HomeMy WebLinkAboutMemo - Read Before Packet - 02/18/2025 - Memorandum from Cecilia Good re Election Code Presentation Update
City Clerk
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P.O. Box 580
Fort Collins, CO 80522
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MEMORANDUM
DATE: February 18, 2025
TO: Mayor and Councilmembers
FROM: Cecilia Good, Senior Deputy City Clerk
RE: Election Code Presentation Update
The election code presentation has been updated to include additional information regarding the
campaign violation process. The updated presentation is attached.
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Election Code
Changes
February 2025
Cecilia Good, Senior Deputy
City Clerk
Sara Arfmann, Assistant
City Attorney II
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How We Got Here
•The Election Code Committee (ECC) had its first meeting on March 27, 2024
•The committee included the following topics as priorities:
o Campaign Enforcement Process
o Campaign Finance
o Petition Accessibility
•Other Election Code cleanup items were identified through the update process, such as Ranked Choice
Voting, Definitions, Timeline modifications, Write-in Candidates, and Clerk Duties
•Staff presented initial drafts of some code changes at the October 21, 2024 meeting and Committee members
worked to refine the language and look at additional code changes at the subsequent meetings in
December,January, and February.
•At its February 18, 2025 meeting, the ECC recommended adopting the code changes presented by staff.
Element5 Digital
Headline Copy Goes HereCampaign Violation Process
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Campaign Violation Process
•Complainant must have a “reasonable, good faith belief, based on factual information” that a violation occurred
•Currently it only states that a person has “reason to believe” a violation occurred
•Requires complainant to provide all documents/evidence of the violation known to them to support the complaint
•Clarifies that the City Clerk makes the determination with consultation with the City Attorney’s Office
•Clearly states that outside counsel will be retained if the complaint involves a candidate for an elected position
•Clearly states that the CAO may retain any internal or outside investigatory services to conduct an investigation
•Clearly states that when a complaint is dismissed the reasoning for the dismissal will be included in the required notifications
•Creates a more streamlined and easier to understand process
•Clearer deadlines
•Ability to pay, cure, or provide evidence earlier
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Code Changes Proposed for Council Consideration
Write-In Candidates
Proposal to eliminate write-in candidates.
•Sec. 7-103. -Write-in candidates.
•No write-in vote for a candidate for City Council office
shall be counted. unless the person whose name
appears as the write-in vote has filed an affidavit of intent
with the City Clerk, no later than the close of business
sixty-four (64) days before the election, indicating that
such person desires and is qualified for the office.
Headline Copy Goes HereCandidate Deadlines
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•Nomination Petitions:
•25 signatures
•Currently 71 days before election:
8/25/25
•Proposed amendment to 70 days:
8/26/25
•Write-In Candidates:
•File affidavit of intent indicating
desire & qualification to run
•Currently 64 days before election:
8/29/25 ⎻(9/1/25 is Labor Day)
•Deadline for City to File with County:
•9/5/25
Headline Copy Goes HereCode Changes Proposed for Council Consideration
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Petition Circulation
Proposal to eliminate the requirement that a
petition must be read aloud upon request
but ensuring the information is accessible
by any reasonable method requested.
Sec. 7-165. – Obligation of petition circulators.
Any person circulating a petition approved
for circulation by the City Clerk shall will,
upon the request of any person to whom
the petition is presented,read aloud to such
person make the entire text of the initiated
or referred measure that is the subject of
the petition or, in the case of a
recall petition, the statement of charges and
statement of defenses, accessible by any
reasonable method.
Headline Copy Goes HereFinancial Code Changes Proposed for Council Consideration
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Campaign contributions/expenditures
•Increase contribution limits to $200/Mayor; $150/Councilmember
•Clarifies 3rd party transaction fees; joint contributions; electronic contributions
•Prohibits cryptocurrency
•Inflation Adjustment - the City Clerk will adjust the limit based on based on the CPI
index for the Denver area rounded to the nearest $10, starting in Q4 2026 then
every 2 years after
•If the new amount after CPI adjustment is $223, then it would be rounded down
to $220
•If the new amount after CPI adjustment is $228, then it would be rounded up to
$230
Headline Copy Goes HereFinancial Code Changes Proposed for Council Consideration
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Sec. 7-136. - Disclosure updates:
•Report due within 2 weeks of receipt when the election is
more than 91 days away
•Then the first of the quarter until the election is 63 days
away, and then:
•63rd day before
•35th day before
•21st day before
•14th day before
•Noon Friday before
•28th day after
•70th day after
State law requirements:
Disclosures “must be filed no later
than:”
•60 days before;
•30 days before;
•15 days before; and
•30 days after.
CRS 1-45-108(F)(2)(II.5)
Headline Copy Goes Here2025 Election Reporting Deadlines
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•If contributions received on or before April 30th:
•First report due: May 1st
•Second report due: July 1st (first day of the quarter)
•Third report due: September 2nd (63rd day before election)
•Fourth report due: September 30th (35th day before)
•Fifth report due: October 14th (21st day before)
•Sixth report due: October 21st (14th day before)
•Seventh report due: October 31st by noon (Friday before)
•Eighth report due: December 2nd (28th day after)
•Ninth report due: January 13th (70th day after)
•First contribution received between May 1st - August 5th (91
days before election):
•First report due: within 2 weeks of receipt
•All other reports the same as above as applicable
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Code Changes Proposed for Council Consideration
Ranked Voting Provisions
Proposal to add provisions that enable the City Clerk to run
special elections that are not coordinated with the County
in compliance with the rules adopted by the Secretary of
State.
Sec. 7-21. - Administration of City-administered elections.
The provisions of this article apply to the administration of
City-administered elections. Any election conducted as a
coordinated election with the County is subject to the
provisions of applicable state law. Any ranked voting election
conducted by the City Clerk will be in compliance with the
rules adopted by the Secretary of State pursuant to the
Colorado Code of Regulations 8 C.C.R. 1505-1:26, as
adapted for a City administered election. New Jersey State Bar
Headline Copy Goes HereClean-Up Code Changes Proposed for Council Consideration
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Sec. 7-20. - Duties of city clerk.
The City Clerk shall is responsible to:
(3) Make reports and statements filed under Article V
available on the City's website promptly no later
than the next business day;
(4)Supervise the review and evaluation of complaints
and initiate complaints Report complaints received
regarding alleged violations of Article V to the City
Manager.
Sec. 7-116 & 7-117 - Recall & Nomination
Petition Circulation Periods:
•Circulation must be done 70 days before
election
•Recall nominations may circulate upon a
recall petition submitted to the CCO
•May submit additional signatures until 70 days
before election
Sec. 7-149. - Administrative procedures
authority.
The City Clerk is authorized to engage an outside
party to assist in investigating and
review of complaints under this Article.The City
Manager Clerk is charged with
ultimate authority to pursue complaints under this
Article and is hereby authorized
to adopt administrative regulations consistent with
the provisions of this Article.
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