrastructure in the northeast part of town and expressed support for ranked choice voting. Marge Norskog commented on the proposed redistricting options expressing concern about possibly dividing her neighborhood which has four distinct boundaries and should be represented by one Councilmember. Robbie Moreland expressed support for the draft ranked choice voting ballot language as well as for the campaign finance Code changes. She thanked the Committee for its work on the issues. 4. PUBLIC COMMENT FOLLOW-UP City Attorney Daggett noted there are different redistricting, or reapportionment, processes at the state level and at other levels; the City’s process is driven mainly by the Charter with some constitutional principles that have been applied. She noted the standard that is most critical for this process is what is laid out in the Charter and requires six contiguous, reasonably compact districts, each of which shall consist of contiguous, undivided general election precincts, and, to the extent reasonably possible, an equal number of inhabitants. She noted it will therefore be important to ensure contiguity and compactness when considering redistricting in the city. Chair Canonico asked if there is anything problematic with Ms. Coleman’s suggested option. City Attorney Daggett replied it should be considered whether the contiguity and compactness are compromised and whether the 8.4% deviation is acceptable when other options have a much smaller level of deviation. Chair Canonico clarified the staff option two has a 9% deviation and option one has 5.19%. 003 City of Fort Collins Page 2 Councilmember Ohlson stated Ms. Coleman’s option three seems to be a better option as it is not as dramatic a shift from the historic precedent. He commented on the fact that some of the districts will naturally be more compact than others. Mayor Pro Tem Francis expressed concern about the dramatic changes contemplated in the two staff- proposed options. She encouraged additional analysis by staff of the option presented by Ms. Coleman. Marcus Bodig, GIS Manager, replied staff has already determined the option to be viable and accurate. Chair Canonico concurred the two staff-proposed options were concerning in the changes they proposed and stated option three achieves the requirements of the Charter. City Attorney Daggett suggested staff and the Committee may want to take a bit more time to examine the third option. She also suggested moving the next Committee meeting up to allow for one more prior to the June 21st Council meeting, the agenda for which includes this item and other election-related items. 5. CONSIDERATION AND APPROVAL OF THE APRIL 18, 2022 COMMITTEE MEETING MINUTES Councilmember Ohlson made a motion, seconded by Chair Canonico, to approve the minutes of the April 18, 2022 Committee meeting. The motion was adopted unanimously. 6. PRESENTATION OF REDISTRICTING OPTIONS AND POSSIBLE RECOMMENDATION (**Secretary’s Note: This topic was discussed as part of Public Comment and Follow-up.) 7. REVIEW OF POTENTIAL BALLOT QUESTIONS City Clerk Hollingshead presented proposed ballot question language and potential Charter language changes. Councilmember Ohlson supported the language provided for both the ranked choice voting and November elections ballot questions. Chief Deputy City Clerk Knoll asked if there is a preference for the order of the questions on the ballot, which is how they should be presented in the agenda materials for the full Council. City Attorney Daggett noted the language was developed to ensure the passage of either or both items would not create issues. Mr. Armstrong suggested the City create some type of educational video or FAQ page describing the difference between the current election system and the election system that would exist with ranked choice voting and November elections. 8. REVIEW OF POTENTIAL CAMPAIGN FINANCE CODE AMENDMENTS City Attorney Daggett noted the yellow highlighted items represent substantive changes from the previous discussion and she outlined those changes. Members and staff discussed mailing list purchasing and in-kind donations of services provided versus volunteering. Mr. Armstrong suggested individuals who are asked to do something they otherwise do professionally should be required to report the service as an in-kind donation. Councilmember Ohlson expressed support for a $75 limit for an in-kind donation. Mayor Pro Tem Francis noted not everyone has the ability to contribute $75 but can contribute skills or time, and limiting that value to $75 could have unintended consequences for candidates who may not have a network of individuals who can donate cash. 004 City of Fort Collins Page 3 City Attorney Daggett stated staff could return with language options and stated there may be some value in distinguishing between contributions of work from more formal, organized providers and from a person who may have certain skills in an area. Members agreed to further discuss the in-kind donation topic. City Attorney Daggett outlined additional potential campaign finance code amendments including reporting threshold changes and language relating to political committees. Chair Canonico commented specifically on billboard costs and some candidates reporting those as $75 in-kind donations. Mr. Armstrong commented on campaigns relying on vendors to detail costs rather than putting the onus on candidates to determine the value of certain in-kind contributions. Chair Canonico stated there should be some responsibility on the part of the candidate to look into what other candidates were charged for the same item. Councilmember Ohlson commented on his desire to ensure transparency in in-kind contributions. City Attorney Daggett stated there may be a way to guide candidates to carefully examine in-kind contributions that are likely to be worth more than $75. City Attorney Daggett outlined possible changes to election infractions and the use of committee funds to pay penalties. Members agreed to further discuss certain issues. Staff committed to working to find an earlier date for the next meeting. 9. PROPOSED TIMELINE No discussion. 10. OTHER BUSINESS None. 11. ADJOURNMENT The meeting adjourned by unanimous consent at 1:36 PM 005 006 Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY May 31, 2022 Election Code Committee SUBJECT Consideration of Redistricting Options and Possible Recommendations EXECUTIVE SUMMARY Adjustment of City district boundaries (aka redistricting) must occur following certain triggers in the City Charter, including the decennial census. The deadline to complete this process is 180 days prior to the next regular City election (currently scheduled in April 2023). The Committee’s primary consideration at this meeting is whether it is prepared to submit one or more options for new district configurations to the full City Council for public hearing and adoption on first reading on June 21. The Committee may submit options with or without a recommendation. BACKGROUND / DISCUSSION Materials provided at the May 9 Election Code Committee meeting included two initial options for potential new district boundaries (the “GIS options”), as well as reports from the City Clerk outlining the redistricting process and from the Colorado Municipal League on considerations for municipal redistricting in Colorado. The number of options the City’s GIS division was able to produce for consideration was severely constrained by the requirements of the Charter, including the requirement to use general election precincts established by Larimer County as the building blocks for districts. In re-precincting following the 2020 census, Larimer County created all new (larger) precincts, greatly reducing the total number of precincts within Fort Collins. This reduced number of precincts has been the largest constraint on developing district options that maintain required population balance. Immediately prior to the May 9 ECC meeting, an additional option for district boundaries was presented to the Council by a Fort Collins resident (the “resident option”). At the May 9 meeting, all three map options were reviewed by the Committee. A preference for the third option was generally indicated. An additional meeting of the Committee was scheduled to allow for further analysis of the third option by the City’s GIS, Legal, and City Clerk staff. Following additional analysis, an additional GIS option has been prepared that is based upon the resident option. Both the resident option and this additional option are being presented to the Committee for further consideration. The additional option changes the placement of precinct 362 in District 6 for purposes of contiguity and shows what that deviation would be. Late in the process of analysis, GIS has identified additional issues for the redistricting process with the way the general election precincts were established. In addition to not following City limit boundaries, precincts also divide census blocks in several instances, making obtaining accurate population counts challenging. Because of the timing of this discovery, analysis is still ongoing at the time agenda materials for the May 31 meeting need to go to publication. Staff anticipates being able to elucidate these issues and their impact more fully by the time of the meeting. ATTACHMENTS Draft Maps and Current District Map NOTE: Previous staff-generated maps presented as Options 1 and 2 have been withdrawn from consideration as there appeared to be no support for them. The Resident Option is now Option 1, and a staff variation on the Resident Option is presented as Option 2 007 008 ^ ^ ^ ^ ^ ^ E COUNTY ROAD 38S COLLEGE AVE W HORSETOOTH RD W MULBERRY ST S SHIELDS STLAPORTE AVE S TIMBERLINE RDS LEMAY AVESTRAUSSCABIN RDZIEGLERRDRIV E R SI D E AV E S OVERLAND TRLE MULBERRY ST W DRAKE RD E PROSPECT RD W WILLOX LN S TAFT HILL RDW VINE DR COUNTRY CLUB RD E V INE DR RICHARDS LAKE RD W MOUNTAIN AVE E W ILLOXLN E TRILBY RD W PROSPECT RD JE F F E R S O N S T E DOUGLAS RD COUNTY ROAD 54G NLEMAY AVEN COLLEGE AVEWCOUNTYROAD 38E E COUNTY ROAD 50MOUNTAIN V I S T A D R N TIMBERLINE RDS COUNTY ROAD 13TERRYLAKERDS US HIGHWAY 287G R E G O R Y R D KECHTER RDN SHIELDS STE HORSETOOTH RD STATE HIGHWAY 392 W HARMONY RD W DOUGLAS RD N U S HI G H W A Y 2 8 7 NOVERLANDTRLE COUNTY ROAD 36 MAIN STW TRILBY RD E DRAKE RD E L I N C O L N AV E CARPENTER RD E COUNTY ROAD 52 S COUNTY ROAD 11S S UMMI T V I EW D R S COUNTY ROAD 5N COUNTY ROAD 17E COUNTY ROAD 48 S COUNTY ROAD 19N COUNTY ROAD 5S COUNTY ROAD 9NTAFTHILLRDE COUNTY ROAD 54 N COUNTY ROAD 9E HARMONY RD District 2 District 5 District 4 District 6 District 1 District 3 407 400 690 355 490 390 368 369 301 603 606 600 601 602 205 693 103 206 343 306 300 104 309 311 329 336 335 328 330 334 326348 349 337 338 314327 315 352 351 353 354 331 332 333 356 357 350 347 365 364 360 345 342 346 340 321 341 322 211 209 210 325 317 316324 366 358 359 367 307 310 313 312 308 323 339 362 344 363 361 303 320 319 318 305 304 302 Printed: May 26, 2022 169,810 28,302 3.7%4.7%8.4% Total Population Ideal District Populaion Highest Change Lowest Change Maximum Deviation District 1 28302 28715 101.5%1.5% District 2 28302 28728 101.5%1.5% District 3 28302 26984 95.3%-4.7% District 4 28302 29357 103.7%3.7% District 5 28302 28883 102.1%2.1% District 6 28302 27143 95.9%-4.1% District Ideal Population Total Population Percentage of Ideal Percentage From Ideal Redistricting Option 1 District 1 District 2 District 3 District 4 District 5 District 6 County Precinct ^Council Member Locations 362Precinct ID: Redistricting - Option 1 Resident Option (previously labeled as Option 3) 009 010 Redistricting Option 2 District 1 District 2 District 3 District 4 District 5 District 6 County Precinct ^Council Member Locations ^ ^ ^ ^ ^ ^S COLLEGE AVE W HORSETOOTH RD W MULBERRY ST S SHIELDS STLAPORTE AVE S TIMBERLINE RDS LEMAY AVE N US HIG H W A Y 2 8 7 STRAUSSCABIN RDZIEGLERRDRI V E R S I D E AV E S OVERLAND TRLW DRAKE RD E PROSPECT RD W WILLOX LN S TAFT HILL RDW VINE DR COUNTRY CLUB RD E V I N E DR RICHARDS LAKE RD W MOUNTAIN AVE E WILLOXL NE TRILBY RD W PROSPECT RD E COUNTY ROAD 38 E MULBERRY ST JE F F E R S O N S T E DOUGLAS RD COUNTY ROAD 54G N LEMAY AVEN COLLEGE AVEWCOUNTYROAD 38E E COUNTY ROAD 50MOUNTAIN V I S T A D R N TIMBERLINE RDTERRYLAKERDG R E G O R Y R D KECHTER RDN SHIELDS STS COUNTY ROAD 5E HORSETOOTH RD STATE HIGHWAY 392 W HARMONY RD W DOUGLAS RD NOVERLANDTRLE COUNTY ROAD 36 MAIN STW TRILBY RD E DRAKE RD ELIN C O L N A V E S COUNTY ROAD 13CARPENTER RD E COUNTY ROAD 52 S COUNTY ROAD 11SSU MMI T V I EW D R S US HIGHWAY 287N COUNTY ROAD 17E COUNTY ROAD 48 N COUNTY ROAD 5NTAFTHILLRDS COUNTY ROAD 19S COUNTY ROAD 9E COUNTY ROAD 54 N COUNTY ROAD 9E HARMONY RD District 2 District 5 District 4 District 6 District 1 District 3 407 400 690 355 490 390 368 369 301 603 606 600 601 602 205 693 103 206 343 306 300 104 309 311 329 336 335 328 330 334 326348 349 337 338 314327 315 352 351 353 354 331 332 333 356 357 350 347 365 364 360 345 342 346 340 321 341 322 211 209 210 325 317 316324 366 358 359 367 307 310 313 312 308 323 339 362 344 363 361 303 320 319 318 305 304 302 Printed: May 26, 2022 169,810 28,302 -5.6%3.73%9.32% Total Population Ideal District Populaion Lowest Change Highest Change Maximum Deviation District 1 28302 28715 101.5%1.5% District 2 28302 28728 101.5%1.5% District 3 28302 26984 95.3%-4.7% District 4 28302 29357 103.7%3.7% District 5 28302 26718 94.4%-5.6% District 6 28302 29308 103.6%3.6% District Ideal Population Total Population Percentage of Ideal Percentage From Ideal 362Precinct ID: Redistricting - Option 2 New Staff Option (slight variation to Resident Option) 011 012 ^ ^ ^ ^ ^ ^ E COUNTY ROAD 38S COLLEGE AVE W HORSETOOTH RD W MULBERRY ST S SHIELDS STLAPORTE AVE S TIMBERLINE RDS LEMAY AVESTRAUSSCABIN RDZIEGLERRDRIV E R SI D E AV E S OVERLAND TRLE MULBERRY ST W DRAKE RD E PROSPECT RD W WILLOX LN S TAFT HILL RDW VINE DR COUNTRY CLUB RD E V INE DR RICHARDS LAKE RD W MOUNTAIN AVE E W ILLOXLN E TRILBY RD W PROSPECT RD JE F F E R S O N S T E DOUGLAS RD COUNTY ROAD 54G N LEMAY AVEN COLLEGE AVEWCOUNTYROAD 38E E COUNTY ROAD 50MOUNTAIN V I S T A D R N TIMBERLINE RDS COUNTY ROAD 13TERRYLAKERDS US HIGHWAY 287G R E G O R Y R D KECHTER RDN SHIELDS STE HORSETOOTH RD STATE HIGHWAY 392 W HARMONY RD W DOUGLAS RD N U S HI G H W A Y 2 8 7 NOVERLANDTRLE COUNTY ROAD 36 MAIN STW TRILBY RD E DRAKE RD E L I N C O L N AV E CARPENTER RD E COUNTY ROAD 52 S COUNTY ROAD 11S S UMMI T V I EW D R S COUNTY ROAD 5N COUNTY ROAD 17E COUNTY ROAD 48 S COUNTY ROAD 19N COUNTY ROAD 5S COUNTY ROAD 9NTAFTHILLRDE COUNTY ROAD 54 N COUNTY ROAD 9E HARMONY RD District 2 District 5 District 4 District 6 District 1 District 3 Printed: May 26, 2022 169,810 28,302 3.7%4.7%8.4% Total Population Ideal District Populaion Highest Change Lowest Change Maximum Deviation District 1 28302 28715 101.5%1.5% District 2 28302 28728 101.5%1.5% District 3 28302 26984 95.3%-4.7% District 4 28302 29357 103.7%3.7% District 5 28302 28883 102.1%2.1% District 6 28302 27143 95.9%-4.1% District Ideal Population Total Population Percentage of Ideal Percentage From Ideal Council District (Option 1) Race Other Than White / Total Population 11% - 15% 16% - 18% 19% - 22% 23% - 31% 32% - 43% There is no population recorded for these areas County Precinct ^Council Member Locations Redistricting - Option 1 Resident Option (previously labeled as Option 3) 013 014 Council District (Option 2) Race Other Than White / Total Population 11% - 15% 16% - 18% 19% - 22% 23% - 31% 32% - 43% There is no population recorded for these areas County Precinct ^Council Member Locations ^ ^ ^ ^ ^ ^S COLLEGE AVE W HORSETOOTH RD W MULBERRY ST S SHIELDS STLAPORTE AVE S TIMBERLINE RDS LEMAY AVE N US HIG H W A Y 2 8 7 STRAUSSCABIN RDZIEGLERRDRI V E R S I D E AV E S OVERLAND TRLW DRAKE RD E PROSPECT RD W WILLOX LN S TAFT HILL RDW VINE DR COUNTRY CLUB RD E V I N E DR RICHARDS LAKE RD W MOUNTAIN AVE E WILLOXL NE TRILBY RD W PROSPECT RD E COUNTY ROAD 38 E MULBERRY ST JE F F E R S O N S T E DOUGLAS RD COUNTY ROAD 54G N LEMAY AVEN COLLEGE AVEWCOUNTYROAD 38E E COUNTY ROAD 50MOUNTAIN V I S T A D R N TIMBERLINE RDTERRYLAKERDG R E G O R Y R D KECHTER RDN SHIELDS STS COUNTY ROAD 5E HORSETOOTH RD STATE HIGHWAY 392 W HARMONY RD W DOUGLAS RD NOVERLANDTRLE COUNTY ROAD 36 MAIN STW TRILBY RD E DRAKE RD E L I N C OL N AV E S COUNTY ROAD 13CARPENTER RD E COUNTY ROAD 52 S COUNTY ROAD 11SSU MMI T V I EW D R S US HIGHWAY 287N COUNTY ROAD 17E COUNTY ROAD 48 N COUNTY ROAD 5NTAFTHILLRDS COUNTY ROAD 19S COUNTY ROAD 9E COUNTY ROAD 54 N COUNTY ROAD 9E HARMONY RD District 2 District 5 District 4 District 6 District 1 District 3 Printed: May 26, 2022 169,810 28,302 -5.6%3.73%9.32% Total Population Ideal District Populaion Lowest Change Highest Change Maximum Deviation District 1 28302 28715 101.5%1.5% District 2 28302 28728 101.5%1.5% District 3 28302 26984 95.3%-4.7% District 4 28302 29357 103.7%3.7% District 5 28302 26718 94.4%-5.6% District 6 28302 29308 103.6%3.6% District Ideal Population Total Population Percentage of Ideal Percentage From Ideal Redistricting - Option 2 New Staff Option (slight variation to Resident Option) 015 016 ^ ^ ^ ^ ^ ^ E COUNTY ROAD 38S COLLEGE AVE W HORSETOOTH RD W MULBERRY ST S SHIELDS STLAPORTE AVE S TIMBERLINE RDS LEMAY AVESTRAUSSCABIN RDZIEGLERRDRIV E R SI D E AV E S OVERLAND TRLE MULBERRY ST W DRAKE RD E PROSPECT RD W WILLOX LN S TAFT HILL RDW VINE DR COUNTRY CLUB RD E V INE DR RICHARDS LAKE RD W MOUNTAIN AVE E W ILLOXLN E TRILBY RD W PROSPECT RD JE F F E R S O N S T E DOUGLAS RD COUNTY ROAD 54G N LEMAY AVEN COLLEGE AVEWCOUNTYROAD 38E E COUNTY ROAD 50MOUNTAIN V I S T A D R N TIMBERLINE RDS COUNTY ROAD 13TERRYLAKERDS US HIGHWAY 287G R E G O R Y R D KECHTER RDN SHIELDS STE HORSETOOTH RD STATE HIGHWAY 392 W HARMONY RD W DOUGLAS RD N U S HI G H W A Y 2 8 7 NOVERLANDTRLE COUNTY ROAD 36 MAIN STW TRILBY RD E DRAKE RD E L I N C O L N AV E CARPENTER RD E COUNTY ROAD 52 S COUNTY ROAD 11S S UMMI T V I EW D R S COUNTY ROAD 5N COUNTY ROAD 17E COUNTY ROAD 48 S COUNTY ROAD 19N COUNTY ROAD 5S COUNTY ROAD 9NTAFTHILLRDE COUNTY ROAD 54 N COUNTY ROAD 9E HARMONY RD District 2 District 5 District 4 District 6 District 1 District 3 Printed: May 26, 2022 169,810 28,302 3.7%4.7%8.4% Total Population Ideal District Populaion Highest Change Lowest Change Maximum Deviation District 1 28302 28715 101.5%1.5% District 2 28302 28728 101.5%1.5% District 3 28302 26984 95.3%-4.7% District 4 28302 29357 103.7%3.7% District 5 28302 28883 102.1%2.1% District 6 28302 27143 95.9%-4.1% District Ideal Population Total Population Percentage of Ideal Percentage From Ideal Council District (Option 1) Hispanic Population / Total Population 7% - 8% 9% - 10% 11% - 14% 15% - 18% 19% - 34% There is no population recorded for these areas County Precinct ^Council Member Locations Redistricting - Option 1 Resident Option (previously labeled as Option 3) 017 018 Council District (Option 2) Hispanic Population / Total Population 7% - 8% 9% - 10% 11% - 14% 15% - 18% 19% - 34% There is no population recorded for these areas County Precinct ^Council Member Locations ^ ^ ^ ^ ^ ^S COLLEGE AVE W HORSETOOTH RD W MULBERRY ST S SHIELDS STLAPORTE AVE S TIMBERLINE RDS LEMAY AVE N US HIG H W A Y 2 8 7 STRAUSSCABIN RDZIEGLERRDRI V E R S I D E AV E S OVERLAND TRLW DRAKE RD E PROSPECT RD W WILLOX LN S TAFT HILL RDW VINE DR COUNTRY CLUB RD E V I N E DR RICHARDS LAKE RD W MOUNTAIN AVE E WILLOXL NE TRILBY RD W PROSPECT RD E COUNTY ROAD 38 E MULBERRY ST JE F F E R S O N S T E DOUGLAS RD COUNTY ROAD 54G N LEMAY AVEN COLLEGE AVEWCOUNTYROAD 38E E COUNTY ROAD 50MOUNTAIN V I S T A D R N TIMBERLINE RDTERRYLAKERDG R E G O R Y R D KECHTER RDN SHIELDS STS COUNTY ROAD 5E HORSETOOTH RD STATE HIGHWAY 392 W HARMONY RD W DOUGLAS RD NOVERLANDTRLE COUNTY ROAD 36 MAIN STW TRILBY RD E DRAKE RD E L I N C OL N AV E S COUNTY ROAD 13CARPENTER RD E COUNTY ROAD 52 S COUNTY ROAD 11SSU MMI T V I EW D R S US HIGHWAY 287N COUNTY ROAD 17E COUNTY ROAD 48 N COUNTY ROAD 5NTAFTHILLRDS COUNTY ROAD 19S COUNTY ROAD 9E COUNTY ROAD 54 N COUNTY ROAD 9E HARMONY RD District 2 District 5 District 4 District 6 District 1 District 3 Printed: May 26, 2022 169,810 28,302 -5.6%3.73%9.32% Total Population Ideal District Populaion Lowest Change Highest Change Maximum Deviation District 1 28302 28715 101.5%1.5% District 2 28302 28728 101.5%1.5% District 3 28302 26984 95.3%-4.7% District 4 28302 29357 103.7%3.7% District 5 28302 26718 94.4%-5.6% District 6 28302 29308 103.6%3.6% District Ideal Population Total Population Percentage of Ideal Percentage From Ideal Redistricting - Option 2 New Staff Option (slight variation to Resident Option) 019 020 407 400 491 690 207 355 490 390 368 369 301 603 405409426 606 600 406408 427 205 693 401 103 206 343 306 300 102 104 309 311 329 336 335 328 330334 326348 349 337 338 314327 315 352 351 353 354 331 332 333 356 357 350 347 365 364 360 345 342 346 340 321 341 322 211 209 210 325 317 316324 366 358 359 367 307 310 313 312 308 323 339 362 344 363 361 303 320 319 318 305 304 302 Printed: May 25, 2022 City Limits County Voting Precincts County Precincts Within City Limits 021 022 Maxar W VINE DR W DRAKE RD W PROSPECT RD LAPORTE AVE W MULBERRY ST S OVERLAND TRLN OVERLAND TRL2155335390 2155335369 2154935103 2146535343 2145335365 2145335364 2156535210 2145335366 2145335362 2145335344 2145335363 2020 Census Block Population Within Precinct 2145335362 Printed: May 25, 2022 County Voting Precinct 2145335362 City Limits 2020 Census Blocks Within Precinct 2145335362 and City Limits POP: 551 POP: 1,605 POP: 9 023 024 Pleas a n t Val l eyan d LakeCanalSpring C re e k CachelaPoudre Re se r vo ir In le tLakeCanalBoxelderCreekB o x eld e r CreekJackso n Ditch LittleCacheL a Poudr e Ditch CachelaPoudreRiver L arimer C o u nty C a n al N o. 2 Larimer and W el dCanal C a che la PoudreReservoirInlet Dixo n C anyon LateralLarimerCountyCanalNo. 2NewMe rcerDitchC a c h e la PoudreRiver LarimerandWe ldCanalNo. 8 OutletB o x eld er Ditc hFossil Creek LakeC a n al ArthurDitchPleasantValley a n d L a k eCanal S p r in gCreekF o s s il Creek Fossil Creek Spr in g C reekM a ilCreek D i tc h Boxel der Cr eekF o s s il C reekRese rv o ir I nl et B o x elder D itch C a c h e la Pou dreRiverLake Canal NewMercerDitchDixonCreek M cC lellandsChannelFoothills C hannelSher w o od LateralWes t660 0No rth650 0 400 0 600100 500400270 0360 0310 0560 0360 0150 0300 03100 3000 700350 0210 0100410 0760 0460 0200 0160 0Eas tSou th550 0200 0750 0 1700 11002100100 0160 0 2600 1100450 0260 0250 0 100 0 C B Z Y X W V U T S R Q P O N M L K J I H G FE D 19 212018171615141312111098765432 E Prospect Rd SCollegeAveS TaftHill RdWDrakeRdL a p o r t eAveWHorset oo th RdNTaftHillRdWMulberry S t S ShieldsStRiversideAve S Overland TrlW Prosp ect Rd STimberlineRdE Trilby R d N USHighway 287 SLemayAveS S u m mitVie w Dr StraussCabinRdZieglerRd9th StE Dr ak e R d W Laure l St Countr y Clu b Rd WCountyRoad38EW E li za bet h St W M ou ntain Av e E Willo xLn E Mulber r y S tTurnberryRd State Highway 392 W W illox Ln CountyRoad 54G WVin e Dr Remington StN Overland TrlTerryLakeRdE VineDrRic har ds La ke RdN County Road 17E Co unty Road 4 8 LandingsDrE CountyRoad 38 E DouglasRdNLemayAveBo ardwalk DrGregoryRd W Har m ony Rd E Co unty Road 5 0Mountain Vis taDr E L in colnAve E Ha rmon y Rd N Timberline RdE Hors eto oth RdLindenmeier RdSMasonStKech ter R dN Shields StS County Road 5S Howes StW Douglas Rd Main StE Co unty Road 3 6Lincoln AveW T r il b y R d E Su niga Rd Car pe nter R d SCountyRoad13 E C o unt y R oad 30 S US Highway 287E Co unty Road 52 S County Road 11N CountyRoad 19N County Road 5E Co unt y Road 5 4 S County Road 19Giddings RdN County Road 9S County Road 9!"`$WXYZÉ WXYZô WXYZÕ WXYZÕ I³ I³I³2145 3353 29 2155 1355 03 2145 3353 28 2145 2352 40 2145 2352 49 2145 3353 14 2145 2352 52 2145 2352 25 2145 2352 23 2154 9354 26 2234 9358 04 2154 9354 39 2145 3353 15 2154 9354 29 2145 3353 41 2155 2356 01 2145 2352 33 2145 3353 32 2155 2356 02 2145 3353 13 2234 9358 06 2155 2356 03 2234 9358 03 2155 3357 01 2145 2352 18 2145 3353 04 2145 3353 27 2145 2352 34 2145 2352 38 2234 9358 01 2145 3353 18 2234 9358 02 2145 2352 35 2154 9354 41 2145 2352 22 2145 2352 03 2145 2352 26 2145 2352 47 2145 2352 02 2145 2352 20 2145 2352 36 2145 2352 27 2235 2351 01 2145 2352 05 2154 9354 07 2145 3353 35 2234 9358 05 2145 2352 10 2155 1355 01 2145 2352 42 2145 2352 01 2145 2352 19 2145 2352 24 2154 9354 28 2145 3353 40 2145 3353 30 2154 9354 37 2155 3357 03 2155 1355 02 2145 2352 39 2145 2352 32 2145 3353 01 2145 2352 51 2145 2352 04 2154 9354 27 2145 3353 17 2145 3353 23 2145 2352 37 2145 2352 30 2145 3353 10 2145 3353 25 2145 2352 17 2145 2352 45 45 68 31 23 21 89 14 5 84 66 85 104 57 72 80 19 34 8 2 59 50 9 60 83 69 78 91 35 51 55 75 67 27 28 26 30 102 6 25 9 79 105 81 97 94 41 77 37 110 33 9 10 62 64 63 82 106 48 38 88 20 36 15 29 90 11 46 32 13 70931087376101434418 24 98 58 53 42 100 65 87 74 92 103 109 49 3 7 4 147 61 99 56 40 16 22 17 12 107 52 869695 54 39 City of For t Col lin sDistrict-P r ec in ct M ap Print ed: Jan uar y 01, 2022 0 0.5 1 1.5 2 Miles 1:64,000Scale ©Eff ec tive : Apr il 23, 201 9 CITY OF FORT COLLINSGEOGRAPHIC INFORMATION SY STEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only,and were not designed or intended for general use by m embers of the public. The City makes no representation or warranty as to its accuracy, timeliness, or com pleteness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placem ent of location of any map featur es thereon. THE CITY OF FORT COLLINS M AKES NO WARRAN TY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, m ap applications, or data, accepts them AS IS, W ITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the C ity harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaim s, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity.Co un cil Di str ict s M ay or - Jen i Ar nd t Dist rict 1 - Su san G ut ow sky Dist rict 2 - Ju l ie P ig n at ar o Dist rict 3 - Tri cia C an o n ico Dist rict 4 - Sh irl e y Pe e l Dist rict 5 - KellyOhlso n Dist rict 6 - Emi ly Go rg o l Co un ty Pre cin ct Wat e r F ea t ur es GrowthManagementAreaRailroad 025 026 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY May 31, 2022 Election Code Committee SUBJECT Review of Potential Charter Amendment Ballot Questions EXECUTIVE SUMMARY Two potential ballot questions to amend the City Charter have been prepared for the Election Code Committee’s consideration prior to consideration by the full City Council for potential adoption and placement on the November 2022 special election ballot to be conducted in coordination with Larimer County. This includes: 1. Coordinating regular municipal elections with Larimer County in November of odd years 2. Conducting municipal elections using Ranked-Choice Voting (RCV) BACKGROUND / DISCUSSION The Election Code Committee has been considering these two questions for several months. Exploring the option for November elections was identified as a priority of the City Council at the onset of its current term in 2021. Placing Charter amendments on the ballot by the Council is accomplished through the adoption of an ordinance. At this time, consideration of ordinances for these two ballot questions is tentatively scheduled for first reading before the full Council on June 21, 2022, and second reading on July 5, 2022. ATTACHMENTS Draft Ballot Question Language for each topic, including markup versions of associated Charter language changes 027 028 Election Code Committee Discussion Draft ‐‐ May 26, 2022 CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. ___ (November Elections) Shall Article VIII of the Charter of the City of Fort Collins, regarding the conduct of City elections, be amended to:  make the regular city election date the first Tuesday in November of every odd- numbered year, instead of the first Tuesday after the first Monday in April of every odd-numbered year,  extend current terms of the Mayor and each Councilmembers until successors are elected in November of the appropriate odd-numbered year and take office, without altering the number of terms each such officer may serve,  allow for coordinated elections to be conducted by the County Clerk and Recorder and clarify the applicable law for coordinated elections,  allow Council to adjust the time frame for candidate nominations and withdrawals up to 180 days prior to the election, and  make minor conforming edits; and shall Article II of the Charter, regarding membership, terms and organization of the City Council, be amended to provide that City officers elected in a November election shall be sworn in and take office, and a Mayor Pro Tem shall be elected, at a special Council meeting on the second Tuesday of January next after such election? Yes/For No/Against CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. ___ (Ranked Voting) Shall Article VIII of the Charter of the City of Fort Collins, regarding the conduct of City elections, be amended to:  require that for all regular city elections after January 1, 2025, the offices of Mayor and all District Councilmember positions shall be elected using a “ranked voting method,” pursuant to the applicable Colorado statutes or, for City- conducted elections, procedures and deadlines adopted by the City Council by ordinance,  clarify the applicable law for coordinated elections, and  make minor conforming edits, and shall Article IX of the Charter, regarding recall, be amended to incorporate the ranked voting method set out in Article VIII? Yes/For No/Against 029 (NOVEMBER ELECTIONS) FORT COLLINS CHARTER ARTICLE II. CITY COUNCIL Fort Collins, Colorado, Municipal Code Created: 2022‐03‐18 10:46:56 [EST] (Supp. No. 141) Page 1 of 8 ARTICLE II. CITY COUNCIL Section 1. Membership; terms. (a) Composition of Council. The Council shall consist of seven (7) members, including a Mayor and Mayor Pro Tem, elected as provided in this Article. (b) Method of election. The Mayor shall be nominated and elected from the city at large. The remaining six (6) members shall be nominated and elected by Districts. The election of District Councilmembers shall alternate between the election of representatives for Council Districts 1, 3 and 5 and the election of representatives for Council Districts 2, 4 and 6. (c) Council district boundaries. The city shall be divided into six (6) contiguous, reasonably compact districts, each of which shall consist of contiguous, undivided general election precincts and, to the extent reasonably possible, an equal number of inhabitants. The districts shall be numbered consecutively in a clockwise fashion beginning with the northeast district, which shall be District 1. The Council shall establish by ordinance the process for adjusting district boundaries and giving notice of any proposed boundary changes, and the manner of protesting such proposed changes. (d) Terms. Except as otherwise provided in Section 18 of this Article and Section 3(d) of Article IX, the term of office of the Mayor shall be two (2) years, and the term of office of all other members of the Council shall be four (4) years each; provided, however, that all such officers shall serve until their successors have been elected and have taken office. The terms of the Mayor and other members of the Council shall begin when they take the oath of office, which shall occur as the first order of business at the first regular ora special Council meeting on the second Tuesday of January next after the following the final certification of election results and after expiration of the recount period, or, if appointed, the first regular or special Council meeting following their appointment. (Ord. No. 23, 1981, 2‐17‐81, approved, election 4‐7‐81; Ord. No. 94, 1972, 1‐4‐73, approved, election 2‐20‐73; Ord. No. 197, 1986, § 1, Parts A, B, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 154, 1988, 12‐20‐88, approved, election 3‐7‐89; Ord. No. 100, 1990, 9‐4‐90, approved, election 11‐6‐90; Ord. No. 15, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97; Ord. No. 011, 2011, § 1, 2‐15‐11, approved, election 4‐5‐11; Ord. No. 001, 2017 , § 2, 1‐17‐17, approved, election 4‐4‐17) Section 2. Qualifications of candidates and members; challenges. (a) An individual shall be eligible to be a candidate for the office of Councilmember if at the time of the election he or she is a citizen of the United States; is at least twenty‐one (21) years of age; has been for one (1) year immediately preceding such election an elector of the city; and, in the case of a District Councilmember, has continuously resided in the District from which he or she is to be elected since the date of accepting any nomination for election under Article VIII, Section 3, of this Charter. (b) No person who has been convicted of a felony shall be eligible to be a candidate for, or hold, the office of Councilmember. (c) No person shall be eligible to stand for election to more than one (1) elective office at any single municipal election. During a term of office, no member of the Council shall be an employee of the city or hold any other elective public office. No person shall be elected or appointed to any city office, position or employment for 030 Created: 2022‐03‐18 10:46:56 [EST] (Supp. No. 141) Page 2 of 8 which the compensation was increased or fixed by the Council while such person was a member thereof until after expiration of one (1) year from the date when such person ceased to be a member of the Council. (d) Any registered elector may file with the City Clerk a written protest challenging the qualifications of any member of the Council. Any such protest shall be resolved by the City Clerk as expeditiously as possible but no more than forty‐five (45) days from the date of filing of the protest, pursuant to a procedure established by the Council by ordinance. In order to resolve such protests, the City Clerk shall have the power to subpoena witnesses, administer oaths, and require the production of evidence. No protest shall be filed prior to the date of appointment or the date of issuance of the certificate of election of a Councilmember, whichever is applicable, nor shall any such protest, other than a protest based upon the fact of a felony conviction, be filed more than fifteen (15) days after said date. (e) The fact that a Councilmember may be determined to have lacked any qualification for the office of Councilmember during all or any portion of his or her term of office shall not affect the validity of any action taken by the Council during such Councilmember's term of office. (Res. No. 71‐12, 2‐11‐71, approved, election 4‐6‐71; Ord. No. 5, 1983, approved, election 3‐8‐83; Ord. No. 202, 1986, § 1, Part X, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 100, 1990, 9‐4‐90, approved, election 11‐6‐90; Ord. No. 20, 1991, § 1, 2‐19‐91, approved, election 4‐2‐91; Ord. No. 20, 1993, § 1, 2‐16‐93, approved, election 4‐6‐93; Ord. No. 15, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97) Section 3. Compensation of members. Commencing in 1998, the compensation for all Councilmembers except the Mayor shall be five hundred dollars ($500.) per month and the compensation of the Mayor shall be seven hundred fifty dollars ($750.) per month. These amounts shall be adjusted annually thereafter for inflation in accordance with the Denver/ Boulder Consumer Price Index. (Ord. No. 12, 1977, 2‐15‐77, approved, election 4‐5‐77; Ord. No. 198, 1986, § 1, Part A, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 100, 1990, 9‐4‐90, approved, election 11‐6‐90; Ord. No. 16, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97) Editor's note(s)—See § 2‐575 of the City Code for current salaries of Councilmembers. Section 4. Organization. The Mayor shall preside at meetings of the Council and shall be recognized as head of the city government for all ceremonial purposes and by the Governor of the state for purposes of military law. The Mayor shall execute and authenticate legal instruments requiring the signature of the Mayor. The Mayor shall also perform such other duties as may be provided by ordinance which are not inconsistent with the provisions of this Charter. At the first regular or special meeting after final certification of a City electionat which newly‐elected officers take their oath of office as described in Section 2(d) of this Article, and after expiration of the recount period, the Council shall elect a Mayor Pro Tem for a two (2) year term from among the members of the Council to act as Mayor during the absence or disability of the Mayor. If a vacancy occurs in the position of Mayor, the Mayor Pro Tem shall become Mayor as provided in Section 18(b) below. If a vacancy occurs in the position of Mayor Pro Tem, whether through resignation or otherwise, the Council shall at the first regular or special meeting after the occurrence of such vacancy elect a new Mayor Pro Tem to serve for the remainder of the vacated term. (Ord. No. 11, 1969, 2‐27‐69, approved, election 4‐8‐69; Ord. No. 202, 1986, § 1, Part X, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 100, 1990, 9‐4‐90, approved, election 11‐6‐90; Ord. No. 15, 1997, § 1, 2‐4‐97, approved, 031 Created: 2022‐03‐18 10:46:56 [EST] (Supp. No. 141) Page 3 of 8 election 4‐8‐97; Ord. No. 001, 2017 , § 2, 1‐17‐17, approved, election 4‐4‐17; Ord. No. 011, 2021 , § 2, 1‐19‐21, approved, election 4‐6‐21) Section 5. Powers. All powers of the city and the determination of all matters of policy shall be vested in the Council except as otherwise provided by this Charter. Without limitation of the foregoing, the Council shall have power to: (a) appoint and remove the City Manager; (b) establish, change, consolidate or abolish administrative offices, service areas or agencies by ordinance, upon report and recommendation of the City Manager, so long as the administrative functions and public services established by this Charter are not abolished in any such reorganization. The city shall provide for all essential administrative functions and public services, including, but not limited to the following: (1) fire suppression and prevention; (2) police services; (3) finance and recordkeeping; (4) electric utility services; (5) water supply and wastewater services; (6) street maintenance; (7) storm drainage; (8) planning and zoning. (c) adopt the budget of the city; (d) authorize the issuance of bonds by ordinance as provided by this Charter; (e) inquire into and investigate any office, service area, or agency of the city and the official acts of any officer or employee thereof, and to compel by subpoena attendance and testimony of witnesses and production of books and documents; (f) adopt plats; (g) adopt and modify the official map of the city; (h) provide for independent audits of all funds and accounts of the city. (Ord. No. 18, 1973, 2‐15‐73, approved, election 4‐3‐73; Ord. No. 202, 1986, § 1, Part A, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 15, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97; Ord. No. 22, 2001, § 2, 2‐20‐01, approved, election 4‐3‐01) Section 6. Ordinances, resolutions, motions. The Council shall act by ordinance, resolution, or motion. The ayes and nays shall be recorded on the passage of all ordinances, resolutions, and motions. Every Councilmember present shall vote; if a member fails to vote when present, he or she shall be recorded as voting in the affirmative. All legislative enactments and every act creating, altering, or abolishing any agency or office, fixing compensation, making an appropriation, authorizing the borrowing of money, levying a tax, establishing any rule or regulation for the violation of which a penalty is imposed, or placing any burden upon or limiting the use of private property, shall be by ordinance, which shall not be so altered or amended on the final passage as to change the original purpose. 032 Created: 2022‐03‐18 10:46:56 [EST] (Supp. No. 141) Page 4 of 8 All ordinances, except the annual appropriation ordinance and any ordinance making a general codification of ordinances, shall be confined to one (1) subject which shall be clearly expressed in the title. All ordinances shall be formally introduced at a regular or special Council meeting in written or printed form by any member of the Council and considered on first reading and action taken thereon. No ordinance, except an emergency ordinance, shall be finally passed on the first reading or at the meeting at which it is first introduced. An emergency ordinance may be formally introduced at a special Council meeting and action taken thereon, including final passage at such special meeting. Reading of an ordinance shall consist only of reading the title thereof, provided that copies of the full ordinance proposed shall have been available in the office of the City Clerk at least forty‐eight (48) hours prior to the time such ordinance is introduced for each member of the City Council, and for inspection and copying by the general public, and provided further that any member of the City Council may request that an ordinance be read in full at any reading of the same, in which case such ordinance shall be read in full at such reading. Final passage of all ordinances except emergency ordinances shall be at a regular Council meeting. Emergency ordinances shall require for passage the affirmative vote of at least five (5) members of the Council and shall contain a specific statement of the nature of the emergency. No ordinance granting any franchise or special privilege which involves a benefit to any private person or entity shall ever be passed as an emergency ordinance. The enacting clause of all ordinances passed by the Council shall be as follows: "Be it ordained by the Council of the City of Fort Collins." (Ord. No. 3, 1961, 2‐23‐61, approved, election 4‐4‐61; Ord. No. 94, 1972, 1‐4‐73, approved, election 2‐20‐73; Ord. No. 18, 1973, 2‐15‐73, approved, election 4‐3‐73; Ord. No. 202, 1986, § 1, Part X, 12‐16‐86, approved, election 3‐3‐ 87; Ord. No. 203, 1986, § 1, Part A, 12‐16‐86, approved, election 3‐3‐87) Section 7. Ordinances, publication and effective date. Every proposed ordinance, except an emergency ordinance, shall be published in full at least seven (7) days before its final passage on the city's official internet web site. In addition, each such ordinance shall be published in a newspaper of general circulation in the city by number and title only, together with a statement that the full text is available for public inspection and acquisition in the office of the City Clerk and on the city's internet web site. Both publications shall contain a notice of the date when said proposed ordinance will be presented for final passage. The City Clerk shall, within seven (7) days after final passage of any such ordinance, publish such ordinance in the same method as is required for the first publication. All ordinances, except emergency ordinances, shall take effect on the tenth day following their passage. An emergency ordinance shall take effect upon passage and shall be published as provided above within seven (7) days thereof. Standard codes and codifications of ordinances of the city may be published by title and reference in whole or in part. Ordinances shall be signed by the Mayor, attested by the City Clerk and published without further certification. The Council may enact any ordinance which adopts any code by reference in whole or in part provided that before adoption of such ordinance the Council shall hold a public hearing thereon and notice of the hearing shall be published twice in the newspaper of general circulation, published in the city, one (1) of such publications to be at least eight (8) days preceding the hearing and the other at least fifteen (15) days preceding the hearing. Such notice shall state the time and place of the hearing and shall also state that copies of the code to be adopted are on file with the City Clerk and open to public inspection. The notice shall also contain a description which the Council deems sufficient to give notice to persons interested as to the subject matter of such code and the name and address of the agency by which it has been promulgated. The ordinance adopting any such code shall set forth in full any penalty clause in connection with such code. (Ord. No. 11, 1967, 2‐9‐67, approved, election 4‐4‐67; Ord. No. 18, 1973, 2‐15‐73, approved, election 4‐3‐73; Ord. No. 205, 1984, approved, election 3‐5‐85; Ord. No. 15, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97; Ord. No. 93, 2005, § 1, 9‐6‐05, approved election 11‐1‐05) 033 Created: 2022‐03‐18 10:46:56 [EST] (Supp. No. 141) Page 5 of 8 Section 8. Disposition of ordinances. A true copy of every ordinance, when adopted, shall be numbered and recorded in a book marked "Ordinance Record," and adoption and publication shall be authenticated by the signatures of the Mayor and the City Clerk, and by the certificate of the publisher, respectively. The ordinances as adopted by the vote of the qualified electors of the city shall be separately numbered and recorded. Section 9. Ordinance codification. The Council shall cause the permanent ordinances to be codified. Such codification may be of the entire body of permanent ordinances or of the ordinances on some particular subject and may be re‐enacted by the Council or authenticated in such other manner as may be designated by ordinance. No codification ordinance shall be invalid on the grounds that it deals with more than one (1) subject. The first codification shall be completed within five (5) years of the effective date of this Charter and subsequent codifications shall be made thereafter as deemed necessary by the Council, and all permanent ordinances adopted thereafter shall be codified at least once a year. (Ord. No. 202, 1986, § 1, Part P, 12‐16‐86, approved, election 3‐3‐87) Section 10. Proof of charter and ordinances. This Charter and any ordinance passed by the Council may be proved by a copy thereof certified to by the City Clerk under the seal of the city and, when printed in a book or pamphlet form purporting to be authorized by the city, the same shall be received as prima facie evidence by courts without further proof. Section 11. Meetings, quorum, executive session. The Council shall hold regular meetings at such time and place as it may prescribe by ordinance and shall prescribe the manner in which special meetings may be called. Notice of any special meeting shall be given to all Councilmembers no less than one (1) day prior to such meeting. All meetings shall be open to the public. A majority of the members of Council shall constitute a quorum sufficient to transact business. A smaller number can adjourn a meeting to a later date and time, and in the absence of all members, the City Clerk may adjourn any meeting for not longer than one (1) week. In the event of an emergency, natural disaster, or unforeseen circumstance that renders the holding of a meeting undesirable or impracticable, the City Manager may, with agreement of the Mayor, cancel a City Council meeting and shall make a reasonable attempt to notify the public and the other members of Council of such cancellation before the scheduled time of the meeting. No other action, except to adjourn, may be taken by the Council in the absence of a quorum, unless the absence of a quorum is due to the filing of conflict of interest disclosure statements by all absent members, in which event at least three (3) remaining members may transact business. By majority vote of those present and voting, the Council may approve any action of the Council except the passage of emergency ordinances and the approval of executive sessions. By two‐thirds (2/3) vote of those present and voting, the Council may go into executive session, which shall be closed to the public. Executive sessions may only be held to: (1) discuss personnel matters; or (2) consult with attorneys representing the city regarding specific legal questions involving litigation or potential litigation and/or the manner in which particular policies, practices or regulations of the city may be affected by existing or proposed provisions of federal, state or local law; or (3) consider water and real property acquisitions and sales by the city; or (4) consider electric utility matters if such matters pertain to issues of competition in the electric utility industry. 034 Created: 2022‐03‐18 10:46:56 [EST] (Supp. No. 141) Page 6 of 8 (Ord. No. 94, 1972, 1‐4‐73, approved, election 2‐20‐73; Ord. No. 12, 1977, 2‐15‐77, approved, election 4‐5‐77; Ord. No. 19, 1993, § 1, 2‐16‐93, approved, election 4‐6‐93; Ord. No. 14, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97; Ord. No. 002, 2017 , § 2, 1‐17‐17, approved, election 4‐4‐17) Section 12. City Clerk. With the approval of the Council, the City Manager shall appoint a City Clerk who shall act as Clerk of the Council and who while so employed shall be a resident of the Fort Collins Urban Growth Area. The City Clerk shall: (1) give notice of Council meetings; (2) keep a journal of Council proceedings; (3) authenticate by his or her signature and permanently record in full all ordinances and resolutions; and (4) perform other duties required by this Charter or by the City Manager. (Ord. No. 209, 1984, 1‐15‐85, approved, election 3‐5‐85; Ord. No. 13, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97) Section 13. Council not to interfere with administrative service. Except for purposes of inquiry, the Council and its members shall deal with the administrative service of the city solely through the City Manager, and neither the Council nor any member shall give orders to any subordinates of the City Manager either publicly or privately. Section 14. Licenses, permits. The Council may provide for licenses and permits, and fees therefor, for regulatory purposes. The Council shall provide an administrative procedure for the hearing and determination of appeals relating to issuance, suspension or revocation of such licenses and permits. The Council itself may hear and decide appeals. (Ord. No. 202, 1986, § 1, Part Q, 12‐16‐86, approved, election 3‐3‐87) Section 15. Surety bonds. The Council shall require the City Manager, the Financial Officer, and other employees transacting financial business of the city to furnish bonds with such surety and in such amounts as the Council may determine. (Ord. No. 202, 1986, § 1, Part I, 12‐16‐86, approved, election 3‐3‐87) Section 16. Contracts with other governmental bodies. The Council may, by ordinance or resolution, enter into contracts with other governmental bodies to furnish governmental services and make charges for such services, or enter into cooperative or joint activities with other governmental bodies. (Ord. No. 18, 1973, 2‐15‐73, approved, election 4‐3‐73) 035 Created: 2022‐03‐18 10:46:56 [EST] (Supp. No. 141) Page 7 of 8 Section 17. Independent annual audit. The Council shall provide for an independent audit at least annually by a certified public accountant of all books and accounts of the city, and shall publish a summary thereof once in the manner provided for publication of legal notices within seven (7) months after the end of each fiscal year. (Ord. No. 206, 1984, 1‐15‐85, approved, election 3‐5‐85; Ord. No. 014, 2021 , § 2, 1‐19‐21, approved, election 4‐6‐ 21) Section 18. Vacancies. (a) A vacancy exists when a Councilmember: (1) dies, resigns, or moves from the city or the District from which elected or appointed; (2) assumes another elective office; (3) fails to attend all regular and special meetings of the Council for sixty (60) consecutive days unless excused by Council resolution; (4) is judicially declared mentally incompetent; (5) is convicted of a felony or is declared by the City Clerk, more than sixty (60) days after the date of issuance of the certificate of election of such Councilmember, to have previously been convicted of a felony pursuant to a written protest filed under Section 2 of this article; or (6) in the case of an appointed member of the Council, is declared by the City Clerk to lack any qualification for the office of Councilmember. Except for the office of Mayor, any vacancy on the Council shall be filled within forty‐five (45) days by appointment of the Council. The person so appointed shall serve until the next regular election, when the electors will select a person to fill the vacancy for the remainder of the term, if any. This selection process shall be subject to the following exception: If the time for filling the vacancy by appointment would fall within forty‐five (45) days prior to any regular election, and the remaining unexpired term of the Councilmember to be replaced is more than two (2) years, then the vacancy shall be filled by the newly constituted Council following their election, within forty‐five (45) days after their terms of office begin. Under this exception, the term of office of the Councilmember appointed shall run for the remainder of the replaced Councilmember's term. Any person appointed to fill a Councilmember's vacated position shall have all the qualifications required of regularly elected Councilmembers. In the case of a vacancy representing a member elected from a District, any person appointed or elected to fill such vacancy shall be from the same District, as such District is constituted at the time of the appointment or election. (b) The following shall apply to filling vacancies in the office of Mayor: (1) If the position of Mayor becomes vacant more than forty‐five (45) days prior to the next regular election, the Mayor Pro Tem shall become Acting Mayor, and the Council shall elect a new Mayor Pro Tem. Both the Acting Mayor and Mayor Pro Tem shall serve until the next regular election, at which time the office of Mayor shall be filled by the electors for a new term, and the Acting Mayor and Mayor Pro Tem shall resume their duties as Councilmembers for the remainder of their unexpired terms of office, if any. The vacancy on the Council created by the Mayor Pro Tem assuming the office of Mayor shall be filled in accordance with the provisions of Section 18(a) above. (2) If the position of Mayor becomes vacant within the forty‐five (45) days prior to any regular election, the duties of the Mayor shall be immediately assumed by the Mayor Pro Tem, who shall serve as Acting 036 Created: 2022‐03‐18 10:46:56 [EST] (Supp. No. 141) Page 8 of 8 Mayor until said regular election, at which time the office of Mayor shall be filled by the electors for a new term. Pending the election and the commencement of the term of the newly elected Mayor, the Council shall consist of six (6) members, and the Council shall elect an interim Mayor Pro Tem. After the election, the Acting Mayor and Interim Mayor Pro Tem shall resume their duties as Councilmembers for the remainder of their unexpired terms of office, if any. (3) Nothing herein shall preclude the Mayor Pro Tem or any Councilmember from standing for election to the office of Mayor. (Ord. No. 201, 1986, § 1, Part L, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 154, 1988, 12‐20‐88, approved, election 3‐7‐89; Ord. No. 100, 1990, 9‐4‐90, approved, election 11‐6‐90; Ord. No. 15, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97) 037 038 (NOVEMBER ELECTIONS) FORT COLLINS CHARTER ARTICLE VIII. ELECTIONS Fort Collins, Colorado, Municipal Code Created: 2022‐03‐18 10:46:58 [EST] (Supp. No. 141) Page 1 of 4 ARTICLE VIII. ELECTIONS Section 1. Applicability of state constitution. The Council shall provide by ordinance for the manner of holding city elections. All ordinances regarding elections shall be consistent with the provisions of this Charter and the state Constitution. Any matter regarding elections not covered by the state Constitution, this Charter or ordinance of the Council shall be governed by the laws of the State of Colorado relating to municipal elections, or coordinated municipal elections, as applicable. (Res. No. 71‐12, 2‐11‐71, approved, election 4‐6‐71; Ord. No. 202, 1986, § 1, Part V, 12‐16‐86, approved, election 3‐3‐87) Section 2. City elections. A regular city election shall be held on the first Tuesday after the first Monday in April November of every odd‐ numbered years. All other municipal elections shall be known as sSpecial city elections, and shall be called by ordinance and shall be held in accordance with the provisions of this Charter and any ordinances adopted pursuant thereto. All municipal elections shall be nonpartisan. In order to implement a change of regular city elections from April of each odd‐numbered year to November of each odd‐numbered year, the term of the Mayor and each Councilmember shall be extended to such time as a successor elected in November of the appropriate odd‐numbered year (consistent with Article II, Section 1(b)) takes office, unless otherwise ended due to an event of vacancy or recall. Such change in term length shall have no effect on the number of terms any such officer may be elected under the applicable term limits. (Ord. No. 23, 1981, 2‐17‐81, approved, election 4‐7‐81; Ord. No. 201, 1986, § 1, Part B, § 2, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 202, 1986, § 1, Part V, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 154, 1988, 12‐20‐88, approved, election 3‐7‐89; Ord. No. 11, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97) Section 3. Nomination; withdrawal from nomination. Any person who is qualified at the time of nomination for the office to be filled may be nominated for the elective office by petition. A nominating petition for the office of Mayor shall be signed by not less than twenty‐five (25) registered electors. A nominating petition for District Council office shall be signed by not less than twenty‐five (25) registered electors residing in that District. A registered elector may sign one (1) petition for each office for which the elector is entitled to vote at the election. If an elector should sign more petitions than entitled, said elector's signature shall be void as to all petitions which the elector signed. Nominating petitions must be filed with the City Clerk. The Council shall enact an ordinance specifying the time frame for circulation and submittal of nominating petitions and the deadline for withdrawal from candidacy for municipal office. Such time frame shall not be changed within one (1) year one hundred eighty (180) days immediately prior to the election. No nominating petition shall be accepted unless the candidate completes a verified acceptance of the nomination certifying that he or she is not a candidate, directly or indirectly, of any political party, and that he or she meets the qualifications for office, and will serve if elected. 039 Created: 2022‐03‐18 10:46:58 [EST] (Supp. No. 141) Page 2 of 4 A person who has been nominated may withdraw from candidacy by filing a written request to do so with the City Clerk before the deadline established by Council ordinance for such withdrawal, and no name so withdrawn shall be placed upon the ballot. (Ord. No. 12, 1977, 2‐15‐77, approved, election 4‐5‐77; Ord. No. 201, 1986, § 1, Part E, § 3, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 202, 1986, § 1, Part V, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 11, 1997, § 1, 2‐4‐ 97, approved, election 4‐8‐97) Section 4. Petitions. (a) Form; circulation. The Council shall prescribe by ordinance, upon recommendation of the City Clerk, the form for a nominating petition which shall include such warnings and notices to signers as may be deemed appropriate by the Council, as well as the candidate's verified acceptance of nomination. The signatures on a nominating petition need not all be subscribed on one (1) page, but to each separate section of the petition there shall be attached a signed statement of the circulator thereof, stating the number of signers on that section of the petition, and that each signature thereon was made in the circulator's presence and is the genuine signature of the person whose name it purports to be. When executed, such statement shall be accepted as true until it shall be proved false. If any portion is proved false, that portion of any petition shall be disregarded. Following each signature on the petition of nomination shall be written the printed name and the residence address of the signer, and the date of signing. All nominating papers comprising a petition shall be filed as one (1) instrument. (b) Sufficiency of petition. Upon receipt of a nominating petition, the City Clerk shall forthwith examine the petition, and within five (5) days after the filing of the petition, notify the candidate in writing of the results of the examination, specifying the particulars of insufficiency, if any. Within the regular time for filing petitions, an insufficient petition may be amended and filed again as a new petition, in which case the time of the first filing shall be disregarded in determining the validity of signatures thereon, or a different petition may be filed for the same candidate. The petition for each candidate elected to office shall be preserved by the City Clerk until the expiration of the terms of office for such person. (c) No person shall receive any compensation whatever for signing a nominating petition. (Ord. No. 12, 1977, 2‐15‐77, approved, election 4‐5‐77; Ord. No. 201, 1986, § 1, Part E, § 4, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 202, 1986, § 1, Part V, 12‐16‐86, approved election 3‐3‐87; Ord. No. 158, 1988, 12‐20‐88, approved, election, 3‐7‐89; Ord. No. 11, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97; Ord. No. 005, 2015, § 1, 1‐20‐ 15, approved, election of 4‐7‐15 ) Section 5. Board of Elections for City‐administered elections. There is hereby created a Board of Elections consisting of the City Clerk, Chief Deputy City Clerk, and Chief Judge. The Board shall be responsible for any election duties specified in this Charter and for such additional duties related to the conduct of elections by the City as may be established by the Council by ordinance. (Ord. No. 201, 1986, § 1, Part H, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 202, 1986, § 1, Part V, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 11, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97; Ord. No. 022, 2007, §1, 2‐20‐ 07, approved, election 4‐3‐07; Ord. No. 015, 2021 , § 2, 1‐19‐21, approved, election 4‐6‐21) Section 6. Appearance of names on ballot. Every ballot shall contain the names of all duly nominated candidates for offices to be voted for at that election, except those who have died or withdrawn. The names shall be arranged in alphabetical order of surname for each 040 Created: 2022‐03‐18 10:46:58 [EST] (Supp. No. 141) Page 3 of 4 office, and shall not contain any title or degree designating the business or profession of the candidate. The candidate's name may be a nickname, but shall not include any punctuation marks setting out the nickname. (Ord. No. 129, 1999, § 1, 8‐17‐99, approved, election 11‐2‐99) Section 7. Certification of election results. (a) No later than the date specified by the Council by ordinance tenth day after every city election and, after verifying the total number of legal votes cast for each candidate and measure voted upon, the Board of Elections shall complete a certificate declaring the results of the election. The candidate receiving the highest number of votes for a particular office shall be declared elected to that office. In event of a tie, the selection shall be made by the Board of Elections by lot after notice to the candidates affected. In case the candidate elected fails to qualify within sixty (60) days after the date of issuance of the certificate of election, the candidate with the next highest vote shall be elected, and the candidate failing to qualify shall forfeit his or her office whether or not such candidate has taken the oath of office. If there is no other elected successor who qualifies, the office shall be deemed vacant, and shall be filled by appointment by the remaining members of the council, as provided in Article II, Section 18. In the event of a mandatory recount or recount by request, the Board of Elections shall complete an amended certificate declaring the results of the election no later than the fifth day after the completion of the recount. (b) For coordinated city elections (which are not administered by the City), the election shall be determined and certified and any tie vote or recount shall be administered, as provided in the applicable state law. (Ord. No. 197, 1986, § 1, Parts C, M, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 202, 1986, § 1, Parts V, W, 12‐ 16‐86, approved, election 3‐3‐87; Ord. No. 11, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97; Ord. No. 129, 1999, § 2, 8‐17‐99, approved, election 11‐2‐99; Ord. No. 022, 2007, §1, 2‐20‐07, approved, election 4‐3‐07; Ord. No. 001, 2017 , § 2, 1‐17‐17, approved, election 4‐4‐17) Section 8. Campaign contributions. The Council shall act by ordinance to establish a limit on the amount that any person or entity may contribute in support of a candidate for Council on the ballot at any city election. No political party or city employee, directly or indirectly, and no public service corporation, nor any other person, firm or corporation, owning, interested in, or intending to apply for any franchise or contract with the city shall contribute or expend any money or other valuable thing, directly or indirectly, to assist in the election or defeat of any candidate. (Ord. No. 6, 1980, 1‐16‐80, approved, election 2‐26‐80; Ord. No. 208, 1984, 1‐15‐85, approved, election 3‐5‐85; Ord. No. 201, 1986, § 1, Part M, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 202, 1986, § 1, Parts V, W, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 11, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97; Ord. No. 129, 1999, § 2, 8‐17‐ 99, approved, election 11‐2‐99) Section 9. Corrupt practices. Any person who violates at a city election any state law, provision of this Charter or ordinance of the city shall, upon conviction thereof, be disqualified from holding any city position or employment for two (2) years, or any elective city office for four (4) years. (Ord. No. 201, 1986, § 1, Parts J, M, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 202, 1986, § 1, Parts V, W, 12‐ 16‐86, approved, election 3‐3‐87; Ord. No. 11, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97; Ord. No. 129, 1999, § 2, 8‐17‐99, approved, election 11‐2‐99) 041 Created: 2022‐03‐18 10:46:58 [EST] (Supp. No. 141) Page 4 of 4 Section 10. Validity of City‐administered elections. No Ccity‐administered election shall be invalidated if it has been conducted fairly and in substantial conformity with the requirements of this Charter. (Ord. No. 201, 1986, § 1, Part M, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 202, 1986, § 1, Parts V, W, 12‐16‐ 86, approved, election 3‐3‐87; Ord. No. 11, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97; Ord. No. 129, 1999, § 2, 8‐ 17‐99, approved, election 11‐2‐99) Section 11. Further regulations. The Council may, by ordinance, make such further rules and regulations as are consistent with this Charter and the Colorado Constitution in order to carry out the provisions of this Article. (Ord. No. 11, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97; Ord. No. 129, 1999, § 2, 8‐17‐99, approved, election 11‐ 2‐99) 042 (RANKED CHOICE VOTING) FORT COLLINS CHARTER ARTICLE VIII. ELECTIONS Fort Collins, Colorado, Municipal Code Created: 2022‐03‐18 10:46:58 [EST] (Supp. No. 141) Page 1 of 4 ARTICLE VIII. ELECTIONS Section 1. Applicability of state constitution. The Council shall provide by ordinance for the manner of holding city elections. All ordinances regarding elections shall be consistent with the provisions of this Charter and the state Constitution. Any matter regarding elections not covered by the state Constitution, this Charter or ordinance of the Council shall be governed by the laws of the State of Colorado relating to municipal elections, or coordinated municipal elections, as applicable. (Res. No. 71‐12, 2‐11‐71, approved, election 4‐6‐71; Ord. No. 202, 1986, § 1, Part V, 12‐16‐86, approved, election 3‐3‐87) Section 2. City elections. A regular city election shall be held on the first Tuesday after the first Monday in April of odd‐numbered years. Special city elections shall be called by ordinance and shall be held in accordance with the provisions of this Charter and any ordinances adopted pursuant thereto. All municipal elections shall be nonpartisan. (Ord. No. 23, 1981, 2‐17‐81, approved, election 4‐7‐81; Ord. No. 201, 1986, § 1, Part B, § 2, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 202, 1986, § 1, Part V, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 154, 1988, 12‐20‐88, approved, election 3‐7‐89; Ord. No. 11, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97) Section 3. Nomination; withdrawal from nomination. Any person who is qualified at the time of nomination for the office to be filled may be nominated for the elective office by petition. A nominating petition for the office of Mayor shall be signed by not less than twenty‐five (25) registered electors. A nominating petition for District Council office shall be signed by not less than twenty‐five (25) registered electors residing in that District. A registered elector may sign one (1) petition for each office for which the elector is entitled to vote at the election. If an elector should sign more petitions than entitled, said elector's signature shall be void as to all petitions which the elector signed. Nominating petitions must be filed with the City Clerk. The Council shall enact an ordinance specifying the time frame for circulation and submittal of nominating petitions and the deadline for withdrawal from candidacy for municipal office. Such time frame shall not be changed within one (1) year immediately prior to the election. No nominating petition shall be accepted unless the candidate completes a verified acceptance of the nomination certifying that he or she is not a candidate, directly or indirectly, of any political party, and that he or she meets the qualifications for office, and will serve if elected. A person who has been nominated may withdraw from candidacy by filing a written request to do so with the City Clerk before the deadline established by Council ordinance for such withdrawal, and no name so withdrawn shall be placed upon the ballot. (Ord. No. 12, 1977, 2‐15‐77, approved, election 4‐5‐77; Ord. No. 201, 1986, § 1, Part E, § 3, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 202, 1986, § 1, Part V, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 11, 1997, § 1, 2‐4‐ 97, approved, election 4‐8‐97) 043 Created: 2022‐03‐18 10:46:58 [EST] (Supp. No. 141) Page 2 of 4 Section 4. Petitions. (a) Form; circulation. The Council shall prescribe by ordinance, upon recommendation of the City Clerk, the form for a nominating petition which shall include such warnings and notices to signers as may be deemed appropriate by the Council, as well as the candidate's verified acceptance of nomination. The signatures on a nominating petition need not all be subscribed on one (1) page, but to each separate section of the petition there shall be attached a signed statement of the circulator thereof, stating the number of signers on that section of the petition, and that each signature thereon was made in the circulator's presence and is the genuine signature of the person whose name it purports to be. When executed, such statement shall be accepted as true until it shall be proved false. If any portion is proved false, that portion of any petition shall be disregarded. Following each signature on the petition of nomination shall be written the printed name and the residence address of the signer, and the date of signing. All nominating papers comprising a petition shall be filed as one (1) instrument. (b) Sufficiency of petition. Upon receipt of a nominating petition, the City Clerk shall forthwith examine the petition, and within five (5) days after the filing of the petition, notify the candidate in writing of the results of the examination, specifying the particulars of insufficiency, if any. Within the regular time for filing petitions, an insufficient petition may be amended and filed again as a new petition, in which case the time of the first filing shall be disregarded in determining the validity of signatures thereon, or a different petition may be filed for the same candidate. The petition for each candidate elected to office shall be preserved by the City Clerk until the expiration of the terms of office for such person. (c) No person shall receive any compensation whatever for signing a nominating petition. (Ord. No. 12, 1977, 2‐15‐77, approved, election 4‐5‐77; Ord. No. 201, 1986, § 1, Part E, § 4, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 202, 1986, § 1, Part V, 12‐16‐86, approved election 3‐3‐87; Ord. No. 158, 1988, 12‐20‐88, approved, election, 3‐7‐89; Ord. No. 11, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97; Ord. No. 005, 2015, § 1, 1‐20‐ 15, approved, election of 4‐7‐15 ) Section 5. Board of Elections. There is hereby created a Board of Elections consisting of the City Clerk, Chief Deputy City Clerk, and Chief Judge. The Board shall be responsible for any election duties specified in this Charter and for such additional duties related to the conduct of elections as may be established by the Council by ordinance. (Ord. No. 201, 1986, § 1, Part H, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 202, 1986, § 1, Part V, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 11, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97; Ord. No. 022, 2007, §1, 2‐20‐ 07, approved, election 4‐3‐07; Ord. No. 015, 2021 , § 2, 1‐19‐21, approved, election 4‐6‐21) Section 6. Appearance of names on ballot. Every ballot shall contain the names of all duly nominated candidates for offices to be voted for at that election, except those who have died or withdrawn. The names shall be arranged in alphabetical order of surname for each office, and shall not contain any title or degree designating the business or profession of the candidate. The candidate's name may be a nickname, but shall not include any punctuation marks setting out the nickname. (Ord. No. 129, 1999, § 1, 8‐17‐99, approved, election 11‐2‐99) 044 Created: 2022‐03‐18 10:46:58 [EST] (Supp. No. 141) Page 3 of 4 Section 7. Certification of election results. (a) No later than the date specified by Council by ordinance tenth day after every city election and, after verifying the total number of legal votes cast for each candidate and measure voted upon, the Board of Elections shall complete a certificate declaring the results of the election. The candidate receiving the highest number of votes for a particular office, as determined pursuant to this Section 7, shall be declared elected to that office. In event of a tie, the selection shall be made by the Board of Elections by lot after notice to the candidates affected. In case the candidate elected fails to qualify within sixty (60) days after the date of issuance of the certificate of election, the candidate with the next highest vote pursuant to the certificate of election shall be elected, and the candidate failing to qualify shall forfeit his or her office whether or not such candidate has taken the oath of office. If there is no other elected successor who qualifies, the office shall be deemed vacant, and shall be filled by appointment by the remaining members of the council, as provided in Article II, Section 18. In the event of a mandatory recount or recount by request, the Board of Elections shall complete an amended certificate declaring the results of the election no later than the fifth day after the completion of the recount. (b) For coordinated city elections (which are not administered by the City), the election shall be determined and certified and any tie vote or recount shall be administered, as provided in the applicable state law. The candidate receiving the highest number of votes for a particular office, as determined pursuant to Section 7(c), shall be declared elected to that office. (c) Ranked voting methods. Beginning in 2025, the candidate receiving the highest number of votes for a particular office will be determined using a ranked voting method. (1) For a City‐administered election, the ranked voting method will be in accordance with specifications adopted by the City Council by ordinance. (2) For a coordinated election, the ranked voting method will be in accordance with, and as provided by, applicable state law. (Ord. No. 197, 1986, § 1, Parts C, M, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 202, 1986, § 1, Parts V, W, 12‐ 16‐86, approved, election 3‐3‐87; Ord. No. 11, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97; Ord. No. 129, 1999, § 2, 8‐17‐99, approved, election 11‐2‐99; Ord. No. 022, 2007, §1, 2‐20‐07, approved, election 4‐3‐07; Ord. No. 001, 2017 , § 2, 1‐17‐17, approved, election 4‐4‐17) Section 8. Campaign contributions. The Council shall act by ordinance to establish a limit on the amount that any person or entity may contribute in support of a candidate for Council on the ballot at any city election. No political party or city employee, directly or indirectly, and no public service corporation, nor any other person, firm or corporation, owning, interested in, or intending to apply for any franchise or contract with the city shall contribute or expend any money or other valuable thing, directly or indirectly, to assist in the election or defeat of any candidate. (Ord. No. 6, 1980, 1‐16‐80, approved, election 2‐26‐80; Ord. No. 208, 1984, 1‐15‐85, approved, election 3‐5‐85; Ord. No. 201, 1986, § 1, Part M, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 202, 1986, § 1, Parts V, W, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 11, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97; Ord. No. 129, 1999, § 2, 8‐17‐ 99, approved, election 11‐2‐99) 045 Created: 2022‐03‐18 10:46:58 [EST] (Supp. No. 141) Page 4 of 4 Section 9. Corrupt practices. Any person who violates at a city election any state law, provision of this Charter or ordinance of the city shall, upon conviction thereof, be disqualified from holding any city position or employment for two (2) years, or any elective city office for four (4) years. (Ord. No. 201, 1986, § 1, Parts J, M, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 202, 1986, § 1, Parts V, W, 12‐ 16‐86, approved, election 3‐3‐87; Ord. No. 11, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97; Ord. No. 129, 1999, § 2, 8‐17‐99, approved, election 11‐2‐99) Section 10. Validity of elections. No city election shall be invalidated if it has been conducted fairly and in substantial conformity with the requirements of this Charter. (Ord. No. 201, 1986, § 1, Part M, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 202, 1986, § 1, Parts V, W, 12‐16‐ 86, approved, election 3‐3‐87; Ord. No. 11, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97; Ord. No. 129, 1999, § 2, 8‐ 17‐99, approved, election 11‐2‐99) Section 11. Further regulations. The Council may, by ordinance, make such further rules and regulations as are consistent with this Charter and the Colorado Constitution in order to carry out the provisions of this Article. (Ord. No. 11, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97; Ord. No. 129, 1999, § 2, 8‐17‐99, approved, election 11‐ 2‐99) 046 (RANKED CHOICE VOTING) FORT COLLINS CHARTER ARTICLE IX. RECALL Fort Collins, Colorado, Municipal Code Created: 2022‐03‐18 10:46:58 [EST] (Supp. No. 141) Page 1 of 2 ARTICLE IX. RECALL . . . Section 3. Elections. (a) Generally. Elections on recall shall be conducted in the same manner as provided generally for regular or special city elections in this Charter. All Charter provisions related to nomination and qualification of candidates shall apply to recall elections. (b) Nominations on recall. Anyone desiring to become a candidate at the recall election shall do so by nominating petition as required in Article VIII of this Charter. The deadline for filing a nominating petition for a recall election shall be as established by ordinance of the Council. If more than one (1) officer is sought to be recalled, then the nominating petition must specify which incumbent the candidate seeks to succeed. The name of the person against whom the recall petition is filed shall not appear on the ballot as a candidate for the office. (c) Ballots. There shall be printed on the official ballot, as to every officer whose recall is to be voted on, the statement of grounds and, if requested by the affected officer, the officer's statement in defense followed by the words, "Shall (name of person against whom the recall petition is filed) be recalled from the office of (__________)?" Following such question shall appear the words, "Yes" indicating a vote in favor of the recall and "No" indicating a vote against such recall. On such ballots, under each question, there shall also be printed the names of those persons who have been nominated as candidates to succeed the person sought to be recalled. (d) Election results. If a majority of those voting on the question of the recall of any incumbent from office votes "No," the incumbent continues in office. If a majority votes "Yes" for the incumbent's removal, the incumbent shall thereupon be deemed removed from his or her office upon the taking of the oath of office by his or her successor. If the officer is recalled, the candidate for succession receiving the highest number of votes at the election as determined pursuant to Article VIII of this Charter shall be declared elected for the remainder of the incumbent's term. The candidate elected shall take office upon taking the oath of office, which shall occur as the first order of business at the next regular or special Council meeting. In case the candidate elected fails to qualify within sixty (60) days after the issuance of a certificate of election, the candidate with the next highest vote as determined pursuant to Article VIII of this Charter shall be elected, and if there is no other elected successor who qualifies, the office shall be deemed vacant, and shall be filled by appointment by the remaining members of the Council, as provided in Article II, Section 18. (Ord. No. 199, 1986, § 1, Part A, § 3, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 202, 1986, § 1, Parts V, W, X, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 11, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97; Ord. No. 006, 2015, § 1, 1‐20‐15, approved, election of 4‐7‐15 ) Section 4. Further regulations. The Council may, by ordinance, make such further rules and regulations as are consistent with this Charter and the Colorado Constitution in order to carry out the provisions of this Article. 047 Created: 2022‐03‐18 10:46:58 [EST] (Supp. No. 141) Page 2 of 2 (Ord. No. 199, 1986, § 1, Part A, § 4, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 202, 1986, § 1, Part V, 12‐16‐86, approved, election 3‐3‐87; Ord. No. 11, 1997, § 1, 2‐4‐97, approved, election 4‐8‐97) 048 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY May 31, 2022 Election Code Committee SUBJECT Review of Potential Campaign Finance Code Amendments EXECUTIVE SUMMARY Several amendments to Campaign Finance provisions in the City Code have been discussed by the Election Code Committee and draft language is again being presented to the Committee for consideration at this time. Additional amendments have been added to the draft based on feedback at the last Committee meeting. BACKGROUND / DISCUSSION The Election Code Committee has identified Campaign Finance changes as a priority. The provisions included in these draft amendments is based on Committee discussion. Consideration of an ordinance amending the Code relating to Campaign Finance provisions is tentatively scheduled for first reading before the full Council on June 21, 2022, and second reading on July 5, 2022. ATTACHMENTS Draft Ordinance including markup of Code changes 049 050 DRAFT FOR DISCUSSION ONLY – May 23, 2022 Fort Collins, Colorado, Municipal Code Created: 2022‐02‐14 15:13:14 [EST] (Supp. No. 141, Update 1) Page 1 of 17 ARTICLE V. CAMPAIGNS1 Sec. 7‐131. Legislative declaration. The City Council hereby finds and declares that large campaign contributions to political candidates allow wealthy contributors and special interest groups to exercise a disproportionate level of influence over the political process; that large campaign contributions create the potential for corruption and the appearance of corruption; that the rising costs of campaigning for political office prevent qualified citizens from running for political office; and that the interests of the public are best served by limiting campaign contributions, full and timely disclosure of campaign contributions and strong enforcement of campaign laws. (Ord. No. 162, 2000, § 1, 11‐21‐00) Sec. 7‐132. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section: Ballot issue, ballot question or issue shall mean any measure put to a vote of the registered electors of the City by the City Council at any election held under the provisions of the Charter. For purposes of this Article V, ballot issue, ballot question or issue shall also mean any measure for which recall, initiative or referendum proceedings have been commenced pursuant to Article IX, Section 1(b), Article X, Section 1(b), and Article X, Section 2(b), respectively, of the Charter. Candidate shall mean any person who seeks nomination or election to the office of Mayor or Councilmember at any City election. A person is a candidate if the person has publicly announced an intention to seek such election or has filed nominating petitions for the office of Mayor or Councilmember. Candidate shall also mean any elected official who is the subject of recall proceedings pursuant to Article IX of the Charter. Candidate committee shall mean 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. Contribution shall mean: (1) The payment, loan, pledge or advance of money, or guarantee of a loan, made to any candidate committee, issue committee or political committee; (2) Any payment made to a third party for the benefit of any candidate committee, issue committee or political committee; (3) Anything of value given, directly or indirectly, to a candidate committee for the purpose of promoting the candidate's nomination, retention, recall or election; or (4) With regard to a contribution for which the contributor receives compensation or consideration of less than equivalent value to such contribution, including, but not limited to, items of perishable or nonpermanent value, goods, supplies, services or participation in a campaign‐related event, mailing lists and other similar items of value, thean amount equal to the value in excess of the amount of such 1Charter reference(s)—City Council, Art. II; campaign contributions, Art. VIII, § 7. 051 Created: 2022‐02‐14 15:13:13 [EST] (Supp. No. 141, Update 1) Page 2 of 17 compensation or consideration as reasonably determined by the candidate committee, issue committee or political committee based on market prices or other similar information. Contribution shall not include: (1) Services provided without compensation by individuals volunteering their time on behalf of a candidate, candidate committee, political committee, issue committee or small‐scale issue committee; (2) Mailing lists that are not available for sale that were created at least eighteen (18) months prior to the time obtained by the committee; (3) Funds collected subsequent to the election to pay the cost of a requested recount pursuant to 7‐46. Contribution in kind shall mean the fair market value of a gift or loan of any item of real or personal property, other than money, made to or for any candidate committee, issue committee, small‐scale issue committee or political committee for the purpose of influencing the passage or defeat of any issue or the nomination, retention, election or defeat of any candidate. Personal services shall be considered a contribution in kind by the person paying compensation therefor. In determining the value to be placed on contributions in kind, a reasonable estimate of fair market value shall be used. Contribution in kind shall not include an endorsement of a candidate or an issue by any person and shall not include the payment of compensation for legal and accounting services rendered to a candidate, candidate committee, political committee, issue committee or small‐scale issue committee if the person paying for the services is the regular employer of the individual rendering the services and the services are solely for the purpose of ensuring compliance with the provisions of this Article. Expenditure shall mean the payment, distribution, loan or advance of any money by any candidate committee, political committee, issue committee or small‐scale issue committee. Expenditure shall also include the payment, distribution, loan or advance of any money by a person for the benefit of a candidate committee, political committee, issue committee or small‐scale issue committee that is made with the prior knowledge and consent of an agent of the committee. An expenditure occurs when the actual payment is made or when there is a contractual agreement and the amount is determined. Independent expenditure shall mean 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 shall include expenditures for political messages which unambiguously refer to any specific public office or candidate for such office. Independent expenditure shall also include 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. Issue committee shall mean: (1) Two (2) or more persons who are elected, appointed or chosen, or have associated themselves, for the purpose of and that take steps in furtherance of an intent to accepting contributions or contributions in kind, or makeing expenditures, to support or oppose any ballot issue or ballot question; or 052 Created: 2022‐02‐14 15:13:13 [EST] (Supp. No. 141, Update 1) Page 3 of 17 (2) Any person that has takes steps in furtherance of an intent to acceptsed contributions or contributions in kind for the purpose of supporting or opposing any ballot issue or ballot question; or (3) Any person or associated persons upon making independent expenditures of two thousand five hundred dollars ($2,500) or more 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. Person shall mean any individual, partnership, committee, association, corporation, labor organization or other organization or group of persons. Political committee shall mean: (1) Two (2) or more persons who are elected, appointed or chosen, or have associated themselves, for the purpose ofand that take steps in furtherance of an intent to accepting contributions, or contributions in kind, or makeing expenditures to support or oppose one (1) or more candidates; or. (2) Any person that takes steps in furtherance of an intent to has accepted contributions or contributions in kind for the purpose of supporting or opposing one (1) or more candidates; or (3) Any person or associated persons upon making independent expenditures of two thousand five hundred dollars ($2,500) or more 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. Political message shall mean a message delivered by telephone, any print or electronic media or other written material which advocates the election or defeat of any candidate or which unambiguously refers to such candidate. Public announcement shall mean: (1) Registration of a candidate committee; or (2) A statement made by the candidate signifying an interest in, or exploring the possibility of, seeking the office by means of a speech, advertisement or other communication reported or appearing in public media or in any place accessible to the public, including social media, that a reasonable person would expect to become public. Registered agent shall mean a natural person designated by or representing a committee and responsible to receive mailings, respond to inquiries regarding the committee, to receive complaints related to the committee, and timely filing campaign finance reports and other filings required pursuant to this Chapter. Small‐scale issue committee means a committee otherwise meeting the definition of issue committee that has accepted or made contributions, contributions in kind or expenditures in an amount that does not exceed two thousand five thousandhundred dollars ($5,02,500.) during an applicable election cycle for the major purpose of supporting or opposing any ballot issue or ballot question. The following are each treated as a single small‐scale issue committees: a. All small‐scale issue committees that supports or opposes a common ballot measure if the committees is are established, financed, or controlled by a single corporation or its subsidiaries; b. All small‐scale issue committees that supports or opposes a common ballot measure if the committees is are established, financed, maintained, or controlled by a single labor organization or the affiliated local units it directs; and 053 Created: 2022‐02‐14 15:13:13 [EST] (Supp. No. 141, Update 1) Page 4 of 17 c. All small‐scale issue committees that supports or opposes a common ballot measure if the committees is are established, financed, maintained, or controlled by substantially the same person, group of persons, or other organizations. Social media shall 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. Termination report shall mean a final report prepared by a candidate committee, issue committee or political committee and filed with the City Clerk which discloses the committee's contributions received, expenditures made and obligations entered into, when the following conditions have been met: (1) The committee no longer intends to receive contributions or make expenditures; and (2) A zero (0) balance exists in the account established and maintained under Subsection 7‐135(f) and the committee has no outstanding debts or obligations. Unexpended campaign contributions shall mean the balance of funds on hand in any candidate committee, issue committee, political committee or small‐scale issue committee following an election, less the amount of all unpaid monetary obligations incurred prior to the election. (Ord. No. 162, 2000, § 1, 11‐21‐00; Ord. No. 148, 2001, § 1, 11‐6‐01; Ord. No. 021, 2016, § 9, 3‐1‐16 ; Ord. No. 005, 2017 , § 5, 1‐17‐17; Ord. No. 045, 2018 , §§ 3, 4, 4‐3‐18; Ord. No. 077, 2018 , §§ 5, 6, 6‐19‐18; Ord. No. 113, 2018 , § 2, 9‐4‐18) Sec. 7‐133. Candidate affidavit; disclosure statement; failure to file. (a) When any individual becomes a candidate, such individual shall certify, by affidavit filed with the City Clerk within ten (10) days, that the candidate is familiar with the provisions of this Article. (b) Each candidate shall file a financial disclosure statement pursuant to § 2‐636 with the City Clerk at the same time as filing an acceptance of nomination. (c) Failure of any person to file the affidavit or disclosure statement required under this Section shall result in the disqualification of such person as a candidate for the office being sought. (d) The requirements of this Section shall not apply to any elected official who is the subject of recall proceedings. (Ord. No. 162, 2000, § 1, 11‐21‐00; Ord. No. 148, 2001, § 2, 11‐6‐01; Ord. No. 045, 2018 , § 5, 4‐3‐18) Sec. 7‐134. Registration of committees; termination. (a) All candidate committees, political committees and issue committees shall register with the City Clerk before accepting any contributions or contributions in kind or making any expenditures. Registration must be on a form provided by the City Clerk and must include the following, together with any other information required to complete the registration form. (1) The committee's full name, spelling out any acronyms used therein; (2) The name of a natural person authorized to act as a registered agent for the committee; (3) A current street address, mailing address (if different from the street address), telephone number and email address for the principal place of business of the committee; (4) A current mailing address, telephone number and email address for the registered agent; 054 Created: 2022‐02‐14 15:13:13 [EST] (Supp. No. 141, Update 1) Page 5 of 17 (5) The purpose or nature of interest of the committee; (6) The date of the election regarding which the committee intends to be active; (7) The name and address of the financial institution in which all contributions received by the committee are deposited in a separate account bearing, in the case of a candidate committee, the name of the committeecandidate, or in the case of a political or issue committee, the name of the person authorized to act as the registered agent for the committee, and documentation of such account reasonably satisfactory to the City Clerk; and (8) An acknowledgement and certification signed by the registered agent and, for any candidate committee, the candidate. (b) A registered committee must promptly provide updated address, telephone and email information to the City Clerk upon the change of such information for the committee or the registered agent of the committee, or any change in financial institution or account. (c) Any candidate committee, political committee, issue committee or registered small‐scale issue committee that has registered with the City Clerk, but has not engaged in any election activities or reported any contributions accepted or expenditures made, may terminate at any time by filing an amended committee registration indicating the nature of the amendment is termination of the committee and verifying that no contributions have been received or expenditures made since registration occurred pursuant to § 7‐134. Alternatively, the committee shall file a campaign report indicating no contributions have been received or expenditures made, and indicating it is a termination report. (d) Any political committee, issue committee or registered small‐scale issue committee that has not taken the necessary steps to terminate pursuant to Subsection (c) above must have properly disposed of all funds and must file a termination report no later than seventy (70) days after the election. (Ord. No. 162, 2000, § 1, 11‐21‐00; Ord. No. 148, 2001, § 3, 11‐6‐01; Ord. No. 045, 2018 , § 6, 4‐3‐18; Ord. No. 077, 2018 , § 7, 6‐19‐18; Ord. No. 113, 2018 , § 3, 9‐4‐18; Ord. No. 121, 2020 , 10‐20‐20) Sec. 7‐135. Campaign contributions/expenditures. (a) Limits. (1) No person may make contributions and/or contributions in kind totaling more than one hundred dollars ($100.) to the candidate committee of any candidate for the office of Mayor. No person may make contributions and/or contributions in kind totaling more than seventy‐five dollars ($75.) to the candidate committee of any candidate for the office of Councilmember. These limitations shall apply to all contributions or contributions in kind, whether made directly to a candidate committee or indirectly via earmarked gifts passed through an intermediary, except that these limitations shall not apply to: a. Contributions or contributions in kind made by a candidate to his or her own candidate committee; b. Independent expenditures; c. Monetary loans that are: (a) personally guaranteed in writing by the candidate, the candidate's immediate family or a business entity in which the candidate owns at least five (5) percent; or (b) secured by real or personal property owned by the candidate, the candidate's immediate family or a business entity in which the candidate owns at least five (5) percent; or d. Contributions made to a candidate committee by another candidate committee established by the same individual as a candidate for the office of Mayor or Councilmember. 055 Created: 2022‐02‐14 15:13:13 [EST] (Supp. No. 141, Update 1) Page 6 of 17 (2) No person may make contributions and/or contributions in kind totaling more than one hundred dollars ($100.) to a political committee. (3) No person shall make a contribution or contribution in kind in the name of another person or knowingly permit one's name to be used by another person to effect such a contribution or contribution in kind. (b) Limited Liability Company Contributions. A limited liability company ("LLC") may make contributions or contributions in kind to candidate committees or political committees subject to the following requirements and all other applicable limits of this Section: (1) Any contribution from an LLC shall count against contribution limits for both the LLC itself and the individual members of the LLC as apportioned according. The amount a person contributes as an individual member of the LLC shall count towards the aggregate contribution limit for that person in Subsection (a) herein. (2) The LLC shall provide the candidate committee or political committee with a written statement affirming the permissibility of the contribution on a form provided by the City Clerk. The affirmation shall include: a. The name and address of the LLC and each LLC member; b. Information on how the contribution is attributed among the LLC members, which attribution must reflect the capital each member has invested in the LLC relative to the total amount of capital invested in the company, or the percentage of ownership each member has in the LLC as of the date of the contribution. (3) No candidate committee or political committee shall accept a contribution from an LLC unless the LLC provides the written affirmation in compliance with this Section before the contribution is deposited by the committee. (4) The candidate committee or political committee receiving the contribution shall: a. List both the individual LLC members' names and the name of the LLC as contributors on disclosure reports; and b. Retain the affirmation statements for one (1) year after the date of the election; provider however, in the event a complaint is filed against the committee, the committee must maintain the affirmations until the final disposition of the complaint. (5) As used in this Subsection (b), "limited liability company" shall have the same meaning as "domestic limited liability company" as defined in Section 7‐90‐102(15), C.R.S., or "foreign limited liability company" as defined in Section 7‐90‐102(24), C.R.S., as amended. (c) Joint contributions. No person shall make a contribution jointly with another person through the issuance of a check drawn on a jointly owned account unless: (i) the total amount of the joint contribution is less than the maximum amount that can be contributed by one (1) person under the contribution limits established in Subsection (a) of this Section or (ii) the check is signed by all owners of the account, in which event the amount of the total contribution shall be allocated equally among all such persons unless a different allocation is specified on the face of the check. No candidate committee shall knowingly accept a contribution made in violation of this Subsection (bc). (d) Contributions in excess of limits. No later than ten (10) business days after receiving a contribution or contribution in kind in excess of the limits set forth in this Section, the candidate committee that received the contribution shall remit the excess to the contributor or pay to the contributor the value of the contribution in kind. 056 Created: 2022‐02‐14 15:13:13 [EST] (Supp. No. 141, Update 1) Page 7 of 17 (e) No candidate committee, issue committee, small‐scale issue committee or political committee shall knowingly accept contributions or contributions in kind from any person who is not a citizen of the United States, from a foreign government or from any foreign corporation that does not have authority to transact business in this State pursuant to Article 115 of Title 7, C.R.S., or who is prohibited from contributing pursuant to the Charter of the City of Fort Collins or this Article. (f) No issue committee, small‐scale issue committee or political committee shall make a contribution or contribution in kind to any candidate other committee or to any candidate. (g) Contributions from one (1) candidate committee to another. (1) No candidate committee shall make a contribution or contribution in kind to, or accept a contribution or contribution in kind from, a candidate committee of another candidate. (2) No candidate committee shall accept a contribution or contribution in kind from a candidate committee of the same candidate that was established or maintained for a federal, state or county election campaign or office. (h) Recordkeeping. (1) All contributions and contributions in kind received by a candidate committee, small‐scale issue committee, issue committee or political committee shall be documented and deposited and maintained in a financial institution in a separate account whose title shall include the name of the committeethat complies with Subsection 7‐134(a)(7). Following any election in which the committee received contributions, All the committee shall maintain all records pertaining to contributions and related accounts shall be maintained by the committee for one (1) year following any electionthe date the final disclosure report is due under Section 7‐136 or the date the committee terminates, whichever is later, in which the committee received contributions unless a complaint has been filed under Subsection 7‐145(a) alleging a violation of the provisions of this Article, or the person or committee has received notice of an investigation or prosecution of a violation of this Article by the City or other law enforcement authority, in which case they shall be maintained until final disposition of the complaint and any consequent court proceedings. Such records shall be subject to inspection in connection with any investigation or other action to enforce the terms of this Article. (2) Following any election in which the committee made any expenditure, the committee shall document all expenditures and shall maintain All expenditures shall be documented and all records pertaining to said expenditures, including but not limited to invoices, receipts, instruments of payment, and copies of any public communications produced as a result of the expenditure, shall be maintained by the committee for one (1) year following the date the final disclosure report is due under Section 7‐136 or the date the committee terminates, whichever is later,any election in which the committee expended the funds unless a complaint has been filed under Subsection 7‐145(a) alleging a violation of the provisions of this Article, or the person or committee has received notice of an investigation or prosecution of a violation of this Article by the City or other law enforcement authority, in which case they shall be maintained until final disposition of the complaint and any consequent court proceedings. Documentation shall include the name and address of the vendor(s) or payee(s) providing the property, materials, or services and the amount of the expenditure. Such records shall be made available within three (3) business days upon request of the City and subject to inspection in connection with any investigation or other action to enforce the terms of this Article. (i) Reimbursements prohibited. No person shall make a contribution or contribution in kind to a candidate committee, issue committee, small‐scale issue committee or political committee with the expectation that some or all of the amounts of such contribution will be reimbursed by another person. No person shall be reimbursed for a contribution or contribution in kind made to any candidate committee, issue committee, small‐scale issue committee or political committee, nor shall any person make such reimbursement. An 057 Created: 2022‐02‐14 15:13:13 [EST] (Supp. No. 141, Update 1) Page 8 of 17 unexpended campaign contribution returned to a contributor or compensation for a contribution in kind by a candidate committee pursuant to § 7‐135(c) shall not be considered a reimbursement. (j) A candidate committee, issue committee, small‐scale issue committee or political committee shall not coordinate its expenditures or activities with, or share information with, any other such committee and shall not conduct its campaign activities in a manner that has the effect of circumventings any restrictions or limitations on campaign contributions, expenditures or reporting set forth in this Article. (Ord. No. 162, 2000, § 1, 11‐21‐00; Ord. No. 189, 2000, § 1, 1‐2‐01; Ord. No. 148, 2001, § 4, 11‐6‐01; Ord. No. 005, 2017 , § 6, 1‐17‐17; Ord. No. 077, 2018 , § 8, 6‐19‐18; Ord. No. 113, 2018 , §§ 4, 5, 9‐4‐18; Ord. No. 109, 2020 , § 3, 9‐15‐20; Ord. No. 112, 2020 , §§ 2, 3, 9‐15‐20) Sec. 7‐136. Disclosure; filing of reports. (a) All candidate committees, political committees and issue committees shall report to the City Clerk their contributions and contributions in kind received, including the name and address of each person who has made a contribution or a contribution in kind; expenditures made; and obligations entered into by the committee. (b) For purposes of complying with the requirements of this Section, an issue committee, political committee or small‐scale issue committee consisting of an organization whose primary purpose is not to support or oppose ballot issues or candidates shall report only those contributions and contributions in kind accepted, expenditures made and obligations entered into for the purpose of supporting or opposing a ballot issue or ballot question or candidate. Such issue committee shall not be required to report donations, membership dues or any other payments received and for non‐election purposes unless except to the extent such amounts are used or set aside to be used for the purpose of supporting or opposing a ballot issue or ballot question or candidate. (c) Reports shall be filed with the City Clerk as follows: (1) All committees must file reports on the following dates: a. the thirty‐fifth (35th ) day before the election; b. the twenty‐first (21st ) day before the election; c. the fourteenth (14th ) day before the election; d. no later than noon on the Friday before the election; e. the thirty‐fifth (35th ) day after the election; and f. the seventieth (70th ) day after the election. (2) Candidate committees that continue in operation must file a report annually on the first day of the month in which the anniversary of the election occurs until such time as a termination report is filed. (3) If the reporting day falls on a weekend or legal holiday, the report shall be filed by the close of the next business day. (d) The reports required by this Section shall include the balance of funds at the beginning of the reporting period, the total of contributions and contributions in kind received, and the total of expenditures made during the reporting period and the name and address of the financial institution used by the committee or party. (e) All reports shall be submitted on forms provided by the City Clerk and shall be complete and correct in all respects. Reports shall be current in all respects as of two (2) days prior to the date upon which each such report is to be filed. 058 Created: 2022‐02‐14 15:13:13 [EST] (Supp. No. 141, Update 1) Page 9 of 17 (f) A report required to be filed by this Section is timely if the paper report is received by the City Clerk not later than the close of business on the date due or if the report is filed electronically not later than midnight Mountain Standard Time on the date due. Notwithstanding the foregoing, the report that is due by noon on the Friday before the election must be filed by noon regardless of the manner of filing. (g) Any report that is deemed by the City Clerk to be incomplete or inconsistent with the requirements of this Article shall be accepted on a conditional basis, and shall be subject to the penalties and process in § 7‐143. (h) Any candidate committee, political committee or issue committee which has not accepted any contributions or contributions in kind, made any expenditures, or entered into any obligations during a reporting period, shall file a report with the City Clerk on the days specified in Subparagraph (c) above certifying that the committee has not accepted any contributions or contributions in kind, made any expenditures or entered into any obligations during the relevant reporting period. (i) Except as specified in this Subparagraph (i), the disclosure requirements specified in this Section shall not apply to a small‐scale issue committee. To the extent there is any conflict between the small‐scale issue committee provisions of Subparagraphs (i), (j), (k), and (l) of this Section 7‐136, those Subparagraphs shall control. Any small‐scale issue committee shall disclose or file reports about the contributions, contributions in kind or expenditures it has made or received or otherwise register as an issue committee in connection with accepting or making such contributions or expenditures in accordance with the following alternative requirements: (1) Any small‐scale issue committee that accepts or makes contributions or contributions in kind or makes expenditures in an aggregate amount during any applicable election cycle that does not exceed two hundred fifty dollars ($2050.) is not required to disclose or file reports about the contributions, contributions in kind or expenditures it has made or received or otherwise register as an issue committee in connection with accepting or making such contributions or contributions in kind or making such expenditures. (2) Any small‐scale issue committee that accepts or makes contributions or contributions in kind or makes expenditures in an aggregate amount during any applicable election cycle of between two hundred fifty dollars ($2500.) and two thousand five thousand hundred dollars ($52,0500.) shall register with the City Clerk within ten (10) business days of the date on which the aggregate amount of contributions or expenditures exceeds two hundred fifty dollars ($2500.). The registration required by this subparagraph must be on a form provided by the City Clerk and must include the following, together with any other information required to complete the registration form: a. The committee's full name, spelling out any acronyms used in the name; b. The name of a natural person authorized to act as a registered agent of the committee; c. A current street address, mailing address (if different from the street address), telephone number and email address for the principal place of business of the committee; d. A current mailing address, telephone number and email address for the registered agent; e. The purpose or nature of interest of the committee; f. The date of the election regarding which the committee intends to be active; g. The name and address of the financial institution in which all contributions received by the committee are deposited in a separate account bearing the name of the committee, and documentation of such account reasonably satisfactory to the City Clerk; and h. An acknowledgement and certification signed by the registered agent and, from any candidate committee, the candidate. 059 Created: 2022‐02‐14 15:13:13 [EST] (Supp. No. 141, Update 1) Page 10 of 17 (3) A registered small‐scale issue committee must promptly provide updated address, telephone and email information to the City Clerk upon the change of such information for the committee or the registered agent of the committee, or any change in financial institution or account. (j) Except as required by Subsection 7‐135(f)(2), no small‐scale issue committee described in subsection (i)(2) is required under this Article to disclose or report any contributions, contributions in kind or expenditures it has made or received, so long as it continues to meet the definition of small‐scale issue committee. (k) Within seven (7) days of the date on which a small‐scale issue committee accepts or makes contributions or contributions in kind or makes expenditures in an aggregate amount during any applicable election cycle that exceeds two thousand five hundredthousand dollars ($25,5000.), the committee shall: (1) through its registered agent, report this change in the committee's status to the City Clerk; and (2) report to the City Clerk on an approved form, for each particular contribution, contribution in kind or expenditure accepted or made, the name and address of each person who has made such contribution or contribution in kind and the amount of each specific contribution, contribution in kind and expenditure accepted or made by the committee. (l) Once any issue committee that began as a small‐scale issue committee accepts or makes contributions or contributions in kind or makes expenditures in an aggregate amount during any applicable election cycle that exceeds two thousand five thousand hundred dollars ($52,0500.), the committee shall from that point forward make disclosure of any contributions, contributions in kind or expenditures it accepts or makes not already reported under Subparagraph (k) and comply with all requirements under this Article applicable to issue committees. (m) Any political committee or issue committee formed prior to July 1, 2017, will be deemed to have been formed for an election held prior to said date, and shall be deemed terminated and shall cease to operate as a committee as of April 13, 2018, except that any such terminated committee and persons responsible for the operation of such committee shall continue to be subject to the limitations on disbursement of funds set forth in § 7‐138. (Ord. No. 162, 2000, § 1, 11‐21‐00; Ord. No. 189, 2000, § 2, 1‐2‐01; Ord. No. 148, 2001, § 5, 11‐6‐01; Ord. No. 173, 2014, § 7, 12‐16‐14 ; Ord. No. 021, 2016, § 10, 3‐1‐16 ; Ord. No. 005, 2017 , § 8, 1‐17‐17; Ord. No. 045, 2018 , § 7— 11, 4‐3‐18; Ord. No. 077, 2018 , § 9, 6‐19‐18; Ord. No. 113, 2018 , § 6, 9‐4‐18; Ord. No. 109, 2020 , § 4, 9‐15‐20) Sec. 7‐137. Reports to be public record. (a) Upon receipt of any campaign report submitted pursuant to this Article, the City Clerk shall make available such report for public inspection and post the report on the City's website no later than the next business day. (b) No information contained in any campaign report submitted pursuant to this Article shall be sold or used by any person for the purpose of soliciting contributions or for any commercial purpose. (Ord. No. 162, 2000, § 1, 11‐21‐00; Ord. No. 148, 2001, § 6, 11‐6‐01; Ord. No. 021, 2016, § 11, 3‐1‐16 ) Sec. 7‐138. Unexpended campaign contributions. (a) Unexpended campaign contributions to a candidate committee may be: (1) Contributed to a political party; (2) Contributed to a candidate committee established by the same candidate for a subsequent campaign in a City election, or to a candidate committee established after January 1, 2021, for a non‐City 060 Created: 2022‐02‐14 15:13:13 [EST] (Supp. No. 141, Update 1) Page 11 of 17 election, to the extent permitted by applicable law. For a City election, such contributions are subject to the limitations set forth in Paragraph 7‐135(g)(2); (3) Donated to a charitable organization recognized by the Internal Revenue Service; (4) Returned to the contributors; (5) Used to pay for the cost of a recount requested by the candidate pursuant to § 7‐46. In no event shall contributions to a candidate committee be used for personal purposes not reasonably related to supporting the election or retention of the candidate. (b) In addition to any use described in Subsection (a) of this Section, a person elected to the office of Mayor or Councilmember, or retained in office following a recall attempt, may use unexpended campaign contributions held by the person's candidate committee for any of the following purposes: (1) Voter registration; (2) Political issue education, which includes obtaining information from or providing information to the electorate; (3) Postsecondary educational scholarships; (4) To defray reasonable and necessary expenses related to mailings and similar communications to constituents; (5) Any expenses that are directly related to such person's official duties as an elected official, including, but not limited to, expenses for the purchase or lease of office equipment and supplies, room rental for public meetings, necessary travel and lodging expenses for legislative education such as seminars, conferences and meetings on legislative issues, and telephone and pager expenses. (c) A candidate committee for a former officeholder or a person not elected to office shall expend all of the unexpended campaign contributions retained by such candidate committee, for the purposes specified in Subsection (a) of this Section, no later than five (5) years from the date such officeholder's term expired or from the date of the election at which such person was a candidate for office, whichever is later. (d) Unexpended campaign contributions to an issue committee or political committee may be donated to any charitable organization recognized by the Internal Revenue Service, returned to the contributor, or used to pay for the cost of a recount requested by the committee's registered agent pursuant to § 7‐46. (e) Any unexpended campaign contributions held by a candidate committee subsequent to the date of the election shall, upon the registration of a candidate committee for a City office in a subsequent election, be available for that candidate committee as a beginning fund balance to use in that election. Such carryover funds will not count against any contribution limit attributable to any past contributor in a prior election campaign. Absent the candidate registering a candidate committee for a City office in a subsequent election, the unexpended campaign contributions may be used as otherwise set forth in this Section. (Ord. No. 162, 2000, § 1, 11‐21‐00; Ord. No. 148, 2001, § 7, 11‐6‐01; Ord. No. 021, 2016, § 12, 3‐1‐16 ; Ord. No. 109, 2020 , § 5, 9‐15‐20) Sec. 7‐139. Independent expenditures. (a) Any person, excluding a committee required to register under this Article, who makes independent expenditures in connection with any particular ballot totaling in the aggregate more than two hundred fifty dollars ($250.) shall report any such independent expenditures made after that threshold is met to the City Clerk on a form provided by the City Clerk no later than three (3) business days after the day that funds are 061 Created: 2022‐02‐14 15:13:13 [EST] (Supp. No. 141, Update 1) Page 12 of 17 obligated to pay for said independent expenditure. Said notice shall include the following information, together with any other information required by the City Clerk: (1) The name, address and telephone number of the person making the independent expenditures; (2) The name of the candidate whom the independent expenditures are intended to support or oppose; (3) The name and address of the vendor(s) providing the property, materials or services; (4) A detailed description of the independent expenditures sufficient to allow for determination of compliance with this section; (5) The amount of the independent expenditures; (6) The date the funds were obligated; and (7) Copies of receipts, invoices, or other documentation related to the independent expenditure. (b) For the purposes of this provision, funds shall be considered to have been obligated as soon as an agreement is reached for the provision of the property, materials or services in question, regardless of when payment is to be made for such property or services. (c) All independent expenditures shall be documented and all records pertaining to independent expenditures, including but not limited to invoices, receipts, instruments of payment, and copies of any public communications produced as a result of the expenditure, shall be maintained for one (1) year following any election in which the funds were expended unless a complaint has been filed under Subsection 7‐145(a) alleging a violation of the provisions of this Article, or the person or committee has received notice of an investigation or prosecution of a violation of this Article by the City or other law enforcement authority, in which case they shall be maintained until final disposition of the complaint and any consequent court proceedings. Such records shall be made available within three (3) business days upon request of the City and subject to inspection in connection with any hearing held pursuant to this Article. (d) Any person or persons, excluding a committee otherwise required to register under this Article, who makes or make independent expenditures in connection with any particular City election (including either candidate races or ballot questions or issues) totaling in the aggregate two thousand five hundred dollars ($2,500) or more, shall register as an issue committee or political committee, as applicable, within three (3) business days of having made expenditures in excess of such threshold. The initial report of any such committee shall provide the dates of any reports of independent expenditures previously made and the source of funds for said previously reported expenditures. (Ord. No. 162, 2000, § 1, 11‐21‐00; Ord. No. 148, 2001, § 8, 11‐6‐01; Ord. No. 005, 2017 , § 7, 1‐17‐17; Ord. No. 077, 2018 , § 10, 6‐19‐18; Ord. No. 113, 2018 , § 7, 9‐4‐18) Sec. 7‐140. Responsibility for communications. (a) Required Statements. (1) Whenever a candidate, candidate committee, issue committee, political committee or registered small‐ scale issue committee makes an expenditure for the purpose of financing communications expressly advocating a particular result in an election, or solicits any contribution or contribution in‐kind through any broadcasting station, newspaper, magazine, outdoor advertising facility, direct mailing or any other type of general public political advertising, such communication if paid for or authorized by a candidate, candidate committee, issue committee, political committee, registered small‐scale issue committee, or any agent for the same, shall clearly state that the communication is paid for by that candidate, candidate committee, issue committee, political committee or registered small‐scale issue committee. 062 Created: 2022‐02‐14 15:13:13 [EST] (Supp. No. 141, Update 1) Page 13 of 17 (2) Whenever any person makes an independent expenditure in excess of the reporting threshold in § 7‐ 139 for the purpose of financing communications expressly advocating for a particular result in an election, such communication shall clearly state that the communication is paid for by that person. (b) In regard to the different forms of communication set forth in subsection (a) of this Section 7‐140, "communication" shall include, but shall not be limited to: (1) Websites or social media of a candidate, candidate committee, issue committee, political committee or registered small‐scale issue committee available to the general public; (2) Websites or social media of a person if and to the extent they are financed by independent expenditures in excess of the reporting threshold in § 7‐139 and are available to the general public; and (3) Advertisements placed for a fee on another person's website or social media. (c) The statement required by this Section 7‐140 must be clear and conspicuous in the communication. The statement required herein shall not apply to communications where including the statement would be impractical, such as: (1) Bumper stickers, pins, buttons, pens and similar small items upon which the disclaimer cannot be conveniently printed; (2) Skywriting, water towers, wearing apparel, or other means of displaying an advertisement of such a nature that the inclusion of a disclaimer would be impracticable; or (3) Checks, receipts, and similar items of minimal value that are used for purely administrative purposes and do not contain a political message. (d) Nothing herein shall be deemed to alleviate any person from complying with federal campaign finance law, as applicable. (Ord. No. 113, 2018 , § 8, 9‐4‐18) Sec. 7‐141. Expenditures for political advertising; rates and charges. (a) No candidate committee shall pay to any radio or television station, newspaper, periodical, internet advertiser or website provider, social media provider or other supplier of materials or services a higher charge than that normally required for local commercial customers for comparable use of space, materials or services. Any such rate shall not be rebated, directly or indirectly. (b) Any radio or television station, newspaper, internet advertiser or website provider, social media provider or periodical that charges an issue committee, small‐scale issue committee or candidate a committee a lower rate for use of space, materials or services than the rate such station, newspaper, internet advertiser or website provider, social media provider or periodical or supplier charges another issue committee or candidate committee for the same ballot measure or public office for comparable use of space, materials or services shall report the difference in such rate as a contribution in kind to the committee that is charged such lower rate. A person who receives a discounted rate as described herein shall be deemed to have received a contribution and to meet the definition of political committee, issue committee or small‐scale issue committee, as applicable, and must comply with the related requirements. (c) Nothing in this Article shall be construed to prevent an adjustment in rates related to frequency, volume, production costs and agency fees if such adjustments are offered consistently to other advertisers. (Ord. No. 162, 2000, § 1, 11‐21‐00; Ord. No. 077, 2018 , § 11, 6‐19‐18; Ord. No. 113, 2018 , § 9, 9‐4‐18) 063 Created: 2022‐02‐14 15:13:13 [EST] (Supp. No. 141, Update 1) Page 14 of 17 Sec. 7‐142. Encouraging withdrawal from campaign prohibited. No person shall offer or give any candidate or candidate committee any money or any other thing of value for the purpose of encouraging the withdrawal of the candidate's candidacy, nor shall any candidate offer to withdraw a candidacy in return for money or any other thing of value. (Ord. No. 162, 2000, § 1, 11‐21‐00) Sec. 7‐143. Violations and penalties. (a) Except as provided in Subparagraph (e) herein, any person who knowingly violates or fails to comply with the provisions of this Article as set forth in the following schedule commits a civil infraction and is subject to a civil penalty as follows: Code Section Penalty Amount 7‐133 – Candidate affidavit; disclosure statement; failure to file No monetary penalty (disqualification per Section 7‐ 133) 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 (b) Any person who undertakes any of the following commits a misdemeanor and is subject to a fine or imprisonment in accordance with § 1‐15: (1) Knowingly violates § 7‐136 with the intent to fraudulently misrepresent campaign contributions or expenditures on a disclosure report; (2) Knowingly violates § 7‐142; or (3) Is found liable for a violation after the person has been found liable for two (2) or more violations under this Article in a single election cycle. (c) Failure to comply with the provisions of this Article shall have no effect on the validity of any election, except as expressly required by the City Charter. (Ord. No. 162, 2000, § 1, 11‐21‐00; Ord. No. 109, 2020 , § 6, 9‐15‐20) Sec. 7‐144. Severability. If any provision of this Article or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Article which can be given effect without the invalid provision or application, and to this end the provisions of this Article are declared to be severable. (Ord. No. 162, 2000, § 1, 11‐21‐00) 064 CHAPTER 7 ‐ ELECTIONS ARTICLE V. ‐ CAMPAIGNS Division 2 Campaign Violations Fort Collins, Colorado, Municipal Code Created: 2022‐02‐14 15:13:14 [EST] (Supp. No. 141, Update 1) Page 15 of 17 Division 2 Campaign Violations Sec. 7‐145. Allegation of campaign violation. (a)Any candidate or registered elector of the City ("complainant") who has reason to believe a violation of Chapter 7, Article V, of this Code, has occurred by any person, candidate, candidate committee, issue committee, small‐scale issue committee or political committee may file a written complaint with the City Clerk, no later than sixty (60) days after the alleged violation has occurred. (b)The complaint must contain: (1)The name of the alleged violator; (2)The Code provision allegedly violated; (3)A brief statement or description of the offense allegedly committed and the basis for the allegation; (4)Identification of any relevant documents or other evidence; (5)Identification of any witnesses or persons with relevant knowledge; and (6)The name, address and telephone number of the complainant. (c)For complaints that allege a criminal violation as set forth in § 7‐143(b), the City Clerk will forward the complaint to the respondent and to the City Attorney, who will evaluate the complaint for probable cause as provided for in this Division 2. (d)For complaints that do not allege a criminal violation, the complaints shall be subject to a civil infraction process as provided herein: (1)The City Clerk will forward the complaint to the respondent by electronic mail, notifying the respondent that the alleged violation may be subject to a civil infraction. (2)The City Clerk will forward the complaint to the City Attorney, who shall review the complaint to determine whether the complaint: a.Was timely filed under § 7‐145(a); b.Contains the information required by § 7‐145(b); and c.Alleges sufficient facts to support a factual and legal basis for the violations alleged. (3)If the City Attorney determines that the complaint fails to satisfy any of the three (3) elements in the immediately preceding Subsection (2), the City Attorney shall so notify the City Clerk who will, in turn, notify the complainant and respondent in writing. (4)If the City Attorney determines that the complaint satisfies the three (3) elements in the immediately preceding Subsection (2), the City Attorney shall notify the City Clerk who will, in turn, notify the respondent in writing of the presumptive penalty in accordance with § 7‐143(a) and that the respondent shall have seven (7) days from the date of the notice to submit written evidence of its cure or diligent efforts to cure the violation, including any amendments to any applicable report containing one or more deficiencies, modified campaign materials or other proof that the violation has been corrected. The respondent's written response shall be due to the City Clerk no later than 5:00 p.m. on 065 Created: 2022‐02‐14 15:13:13 [EST] (Supp. No. 141, Update 1) Page 16 of 17 the seventh (7th ) day. In the event the seventh (7th ) day is a City holiday, the response shall be due no later than 5:00 p.m. the next business day. (5) On receipt of the respondent's written response, the City Attorney may, through the City Clerk, ask the respondent to provide more information and may grant the respondent an extension of time of up to seven (7) additional days to file an amended response regarding cure in order to respond to any such request. (6) After the period for cure has expired, the City Attorney shall determine whether the respondent has cured any violation alleged in the complaint and, if so, whether respondent has substantially complied with its legal obligations under Chapter 7, Article 5, of this Code. In determining whether the respondent has substantially complied with its legal obligations, the City Attorney shall consider: a. The extent of the respondent's noncompliance; b. The purpose of the provision violated and whether that purpose was substantially achieved despite the noncompliance; and c. Whether the noncompliance may properly be viewed as a knowing attempt to mislead the electorate or election officials. If the City Attorney determines the respondent has cured any violation or otherwise substantially complied with its legal obligations under Chapter 7, Article 5, the City Attorney shall so notify the City Clerk who, in turn, shall notify the complainant and the respondent and no penalty shall apply for the corresponding alleged violation or violations, as applicable. (7) If the City Attorney determines the respondent has not cured the alleged violation or otherwise substantially complied with its legal obligations, the City Attorney may conduct additional review or investigation of the allegations of the complaint to determine whether to file a complaint with the Municipal Court. (8) If the City Attorney files a complaint with the Municipal Court, the matter shall be governed by Article V of Chapter 19 of this Code. (9) A complainant or any other nonrespondent shall not be a party to the City Attorney's initial review, cure proceedings, investigation, or any proceeding in the Municipal Court. A complainant may request permission from the Municipal Judge or their designee to file an amicus curiae brief. (10) Any person that commits a violation of shall be personally liable for the penalties imposed. If the person’s conduct constituting the violation was a result of that person’s involvement with a committee, the person may use the committee’s contributions to pay penalties. Any candidate shall be personally liable for penalties imposed upon the candidate or the candidate's committee and may use campaign contributions to pay penalties. (Ord. No. 005, 2017 , § 9, 1‐17‐17; Ord. No. 113, 2018 , § 10, 9‐4‐18; Ord. No. 109, 2020 , § 7, 9‐15‐20) Sec. 7‐146. Evaluation of campaign complaint. (a) For those complaints that concern a criminal violation pursuant to § 7‐143(b), if the City Attorney determines that no probable cause exists, that the complaint fails to allege an enforceable violation, or that the requirements of § 7‐145 were not met by the complainant, the City Attorney shall so notify the City Clerk, who will, in turn, notify the complainant and respondent in writing. (b) If the City Attorney determines probable cause exists, the City Attorney may notify Fort Collins Police Services, who, in consultation with the City Attorney, may file and serve a summons and complaint to the respondent. 066 Created: 2022‐02‐14 15:13:13 [EST] (Supp. No. 141, Update 1) Page 17 of 17 (c) The City Attorney retains prosecutorial discretion on whether to ultimately file criminal charges. If the City Attorney determines filing a summons and complaint is inappropriate, he or she shall so notify the City Clerk, who will, in turn, notify the complainant and respondent in writing. (Ord. No. 005, 2017 , § 9, 1‐17‐17; Ord. No. 109, 2020 , § 8, 9‐15‐20) Sec. 7‐147. Conflicts of interest. Notwithstanding the above, nothing in this Article shall be read to preclude the City Attorney from declaring a conflict of interest, and taking appropriate action in accordance with this Code and general practices of the City, including, but not limited to, hiring special counsel, if deemed necessary and advisable under the circumstances. (Ord. No. 005, 2017 , § 9, 1‐17‐17) Sec. 7‐148. Complaint not required for city action. Nothing in this Article shall preclude the City from pursuing an action, civil or criminal, against any person, candidate, candidate committee, issue committee, small‐scale issue committee or political committee for any violation of this Chapter, regardless of whether a complaint had been filed pursuant to this Article. (Ord. No. 005, 2017 , § 9, 1‐17‐17) Sec. 7‐149. Administrative procedures. The City Manager is charged with ultimate authority to pursue complaints under this Article and is hereby authorized to adopt administrative regulations consistent with the provisions of this Article. (Ord. No. 005, 2017 , § 9, 1‐17‐17) Sec. 7‐150. Reserved. Editor's note(s)—Ord. No. 109, 2020 , § 9, adopted September 15, 2020, repealed § 7‐150, which pertained to action by complainant, and derived from Ord. No. 005, 2017 , § 9, adopted January 17, 2017. Secs. 7‐151—7‐154. Reserved. 067