HomeMy WebLinkAboutAgenda - Mail Packet - 7/19/2016 - Information From Wanda Winkleman And Rita Knoll Re: Election Code Committee Summer Session- Agenda For July 18, 2016 Meeting%�of
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MEMORANDUM
DATE: July 11, 2016
City Clerk
300 LaPorte Avenue
PO Box 580
Fort Collins, CO 80522
970.221.6515
970.221-6295 - tax
lcgov com/cityclerk
TO: Election Code Changes Ad Hoc Council Committee
Councilmembers Ross Cunniff (Chair), Bob Overbeck, Kristin Stephens
THROUGH: Darin Atteberry, City Managers --
Jeff Mihelich, Deputy City Manager-%11-
FROM: Wanda Winkelmann, City Clerk &, ,
Rita Knoll, Chief Deputy City ClerI
RE: Election Code Committee Summer Session — First Meeting
The Election Code Changes Council Committee last met in February, and City Council adopted Ordinance
No. 21, 2016 as a result of the Committee's recommendations. Due to the need for additional election -
related topics to be explored, City Council has requested that the Committee meet this summer to
discuss:
1. Signature Verification;
2. Deadline to Certify Election Results (Charter Amendment);
3. Recordkeeping for Campaign Expenditures and Independent Expenditures;
4. District -Precinct Map;
5. Election Complaints.
Additionally, during the 2016 legislative session, a bill concerning disclosure requirements for small issue
committees was passed (Senate Bill 16-186). Staff will provide an overview on the bill, discuss its impact
on Fort Collins, and elicit Committee feedback on this legislation.
Once the Committee has discussed these topics, the proposed amendments will be reported to Council
for possible consideration at a future Council meeting.
Attachments
1. Agenda for July 18, 2016 Meeting
2. Minutes from the February 23 Committee Meeting
3. Matrix: Suggested Amendments
cc: Mayor and City Council
Darin Atteberry, City Manager
Carrie Daggett, City Attorney
f
Fort
`"YColLins
AGENDA
City Council Ad Hoc Committee
Election Code Amendments
July 18, 2016
Noon
City Clerk Large Conference Room
300 LaPorte Avenue, Fort Collins, CO
Committee Members:
Councilmember Bob Overbeck, District 1
Councilmember Kristin Stephens, District 4
Councilmember Ross Cunniff, District 5, Chair
City Clerk
300 LaPorte Avenue
PO Box 580
Fort Collins, CO 80522
970.221.6515
970.221-6295 - tax
fcgov.com/cityc1erk
1. Call Meeting to Order
2. Approval of February 23, 2016 Committee Meeting Minutes
3. Suggested Election Code/Charter Changes
a. Signature Verification
b. Charter Amendment Regarding Date of Canvass (Certifying Election Results)
c. Recordkeeping Requirements for Campaign Expenditures and Independent
Expenditures
d. Amending the District -Precinct Map
e. Election Complaints
4. Senate Bill 16-186: Small Issue Committee Disclosure Requirements
5. Other Business
6. Adjournment
Council Election Ad -Hoc Committee Minutes
February 23, 2016, 3:30 p.m.
Members in Attendance: Kristin Stephens, Bob Overbeck, and Ross Cunniff (chair).
Staff in Attendance: Carrie Daggett, City Attorney; Wanda Winkelmann, City Clerk; Rita Knoll,
Chief Deputy City Clerk; Cary Carricato Alton, Paralegal.
A meeting of the City Council Ad -hoc Election Committee ("Committee") was held on
Wednesday, February 23, 2016, in the City Clerk's Office Large Conference Room, to consider
proposed changes to the Fort Collins Charter and Municipal Code related to elections.
The meeting began at 3:33 p.m. The Board reviewed the Agenda which contained these items:
1. Call Meeting to Order
2. Approval of January 20, 2016 Committee Meeting Minutes
3. Suggested Election Code Changes
a. Signature Verification — provided updated information
b. Absentee Ballots — broaden to include all absentee voters
4. Other Business
5. Adjournment
Councilmember Cunniff called the meeting to order. Councilmember Cunniff stated that the
second order of business from the agenda was approval of the minutes from January 20, 2016
meeting. Councilmember Stephens moved for the approval of the minutes, Councilmember
Overbeck seconded the motion. The minutes were approved unanimously.
Suggested Election Code Changes
a. Signature Verification
City Clerk Winkelmann summarized the new information obtained from touring the Larimer
County Facilities on February 18, 2016. In addition, Ms. Winkelmann indicated there have been
ongoing discussions with the Colorado Secretary of State's office concerning signature
verification. Ms. Winkelmann summarized the current system which is a web voter look up
interface. Chief Deputy City Clerk Knoll clarified that the current Secretary of State system is a
web interface where the City does not currently have access to the signatures. The Secretary of
State is considering giving municipalities access to the signature portion of voter information. Ms.
Knoll noted that it is a manual system where each signature on ballots must be reviewed manually
by an election worker.
Councilmember Cunniff asked if, based on the bar codes associated with each ballot, each
signature could be associated with each ballot to simplify verifying signatures through work with
the City's IT department. City Clerk Winkelmann responded that it would not be through the
City's IT department, but through modifications to the Secretary of State system. Chief Deputy
Clerk Knoll clarified that the Secretary of State, at this point, is not looking for an automated
solution, but they are proposing a manual solution so the City would have access to the signature
images. She added one election vendor provides an automated solution, and there are other
industries that use signature technology such as in the banking industry. She said that the City
Clerk would want to pursue an automated system.
Council Election Committee
Meeting Minutes February 23, 2016
Page 2 of 3
City Clerk Winkelmann reported that in talking with other municipalities concerning their
practices for signature verification, it was reported that other municipalities had been obtaining
signature images from their respective Counties. Ms. Winkelmann indicated that, through follow
up with Larimer County, it was determined that it was possible for them to provide signature
images. Ms. Winkelmann met with Larimer County and they indicated that they had just recently
learned that they can provide signature images, and that an Intergovernmental Agreement and
confidentiality agreement would be necessary to facilitate this sharing of images. Ms.
Winkelmann indicated there would be need for further discussion about whether to go with the
Secretary of State system or the Larimer County system, but it is encouraging that there are now
two available options to consider.
Councilmember Overbeck asked how much additional time is needed to fully investigate the
options and what works best from staff perspective. City Clerk Winkelmann indicated that the
City Clerk's office recommendation is that it be done in time for the April, 2019 election. Chief
Deputy Clerk Knoll clarified that the bill before the legislature does not require or authorize
signature verification until after March 30, 2018.
Chief Deputy Clerk Knoll reported that the Larimer County Clerk shared valuable information
concerning signature verification during their meeting. The Larimer County Clerk indicated that it
takes an election judge approximately four seconds for each manual verification of a voter's
signature. She also stated that the County is qualifying approximately sixty percent of ballots
electronically, so the time estimate only applies to those ballots that must be manually verified, and
of those manually verified, ninety percent are qualified on the first available signature. The
legislation has been modified to state that if one election judge feels that the signatures are a
match, the ballot is qualified and counted. This process eliminates voters from getting unfairly
disqualified.
There was discussion of the statistics of manually checking ballots based on the last election and
the number of ballots received on particular dates, including Election Day. Based on the
information received from Larimer County, City Clerk Winkelmann indicated that it would have
taken approximately twenty man hours to signature verify the ballots just received on Election
Day, so the Clerk's Office would have had to have more available election judges on hand, or the
results on Election Day would have been delayed. Chief Deputy Clerk Knoll explained that based
on the payment to election judges, she didn't think it was cost prohibitive to have enough elections
judges on hand.
City Attorney Carrie Daggett explained that concerning the process to implement signature
verification, two approaches have been discussed which will be put into the Ordinance coming
forward on second reading. The first option is to add language which recognizes the pending
legislation and directing the City Clerk to come back with further recommended modifications to
election code at a later date. The second option would be to put in the code that prior to the April,
2019 Election, there would not be signature verification, but that the City intends to institute it in
future elections.
City Clerk Winkelmann explained that one vendor estimates the cost for signature verification
equipment to be $65,000. The equipment could be used for three to four elections.
Council Election Committee
Meeting Minutes February 23, 2016
Page 3 of 3
Councilmember Stephens asked City Attorney Daggett what she felt the best course might be to
take under the circumstances. City Attorney Daggett explained that she felt there might be benefit
to showing a commitment in moving fonvard with signature verification; however, based on the
number of variables changing and the evolving legislation, she leaned toward codifying the current
practice and recognizing a need for further discussion once all the information is available. She
explained that whatever the Committee recommends, those changes would be made to the
Ordinance that goes to print on February 24, 2016.
Councilmember Stephens indicated that it would be her preference to leave room to spell out the
signature verification process once all the information is known. She indicated that she would be
an advocate of publicly stating that the City is committed to instituting a process, but not enough
information is known to codify the changes to the City Election Code. Ms. Daggett indicated there
is draft language in the draft Ordinance which says that the City Clerk should continue to
investigate options and come back to the Council in late 2016 with further recommendations.
Councilmember Overbeck indicated that his preference would be to indicate that a modification
will be necessary in the future. The Committee unanimously approved submitting this option to
the Council as whole.
b. Absentee Ballots — broaden to include all absentee voters
City Clerk Winkelmann stated that when they looked at the proposed election code changes, it
occurred to them that it might be useful to broaden the ability of voters who request absentee
ballots to vote electronically, and not just those who are military and registered as UOCAVA
voters. This could apply to a situation where someone is in the United States, but still isn't able to
return their ballot by mail. So, there was a small change to the language previously recommended.
Chief Deputy City Clerk Knoll explained this change will reflect current practice of the City
Clerk's office.
Other Business
Councilmember Cunniff asked if there were other issues that needed the Committee's attention.
City Clerk Winkelmann indicated that the only item was whether the Committee would be
interested in touring the Larimer County Election facilities. The Committee members each
expressed an interest in touring these facilities, and recommended that the entire Council be asked
if they were interested in touring the facilities. City Clerk Winkelmann indicated that she would
follow up on this issue and report to the Council.
City Attorney Carrie Daggett stated there have been modifications to the Election Code Changes
under the section concerning applicable law. Ms. Daggett indicated this section (Page 8, Section
14) was simplified and she believes that the change is easier to understand and follow.
Meeting adjourned at 3:58 p.m.
Election Code Amendments
July 18, 2016
PROPOSED CHANGE A:
EXPLANATION:
House Bill 16-1070 requires that after March 30, 2018,
access to the digitized signatures contained in the statewide
voter registration system must be made available to
(Note: this change is dependant upon the Charter municipal clerks.
Amendment in Proposed Charlie B
CURRENT CODE PROVISION:
Sec. 7-190. - Voting and return of ballots.
(a) Upon receipt of a ballot, the eligible elector shall mark the ballot, sign and complete the return envelope and comply
with the instructions provided with the ballot.
(b) The eligible elector may return the marked ballot to the City Clerk by United States mail or by depositing the ballot at
the office of the City Clerk or any place designated by the City Clerk. The ballot must be returned in the return envelope.
If an eligible elector returns the ballot by mail, the elector may provide the necessary postage or, if not so paid by the
elector, the cost of return postage shall be paid by the City. In order to be counted, the ballot must be received at the office
of the City Clerk or a designated depository prior to 7:00 p.m. on election day.
(c) Ballots received by the City Clerk after 7:00 p.m. on election day shall not be counted, but shall be pre,,erved in
accordance with § 7-195 below
Conduct signature verification beginning with the 2019
municipal election.
Sec. 7-191. - Receipt and qualification of ballots; signature verification not required.
(a) All ballots, including undeliverable ballots, shall be marled to indicate the date the ballot was received by the City
Clerk
(b) Upon receipt of a voted ballot, an election worker shall first qualify the submitted ballot based on a visual inspection
of the self -affirmation signature on the return envelope compared to the name of the elector printed on the envelope to
determine whether the ballot was submitted by said elector. Comparison of the signature on the return envelope to any
signature image, including those signature images in the statewide voter registration system, is not required If the ballot
so qualifies and is otherwise dalid, the election judge shall indicate in the poll book that the eligible elector cast a ballot,
and shall prepare the ballot for counting in accordance with § 7-193 below.
(c) If an election worker is unable to qualify the ballot as set forth in Subsection (b) above, the ballot shall be rejected and
the reason for rejection shall be indicated in the poll book. Rejected ballots shall remain unopened and shall be securely
stored separate from qualified ballots unless such ballots are corrected as provided in § 7-192 below.
(d) If an election worker determines that an eligible elector to whom a replacement ballot has been issued has voted more
than once, the City Clerk shall nohcount any ballot cast by the elector.
SUGGESTED AMENDMENT:
Sec. 7-190. - Voting and return of ballots.
(a) Upon receipt of a ballot, the eligible elector shall mark the ballot, sign and complete the return envelope and comply
with the instructions provided with the ballot.
(b) The eligible elector may return the marked ballot to the City Clerk by United States mail or by depositing the ballot
at the office of the City Clerk or any place designated by the City Clerk. The ballot must be returned in the return
envelope. If an eligible elector returns the ballot by mail, the elector may provide the necessary postage or, if not so paid
by the elector, the cost of return postage shall be paid by the City. In order to be counted, the ballot must be received at
the office of the City Clerk or a designated depository prior to 7:00 p.m. on election day.
(c) Ballots received by the City Clerk after 7:00 p.m. on election day shall not be counted except as provided in § 7-191
below, but shall be preserved in accordance with § 7-195 below.
Sec. 7-191. - Receipt and qualification of ballots; signature verification nitt-rent:+retl.
(a) All ballots, including undeliverable ballots, shall be marked to indicate the date the ballot was received by the City
Clerk.
(b) Upon receipt of a voted ballot in an election conducted prior to April 2019, an election worker shall first qualify the
submitted ballot based on a visual inspection of the self -affirmation signature on the return envelope compared to the
name of the elector printed on the envelope to determine whether the ballot was submitted by said elector. Comparison of
the signature on the return envelope to any signature image, including those signature images in the statewide voter
registration system, is not required. If the ballot so qualifies and is otherwise valid, the election judge shall indicate in the
poll book that the eligible elector cast a ballot, and shall prepare the ballot for counting in accordance with § 7-193 below.
(c) Beginning with the April 2019 municipal election, provided that the City Clerk has been given access to digitized
signatures in the statewide voter registration system for each elector, election workers shall compare the elector's self -
affirmation signature on the return envelope with the elector's digitized signature(s) in the statewide voter registration
system in accordance with the provisions of Section 31-10-910.3, C.R.S.
(ed) If an election worker is unable to qualify the ballot as set forth in Subsection (b) or (c) above, the ballot shall be
rejected and the reason for rejection shall be indicated in the poll book. Rejected ballots shall remain unopened and shall
be securely stored separate from qualified ballots unless such ballots are corrected as provided in § 7-192 below.
(de) If an election worker determines that an eligible elector to whom a replacement ballot has been issued has voted
more than once, the City Clerk shall net count any the first ballot etts.t. received by the elector and shall reject any
subsequent ballots received from that elector.
Sec. 7-192. - Rejected ballots.
The City Clcrk is offs h;► .errei -fe-f c
(a) Unsigned return envelopes. Beginning with the April 2019 municipal election, the City Clerk shall, within three (3)
days after receipt of a ballot returned in an unsigned return envelope, but in no event later than two (2) days after election
day, send to the eligible elector at the mailing address indicated in the registration records a letter explaining the
deficiency and instructing the eligible elector how to correct the deficiency. If the elector appears in the office of the City
Clerk no later than the close of business on the eighth day after the date of the election to sign the return envelope, and if
the ballot is otherwise valid, the ballot shall be counted.
(b) Ballots received without rt return envelope. Beginning with the April 2019 municipal election, the City Clerk shall,
within three (3) days after receipt of ballot received without placing the ballot in a return envelope, provided that such
ballot still has the ballot stub attached providing information sufficient to identify the elector to whom the ballot was
issued, but in no event later than two (2) days after election day, send to the eligible elector at the mailing address
indicated in the registration records a letter explaining the deficiency and instructing the eligible elector how to correct the
deficiency. If the elector appears in the office of the City Clerk no later than the close of business on the eighth day after
Election Day to sign the return envelope, and if the ballot is otherwise valid, the ballot shall be counted.
c) No elector shall be allowed to correct a deficiency without first producing valid proof of identification. No elector
shall be allowed to open, change, or alter his or her ballot while in the process of correcting the deficiency.
PROPOSED CHANGE B:
EXPLANATION:
Consider a Charter Amendment to Amend the Canvas
Date
CURRENT CHARTER PROVISION:
Per state statute, Larimer County sends a letter to voters
whose ballot was rejected due to problems with the
signature If signature verification is implemented in the
April 2019 election, staff recommends a Charter
Amendment be placed[onithe April 2017 ballot that moves
the canvass date to 10 days after the election to permit time
for letters to be sent.
Section 7. Certification of election results.
On the third day after every city election and, after verifying the total number of legal vote, cast for each candidate and
measure voted upon, the Board of Electron\ \hall complete a certificate declaring the result\ of the electron. The candidate
receiving the highest number of vote-, .
SUGGESTED AMENDMENT:
Section 7. Certification of election results.
No later than Ate the tenth third day after every city election and, after verifying the total number of legal votes cast for
each candidate and measure voted upon, the Board of Elections shall complete a certificate declaring the results of the
election. The candidate receiving the highest number of votes... In the event of a mandatory recount or recount by
request, the Board of Elections shall complete a certificate declaring the results of the election no later than the fifth day
after the completion of the recount.
PROPOSED CHANGE C:
Add expenditure recordkeeping requirements for cam.ai•
committees and independent expenditures
CURRENT CODE PROVISION:
EXPLANATION:
Presently there is not a requirement in the code for the
recordkeeping of receipts for expenditures by committees
or independent expenditures. This is a suggested
improvement as a result of an election complaint
Sec, 7-1'35. Campaign contributions.
(f) Recordkeeping. All contributions received by a candidate committee, issue committee or political committee \hall be
deported and maintained in a financial institution in a separate account whose title shall include the name of the
committee All records pertaining to such accounts shall be maintained by the committee for ninety (90) days following
any election in which the committee received contributions unless a complaint has been filed under Subsection 7-143(a)
alleging a violation of the provisions of this Article, in which case they shall be maintained until final disposition of the
complaint and any consequent court proceedings. Such records shall be subject to inspection at any hearing held pursuant
to the' Article.
SUGGESTED AMENDMENT:
Sec. 7-135. Campaign contributions/expenditures.
(f) Recoidkeepiirg.
(1) All contributions received by a candidate comrnittee, issue committee or political committee shall be
documented and deposited and maintained in a financial institution in a separate account whose title shall include the
name of the committee. All records pertaining to contributions and related sueh-accounts shall be maintained by the
committee for one year following any election in which the committee received contributions unless a
complaint has been filed under.Subsection 7-143(a) alleging a violation of the provisions of this Article, in which case
3I
they shall be maintained until final disposition of the complaint and any consequent court proceedings. Such records
shall be subject to inspection td-anaj-lietating4ield-nufsuitat to in connection v ith any investigation or other action to
enforce the terms of this Article.
(2) All expenditures shall be documented and all records pertaining to said expenditures, including but not
limited to invoices, receipts, and instruments of payment, shall be maintained by the committee for one year following
any election in which the committee expended the funds unless a complaint has been filed under Subsection 7- I43(a)
alleging a violation of the provisions of this Article, in which case they shall be maintained until final disposition of the
complaint and any consequent court proceedings. Documentation shall include the name and address of the vendor(s)
or payee(s) providing the property, materials, or services and the amount of the expenditure. Such records shall be
made available upon request of the City and subject to inspection in connection with any investigation or other action
to enforce the terms of o t ;++t+++f-te this Article.
See. 7-139. - Independent expenditures.
Any person or political committee making independent expenditures totaling more than one hundred dollars ($ 100.)
shall deliver notice in writing of such independent expenditures to the City Clerk no later than three (3) business days
after the day that such funds are obligated. Said notice shall include the following information:
(1) The name, address and telephone number of the person making the independent expenditures;
(2) The name of the candidate whom the independent expenditures are intended to support or oppose;
(3) The name and address of the vendor(s) providing the property, materials or services;
(4) A detailed description of the independent expenditures sufficient to allow for determination of compliance
with this section;
(5) The amount of the independent expenditures; and
(6) The date the funds were obligated: and
(7) Copies of receipts, invoices, or other documentation related to the independent expenditure.
For the purposes of this provision, funds shall be considered to have been obligated as soon as an agreement is reached
for the provision of the property, materials or services in question, regardless of when payment is to be made for such
property or services. All independent expenditures shall be documented and all records pertaining to independent
expenditures including but not limited to invoices, receipts, and instruments of payment shall be maintained for one
year following any election in which the funds were expended unless a complaint has been filed under Subsection 7-
I43(a) alleging a violation of the provisions of this Article, in which case they shall be maintained until final
disposition of the complaint and any consequent court proceedings. Such records shall be made available upon request
of the City and subject to inspection at any hearing held pursuant to this Article.
PROPOSED CHANGE D:
EXPLANATION:
Amend Sections 7-71 and 7-87 to clarify when the City
Clerk recommends amending the District -Precinct map
The recent redistricting effort prompted staff to review the
process for recommending amendments.
CURRENT CODE PROVISION:
Sec. 7-71. - Precinct map.
The boundaries of the election precincts as herein created in the City are hereby fixed and establi,,hed as shown on the
map entitled "District -Precinct Map," which map is on fit in the office of the City Clerk.
Sec. 7-87. - Redistricting; notice.
(a) The City Council shall, by ordinance, amend the boundaries of the foregoing districts as necessary to comply with the
provisions of Article 11, Section 1(c) of the Charter. The City t 1erk shall cause to be published twice, in a local newspaper
of general circulation in the City, notice of the date, time and place of the ('ity Council's consideration of any ,,uch
redistricting ordinance. The first such notice shall be published no less than fourteen (14) days prior to the date of first
hearing of the redistricting ordinance, and the second notice shall be published no less than ten (10) day', pnor to the date
of the first reading of the same.
(b) Not more than eighteen (18) months after the official decennial publication of the United States Cen,,us concerning
the population of the City of Fort Collins, the City Clerk shall recommend to the City Council any district boundary
changes necessary to ensure that, to the extent reasonably possible, there is no more than a ten -percent deviation between
the most populous and the least populous district.
(c) Not less than once every five (5) years after making the determination required under Subsection (b) above, the City
Clerk shall again review the district boundaries to determine whether the maximum deviation between the most populous
and the least populous district meets the standard described in Subsection (b) above. It the Standard in Subsection (b)
above is not met, the City Clerk shall recommend to the City Council any district boundary change•, necessary to ensure
that the districts conform to such standard.
(d) Any changes to district boundaries shall be established by ordinance no less than one hundred twenty (120) days
before a regular municipal election.
SUGGESTED AMENDMENT:
Sec. 7-71. - Precinct map/amendment.
(a) The boundaries of the election precincts as herein created in the City are hereby fixed and established as shown on
the map entitled "District -Precinct Map," which map is on file in the office of the City Clerk.
(b) Upon notice by Larimer County that its precinct boundaries have been amended, the City Clerk shall review
precinct boundaries and recommend to City Council any precinct boundary changes to ensure they match Larimer
County's precincts.
Sec. 7-87. - Redistricting; notice.
(c) Not Tess than once every five (5) st
above, the City Clerk shall again review
between the most populous and the least pop
the standard in Subsection (b) above is not met, th
boundary changes necessary to ensure that the districts
6) years after making the determination required under Subsection (b)
district boundaries to determine whether the maximum deviation
s district meets the standard described in Subsection (b) above. If
ity Clerk shall recommend to the City Council any district
form to such standard.
(d) The need to amend precinct boundaries pursuant to Section 7-71(b) shall automatically cause the City Clerk to
review current population deviations, regardless of how long it has been since the last review. If the deviation is
found to exceed ten percent, the City Clerk shall recommend that the City Council make boundary adjustments,
and present the Council with possible redistricting options that to the maximum extent possible equalize the
population in each district, subject to the requirements for contiguity and compactness set forth in Article II,
Section 1(c) of the Charter, with a maximum perrnissible deviation of ten percent between the most populous and
least populous district. •
(ed) Any changes to district boundaries shall be established by ordinance no less thanene-litaidred-tweits
_
one hundred eight' (180) before a regular municipal election.
PROPOSED CHANGE E:
Clarify that election complaints shall be received in writ4111
ing.
Consider creating an administrative procedure for
addressing election complaints.
CURRENT CODE PROVISION:
Sec. 7-20. - Duties of City Clerk.
The City Clerk shall:
EXPLANATION:
Presently, the code does not require election complaints to
be received in writing. No additional steps regarding the
disposition of the complaint are formalized in writing (such
as an administrative policy).
(b) Provide forms and instructions to assist candidates and the public in complying with the reporting requirements of
Article V;
(2) Keep a copy of any report or statement required to be filed by Article V for a penod of one (1) year from the date of
filing. In the case of candidates who were elected, those candidate's reports and filings shall be kept for one (1) year after
the candidate leaves office;
(3) Make reports and statements filed under Article V available on the City's website no later than the next business day,
(4) Report apparent violations of Article V to the City Manager.
Sec. 7-143. - Violations and penalties.
(a) Any person who knowingly violates or fails to comply with any of the provisions of thiti Article commits a
misdemeanor and is subject to a fine or imprisonment in accordance with _1_I5.
(b) Failure to comply with the provisions of this Article shall have no effect on the validity of any election.
SUGGESTED AMENDMENT:
Sec. 7-20. - Duties of City Clerk.
The City Clerk shall:
... (4) Report appitfefit complaints received regarding alleged violations of Article V to the City Manager.
Sec. 7-143. — Violations, and penalties:, and complaints.
(a) Any person who knowingly violates or fails to comply with any of the provisions of this Article commits a
misdemeanor and is subject to a fine or imprisonment in accordance with § 1- 15.
(b) Complaints made regarding alleged violations of Article V shall be made in writing to the City Clerk and shall contain
a detailed description of the allegations.
(c) Failure to comply with the provisions of this Article shall have no effect on the validity of any election.
NOTE: The governor signed this measure on 6/10/2016.
SENATE BILL 16-186
BY SENATOR(S) Tate, Baumgardner, Grantham, Holbert, Lambert,
Marble, Neville T.;
also REPRESENTATIVE(S) Lontine, Becker K., Court, Pabon, Rosenthal,
Ryden.
CONCERNING DISCLOSURE REQUIREMENTS TO BE APPLIED TO SMALL-SCALE
ISSUE COMMITTEES UNDER COLORADO LAW GOVERNING CAMPAIGN
FINANCE, AND, IN CONNECTION THEREWITH, MAKING AN
APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 1-45-103, add (16.3)
as follows:
1-45-103. Definitions - repeal. As used in this article, unless the
context otherwise requires:
(16.3) (a) "SMALL-SCALE ISSUE COMMITTEE" MEANS AN ISSUE
COMMITTEE TIH[AT HAS ACCEPTED OR MADE CONTRIBUTIONS OR
EXPENDITURES IN AN AMOUNT THAT DOES NOT EXCEED FIVE THOUSAND
DOLLARS DURING AN APPLICABLE ELECTION CYCLE FOR THE MAJOR PURPOSE
OF SUPPORTING OR OPPOSING ANY BALLOT ISSUE OR BALLOT QUESTION.
Capital letters indicate new niaterictl added to existing statutes; dashes through wards indicate
deletions front existing statutes and such material not part of act.
(b) THE FOLLOWING ARE TREATED AS A SINGLE SMALL-SCALE ISSUE
COMMITTEE:
(I) ALL SMALL-SCALE ISSUE COMMITTEES THAT SUPPORT OR OPPOSE
A COMMON BALLOT MEASURE IF THE COMMITTEES ARE ESTABLISHED,
FINANCED, MAINTAINED, OR CONTROLLED BY A SINGLE CORPORATION OR ITS
SUBSIDIARIES;
(II) ALL SMALL-SCALE ISSUE COMMITTEES THAT SUPPORT OR OPPOSE
A COMMON BALLOT MEASURE IF THE COMMITTEES ARE ESTABLISHED,
FINANCED, MAINTAINED, OR CONTROLLED BY A SINGLE LABOR
ORGANIZATION OR THE AFFILIATED LOCAL UNITS IT DIRECTS; OR
(III) ALL SMALL-SCALE ISSUE COMMITTEES THAT SUPPORT OR
OPPOSE A COMMON BALLOT MEASURE IF THE COMMI I LEES ARE ESTABLISHED,
FINANCED, MAINTAINED, OR CONTROLLED BY SUBSTANTIALLY THE SAME
PERSON, GROUP OF PERSONS, OR OTHER ORGANIZATIONS.
(c) THIS SUBSECTION (16.3) IS REPEALED, EFFECTIVE JUNE 30,2019.
SECTION 2. In Colorado Revised Statutes, 1-45-108, amend (1)
(a) (I), (1) (a) (II), (3.3), and (6); and add (1.5) as follows:
1-45-108. Disclosure - definition - repeal. (1) (a) (I) SUBJECT TO
SUBSECTION (1.5) OF THIS SECTION, all candidate committees, political
committees, issue committees, small donor committees, and political parties
shall report to the appropriate officer their contributions received, including
the name and address of each person who has contributed twenty dollars or
more; expenditures made, and obligations entered into by the committee or
party.
(II) SUBJECT TO SUBSECTION (1.5) OF THIS SECTION, in the case of
contributions made to a candidate committee, political committee, issue
committee, and political party, the disclosure required by this section shall
also include the occupation and employer of each person who has made a
contribution of one hundred dollars or more to such committee or party.
(1.5) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN LIGHT
OF THE OPINION OF THE UNITED STATES COURT OF APPEALS FOR THE TENTH
PAGE 2-SENATE BILL 16-186
CIRCUIT IN THE CASE OF COALITION FOR SECULAR GOVERNMENT V. WILLIAMS,
No. 14-1469 (10TH CIRCUIT MARCH 2, 2016), THAT AFFIRMED THE ORDER
OF THE FEDERAL DISTRICT COURT IN THE CASE OF COALITION FOR SECULAR
GOV'T V. GESSLER, CASE No. 12 CV 1708, THE DISCLOSURE REQUIREMENTS
SPECIFIED IN SUBPARAGRAPH (I) OR (II) OF PARAGRAPH (a) OF SUBSECTION
(I) OF THIS SECTION AND THE REPORTING REQUIREMENTS SPECIFIED IN
SUBSECTION (3.3) OR (6) OF THIS SECTION SHALL NOT APPLY TO A
SMALL-SCALE ISSUE COMMITTEE. ANY SMALL-SCALE ISSUE COMMITTEE
SHALL DISCLOSE OR FILE REPORTS ABOUT THE CONTRIBUTIONS OR
EXPENDITURES IT HAS MADE OR RECEIVED OR OTHERWISE REGISTER AS AN
ISSUE COMMITTEE IN CONNECTION WITH ACCEPTING OR MAKING SUCH
CONTRIBUTIONS OR EXPENDITURES IN ACCORDANCE WITH THE FOLLOWING
ALTERNATIVE REQUIREMENTS:
(a) ANY SMALL-SCALE ISSUE COMMITTEE THAT ACCEPTS OR MAKES
CONTRIBUTIONS OR EXPENDITURES TN AN AGGREGATE AMOUNT DURING ANY
APPLICABLE ELECTION CYCLE THAT DOES NOT EXCEED T\VO HUNDRED
DOLLARS IS NOT REQUIRED TO DISCLOSE OR FILE REPORTS ABOUT THE
CONTRIBUTIONS OR EXPENDITURES IT HAS MADE OR RECEIVED OR
OTHERWISE REGISTER AS AN ISSUE COMMITTEE IN CONNECTION WITH
ACCEPTING OR MAKING SUCH CONTRIBUTIONS OR EXPENDITURES.
(b) (I) ANY SMALL-SCALE ISSUE COMMITTEE THAT ACCEPTS OR
MAKES CONTRIBUTIONS OR EXPENDITURES IN AN AGGREGATE AMOUNT
DURING ANY APPLICABLE ELECTION CYCLE OF BETWEEN TWO HUNDRED
DOLLARS AND FIVE THOUSAND DOLLARS SHALL REGISTER WITH THE
APPROPRIATE OFFICER WITHIN TEN BUSINESS DAYS OF THE DATE ON WHICH
THE AGGREGATE AMOUNT OF CONTRIBUTIONS OR EXPENDITURES EXCEEDS
TWO HUNDRED DOLLARS. THE REGISTRATION REQUIRED BY THIS
SUBPARAGRAPH (I) MUST INCLUDE A STATEMENT LISTING:
(A) THE COMMITTEE'S FULL NAME, SPELLING OUT ANY ACRONYMS
USED IN THE NAME;
(B) THE NAME OF A NATURAL PERSON AUTHORIZED TO ACT AS A
REGISTERED AGENT OF THE COMMITTEE;
(C) A STREET ADDRESS FOR THE PRINCIPAL PLACE OF BUSINESS OF
THE COMMITTEE;
PAGE 3-SENATE BILL 16-186
(D) THE PURPOSE OR NATURE OF INTEREST OF THE COMMITTEE; AND
(E) THE NAME OF THE FINANCIAL INSTITUTION IN WHICH, IN A
SEPARATE ACCOUNT BEARING THE NAME OF THE COMMITTEE, ALL
CONTRIBUTIONS RECEIVED BY THE COMMITTEE ARE DEPOSITED.
(II) ANY SMALL-SCALE ISSUE COMMITTEE DESCRIBED IN
SUBPARAGRAPH (I) OF THIS PARAGRAPH (b) IS NOT REQUIRED TO MAKE ANY
DISCLOSURE ABOUT ANY CONTRIBUTIONS OR EXPENDITURES IT HAS MADE OR
RECEIVED.
(C) (I) AT SUCH TIME AS ANY ISSUE COMMI 1'LE THAT BEGAN AS A
SMALL-SCALE ISSUE COMMITTEE ACCEPTS OR MAKES CONTRIBUTIONS OR
EXPENDITURES IN AN AGGREGATE AMOUNT DURING ANY APPLICABLE
ELECTION CYCLE THAT EXCEEDS FIVE THOUSAND DOLLARS, THE COMMITTEE
SHALL REPORT TO THE APPROPRIATE OFFICER, FOR EACH PARTICULAR
CONTRIBUTION OR EXPENDITURE ACCEPTED OR MADE, THE NAME AND
ADDRESS OF EACH PERSON WHO HAS MADE SUCH CONTRIBUTION AND THE
AMOUNT OF EACH SPECIFIC CONTRIBUTION AND EXPENDITURE ACCEPTED OR
MADE BY THE COMMITTEE.
(II) AT SUCH TIME AS ANY ISSUE COMMITTEE THAT BEGAN AS A
SMALL-SCALE ISSUE COMMITTEE ACCEPTS OR MAKES CONTRIBUTIONS OR
EXPENDITURES IN AN AGGREGATE AMOUNT DURING ANY APPLICABLE
ELECTION CYCLE THAT EXCEEDS FIVE THOUSAND DOLLARS, THE COMMITTEE
SHALL MAKE DISCLOSURE OF ANY CONTRIBUTIONS OR EXPENDITURES IT
ACCEPTS OR MAKES ON OR AFTER THE DATE ON WHICH SUCH AGGREGATE
AMOUNT EXCEEDS FIVE THOUSAND DOLLARS IN COMPLIANCE WITH ALL
APPLICABLE REQUIREMENTS UNDER THIS ARTICLE PERTAINING TO THE
DISCLOSURE BY AN ISSUE COMMITTEE OF ITS CONTRIBUTIONS OR
EXPENDITURES ACCEPTED OR MADE.
(III) WITHIN FIFTEEN DAYS OF A SMALL-SCALE ISSUE COMMITTEE
BECOMING SUBJECT TO THE APPLICABLE REQUIREMENTS GOVERNING AN
ISSUE COMMITTEE UNDER THIS ARTICLE, THE COMMITTEE THROUGH ITS
REGISTERED AGENT, SHALL REPORT THIS CHANGE IN THE COMMITTEE'S
STATUS TO THE SECRETARY OF STATE.
(d) THIS SUBSECTION (1.5) IS REPEALED, EFFECTIVE DUNE 30, 2019.
PAGE 4-SENATE BILL 16-186
(3.3) Subject to the provisions of s it scction (7) SUBSECTIONS (1.5)
AND (7) of this section, each issue committee shall register with the
appropriate officer within ten calendar days of accepting or making
contributions or expenditures in excess of two hundred dollars to support
or oppose any ballot issue or ballot question or upon receipt of the notice
from the secretary of state pursuant to section 1-40-113 (1) (b). If required
to register under the requirements of this subsection (3.3), the registration
of the issue committee shaft MUST include a statement containing the items
listed in paragraphs (a) to (e) of subsection (3) of this section in connection
with other committees and a political party.
(6) SUBJECT TO SUBSECTION (1.5) OF THIS SECTION, any issue
committee whose purpose is the recall of any elected official shall register
with the appropriate officer within ten calendar days of accepting or making
contributions or expenditures in excess of two hundred dollars to support
or oppose the recall. Reports of contributions and expenditures shall be filed
with the appropriate officer within fifteen days of the filing of the
committee registration and every thirty days thereafter until the date of the
recall election has been established and then fourteen days and seven days
before the recall election and thirty days following the recall election.
SECTION 3. Appropriation. For the 2016-17 state fiscal year,
$20,130 is appropriated to the department of state. This appropriation is
from the department of state cash fund created in section 24-2 1 -104 (3) (b),
C.R.S. To implement this act, the department may use this appropriation for
personal services related to information technology services.
SECTION 4. Applicability. This act applies to the portion of any
election cycle or for the portion of the calendar year remaining after the
effective date of this act and for any election cycle or calendar year
commencing after such effective date, whichever is applicable.
SECTION 5. Safety clause. The general assembly hereby finds,
PAGE 5-SENATE BILL 16-186
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.
Bill L. Cadman
PRESIDENT OF
THE SENATE
Effie Ameen
SECRETARY OF
THE SENATE
APPROVED
Dickey Lee Hullinghorst
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
Marilyn Eddins
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
John W. Hickenlooper
GOVERNOR OF THE STATE OF COLORADO
PAGE 6-SENATE BILL 16-186