HomeMy WebLinkAboutAgenda - Mail Packet - 6/30/2020 - City Council Election Code Committee Agenda - July 1, 2020City Clerk
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AGENDA
City Council Election Code Committee
July 1, 2020, 4:00-5:30 p.m.
Remote Participation Only
Committee Members: Mayor Wade Troxell
Councilmember Julie Pignataro, District 2 (chair)
Councilmember Ken Summers, District 3
Mayor Pro Tem Kristin Stephens, District 4 (alternate)
Public Participation for Election Code Committee Meeting
Public Participation for this remote Election Code Committee meeting will be available online or by phone. No one
will be allowed to attend in person.
View Meeting Agenda
Public Participation (Online): Individuals who wish to address the Committee via remote public participation can
do so through Zoom at electioncodecommittee070120. Individuals participating in the Zoom session should
also watch the meeting through that site.
The meeting will be available to join beginning at 3:30 p.m., Wednesday, July 1. Participants should try to sign in
prior to the 4:00 p.m. meeting start time, if possible.
For public comments, the Chair will ask participants to click the “Raise Hand” button to indicate you would like to
speak at that time. Staff will moderate the Zoom session to ensure all participants have an opportunity to address
the Committee.
In order to participate:
• Use a laptop, computer, or internet-enabled smartphone. (Using earphones with a microphone will greatly
improve your audio).
• You need to have access to the internet.
• Keep yourself on muted status.
Public Participation (Phone):
• Dial public participation phone number: (346) 248-7799.
• Enter the Meeting ID for the Election Code Committee Meeting, 924 8448 3476, followed by the pound sign
(#)
• The meeting will be available beginning at 3:30 p.m. Please call in to the meeting prior to 4:00 p.m., if
possible. For public comments, the Chair will ask participants to click the “Raise Hand” button to indicate
you would like to speak at that time – phone participants will need to hit *9 to do this. Staff will be
moderating the Zoom session to ensure all participants have an opportunity to address the Committee.
Once you join the meeting:
o Keep yourself on muted status.
Documents to Share: If residents wish to share a document or presentation, the City Clerk needs to receive those
materials via email by 2:00 pm the day of the meeting.
Individuals uncomfortable or unable to access the Zoom platform or unable to participate by phone are encouraged
to participate by emailing general public comments you may have to cityclerk@fcgov.com. The City Clerk will
ensure the Committee receives your comments. If you have specific comments on any of the discussion items
scheduled, please make that clear in the subject line of the email and send prior to 2:00 p.m. the day of the meeting.
1. Call Meeting to Order
• This meeting is being conducted remotely pursuant to Ordinance No. 079, 2020. The City
Manager and the Mayor have determined that remote participation continues to be allowed
and appropriate due to ongoing Coronavirus concerns and public health agency
recommendations and Safer at Home orders and that election-related updates are pressing and
require prompt action due to the upcoming election dates.
2. Citizen Comment (limited to 5 minutes per speaker)
3. Consideration and approval of the June 5, 2020 Committee Meeting Minutes
4. Discussion Items:
a. Consideration of possible amendment to City Charter Article VIII, Section 8 regarding
participation in elections by political parties, city employees, public service corporations or any
other person intending to apply for a franchise or have a contract with the City
b. Consideration of Possible Amendment to City Charter Article VIII, Section 9 regarding corrupt
practices.
5. Other Business
a. Petitioning Process Update
6. Adjournment
ATTACHMENTS
1. June 5, 2020 Committee Meeting Minutes
2. Possible Charter Amendments
3. Political Committee memo-to be provided
4. April 6, 2021 Election Calendar Deadlines
5. Current Initiative Petition Process
There are three or more members of City Council that may attend this meeting. While no formal action will be
taken by the Council at this meeting, the discussion of public business will occur and the meeting is open to the
public.
Next: Council Work Session, July 28, 2020
City of Fort Collins Page 1
June 5, 2020
ELECTION CODE COMMITTEE MEETING
3:30 PM
COUNCILMEMBERS PRESENT: Troxell, Pignataro, Summers
STAFF PRESENT: Carrie Daggett, Ryan Malarky, Delynn Coldiron, Rita Knoll, Kelly DiMartino
CITIZENS PRESENT: Jody Deschenes, Robbie Moreland, Kathleen Schmidt, Kevin Jones, Jan Rossi,
Michele Haefele
(Secretary's Note: Due to the COVID-19 crisis and state and local orders to remain safer at home and not
gather, all Councilmembers, staff, and citizens attended the meeting remotely, via teleconference.)
1. CALL MEETING TO ORDER
Chair Pignataro called the meeting to order and discussed the Zoom remote participation.
2. CITIZEN COMMENT
Robbie Moreland thanked the Committee for sending the recommendation to eliminate anonymous
contributions to the entire Council. She stated there is no limit on donations from individuals to political
committees in Fort Collins but at the state level, that limit is $625 per two-year election cycle. She requested
the Committee address this campaign finance loophole as soon as possible. She requested confirmation on
her assertions that the limits do not exist, and that political committees can coordinate with candidates.
Jody Deschenes stated there are currently no limits on donations from individuals to political committees and
no prohibition of coordination between candidates and political committees. She requested contributions to
political committees be limited to $100. She thanked the Committee for recommending to Council that
anonymous donations be eliminated.
Kathleen Schmidt, League of Women Voters of Larimer County, thanked the Committee for its work. She
expressed support for matching the state law regarding campaign contribution limits from LLCs.
Chair Pignataro asked if it is true there is no limit on contributions to political committees and that there is no
prohibition of political committees coordinating with candidates. City Attorney Daggett replied the definitions
of the different types of committees do not necessarily describe contribution limits; however, there is a Code
provision that specifically states committees of all types shall not coordinate expenditures with any other such
committee in a manner that circumvents any restrictions or limitations on campaign contributions,
expenditures, or reporting. She stated there are no limits on expenditures of committees because the
campaign finance system in the Code, with the exception of the limitations on contributions to candidates, is
aimed at essentially bringing light to expenditures through disclosures. The reason for that is that First
Amendment protections exist for political speech.
City Attorney Daggett clarified there is a limit on contributions to candidates, but not to political or issue
committees. Staff is in the process of writing a memo addressing these topics.
Mayor Troxell noted self-funding of campaigns can occur as well and he discussed the importance of
candidates wanting to control their own messaging.
3. CONSIDERATION AND APPROVAL OF MAY 1, 2020 COMMITTEE MEETING MINUTES
Mayor Troxell made a motion, seconded by Councilmember Summers, to adopt the May 1, 2020 Committee
meeting minutes. The motion was adopted by unanimous consent.
June 5, 2020
City of Fort Collins Page 2
4. STAFF REPORT: Overview of Code changes previously approved by the Election Code Committee
and proposed timeline of changes to City's Election Code.
Ryan Malarkey, City Attorney's Office, outlined the previously approved Code changes which include the
elimination of anonymous donations, addressing allowing candidates to use unexpended candidate
committee contributions for a non-City election or a subsequent City election, and making the majority of
campaign finance violations administrative penalties rather than criminal violations, among other items.
Chief Deputy City Clerk Knoll stated there is one more ECC meeting scheduled as proposed Charter
amendments will need to go before the full Council by July or August to make the November ballot. The
timeline for Charter amendments is different as they must be put on the ballot by ordinance, which requires
two readings.
City Attorney Daggett noted staff has considered having a work session for the entire Council on July 14.
Chair Pignataro supported adding these items for discussion.
5. DISCUSSION ITEMS
a. Possible Charter Amendments
i. Consideration of possible amendment to City Charter Article VIII, Section 4(a) to eliminate the
requirement that the affidavit of circulator contain a statement of the number of signers on that
section of the petition.
(No discussion needed; ECC previously supported bringing this forward to City Council.)
ii. Consideration of possible amendment to City Charter Article II, Section 4 to conform with Article
II, Section 1(d) to reflect the selection of Mayor Pro Tem does not occur until recount period has
expired.
Knoll stated the last round of amendments included a change related to when Council takes office, but no
amendments were made to when the Mayor Pro Tem is selected, which has resulted in conflicting language.
She outlined options for language clarification and provided pros and cons for various options.
Mayor Troxell asked how long the outgoing Council would sit. Knoll replied they always remain until the new
members are sworn in.
Mayor Troxell suggested taking the two options to the work session perhaps with a preferred option from the
Commission.
Councilmember Summers stated it would be beneficial to get feedback from the full Council on this item.
Committee members and staff discussed the timeline issues with both options. Chair Pignataro stated the
option that provides more time could allow for onboarding to occur, which would be an advantage.
Councilmember Summers discussed the possibility of establishing a date for the oaths of office and selection
of the Mayor Pro Tem with the caveat that those dates would change if a recount is requested. Knoll replied
that is essentially option one; however, there is no way to predict when the date of swearing in will be until
the deadline to request a recount has passed.
Mayor Troxell asked what would trigger a mandatory recount. Knoll replied it is a difference of less than one
half of one percent; however, anyone can request a recount and fund it themselves.
Councilmember Summers stated he would favor option one. Mayor Troxell concurred and stated he would
prefer the swearing in to be closer to the election.
Councilmember Summers asked if the November coordinated election is occurring only for these issues. City
Clerk Coldiron replied these are the only City matters as of right now.
June 5, 2020
City of Fort Collins Page 3
Councilmember Summers asked about the cost of a coordinated election. City Clerk Coldiron replied the
cost is based on the number of registered voters, as well as the number of other jurisdictions that are
participating. The exact cost is difficult to determine, but there will be additional costs because it is a
presidential election. If the ballot becomes two pages, there is a significant additional cost. She estimated
the cost to be at least $200,000.
Councilmember Summers questioned whether that cost would be worth it when the items could be rolled into
the regular City election in April. City Attorney Daggett stated a ballot question could be written for the April
election that would make the effective date of the changes immediate.
Chair Pignataro suggested the Committee continue the discussion at the full Council work session.
Chair Pignataro asked if there is a hierarchy to be considered for the coordinated election. Knoll replied there
is a hierarchy for how questions are placed on the ballot, with municipalities following state and county items.
When the City participated in the 2012 presidential election, the cost to the City was $292,000, which did not
include a second page.
iii. Consideration of possible amendment to City Charter Article VIII, Section 9 regarding corrupt
practices.
City Attorney Daggett noted the issue that triggered this possible Charter amendment was the question about
campaign finance complaints and the risk that someone who is elected to office would be found to have had
a campaign finance violation. She stated the Code provisions reviewed by Malarky and the Commission over
the past few meetings address that issue for the most part. There have not been many issues with this
Charter provision from a practical standpoint.
City Attorney Daggett stated if there was concern about the Charter provision applying to activities in advance
of the April election, then a Charter change should perhaps be proposed to voters.
Chair Pignataro stated she is leaning toward leaving the provision as is for now.
Councilmember Summers supported leaving the provision as is or going with the option of deleting it and
having it in the Code as an ordinance. Mayor Troxell agreed.
City Attorney Daggett noted there is a challenge when discussing constraining someone from serving in a
Council seat if the ordinance is contained in the Code rather than a provision in the Charter.
City Attorney Daggett suggested Malarky explain options 2 and 3, as well. Malarkey replied there has been
a question as to the definition of “at a City election” and both options 2 and 3 attempt to clarify that. Option 2
contains a specific intent element which would make the provision a little more specific as to the type of
conduct it is trying to address. It also contains a timeframe limitation for specific offenses. Option 3 has the
same narrowing of timeframe and types of offenses, but without the specific intent element. Malarky
acknowledged trying to prove intent can be challenging.
Chair Pignataro stated the intent piece introduces more confusion.
City Attorney Daggett clarified this item deals with the mechanics of the election rather than campaign
activities.
Chair Pignataro asked what problem is being solved by this change. City Attorney Daggett replied the current
language is vague in the sense that it talks about violating any law at a City election. It may or may not be
an urgent problem in the sense that it has not actually been a problem other than during the last few elections
when the number of complaints has increased and there has been more risk of someone being convicted of
a campaign finance violation as a criminal misdemeanor. With the Code changes recommended by the
Committee, that will no longer an issue.
June 5, 2020
City of Fort Collins Page 4
Councilmember Summers made some language suggestions. City Attorney Daggett replied staff will return
with some options for how this could be approached at the next meeting.
iv. Consideration of possible amendment to City Charter Article VII, Section 8 regarding participation
in elections by political parties, City employees, public service corporations or any other person
intending to apply for a franchise or have a contract with the City.
The Committee postponed consideration of this item to the next meeting.
6. OTHER BUSINESS
None.
7. ADJOURNMENT
The meeting adjourned by unanimous consent at 5:00 PM.
POSSIBLE CHARTER AMENDMENT‐ARTICLE VIII, SECTION 8
1
III. Article VIII, Section 8.
Summary:
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.
Currently, the City Charter prohibits city employees or those who either hold a contract or intend
to hold a contract with the City from contributing or expending funds to support or oppose a
candidate. There has been some discussion about whether Council desires to place amendments
to this provision on the ballot for voter approval.
Options to consider:
1. Leave application to City employees intact.
2. Remove ban on City employees.
3. Eliminate ban on indirect expenditures (independent expenditures) by one or more
categories of listed persons
4. Eliminate ban on direct contributions or indirect expenditures (independent expenditures)
by one or more categories of listed persons
Discussion:
City Charter Art. VIII, Sec. 8 states, in relevant part:
. . .
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.
Since the adoption of this Charter provision in approximately 1980, there have been
developments in the law that may bear on the restrictions on who may contribute, directly or
indirectly, to assist in the election or defeat of a Council candidate. The application of Section 8
to City employees was the matter of some discussion during and after the 2019 election. Rather
than seeking a voter‐approved Charter change, the Council may wish to clarify the interpretation
of this provision through the adoption of a Code provision.
POSSIBLE CHARTER AMENDMENT‐ARTICLE VIII, SECTION 8
2
The law related to regulation of campaign contributions and expenditures continues to evolve,
and staff had also asked whether the Committee wished to review Section 8’s restrictions on
political parties and public service corporations, other persons, firms and corporations having
interests in City contracts or franchises.
The Committee has discussed this issue briefly; if the Committee is not interested in loosening
this restriction or eliminating it, no further discussion is required.
If there is a desire to relax any of the prohibitions in Section 8 for policy reasons, the Committee
may wish to discuss those policy considerations as part of this item.
If the ECC would like an executive session to discuss these potential legal issues, here is a
motion for the ECC to consider:
“I move that the Election Code Committee go into executive session for the
purpose of meeting with the City’s attorneys and City Clerk’s Office staff to discuss
the following matters as permitted under City Charter Article II, Section 11(2); City
Code Section 2‐31(a)(2); and Colorado Revised Statutes Section 24‐6‐402(4)(b):
To consult with attorneys representing the city regarding specific legal
questions involving litigation or potential litigation; and
The manner in which the particular policies, practices or regulations of the
City related to City elections may be affected by existing or proposed
provisions of federal, state or local law.”
POSSIBLE CHARTER AMENDMENT‐ARTICLE VIII, SECTION 9
1
III. Article VIII, Section 9.
Summary:
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 office
for four (4) years.
The Committee has had some discussion about whether to recommend an amendment to Article
VIII, Section 9 Corrupt Practices, considering the significance of the repercussions of violations of
campaign finance requirements, which are currently treated as criminal misdemeanors under the
City Code. Specifically, to change this provision Council would need to place amendments to this
provision on the ballot for voter approval.
Options to consider:
1. Modify Code provisions creating misdemeanor violations to substantially remove the
issue of concern.
2. Remove section from the Charter entirely.
3. Amend to the provision to specify that only a violation with “intent to directly interfere
with a city election” within a timeframe of 6 months prior to a city election or before
certification of election results, would trigger the bar on holding office or employment
with the City.
4. Amend the provision to specify that only a violation of an “ordinance of the city directly
regulating the conduct of, or participation in, city elections within a timeframe of 6
months prior to a city election or before certification of election results would trigger the
bar on holding office or employment with the City.
It was also suggested that this bar on holding office (Council seat) would be appropriate to state
in the Charter where the requirements for serving as a Councilmember are listed. Staff has
considered this approach and it would be a workable alternative, if desired.
Discussion:
This amendment concerns the corrupt practices language in Charter Article VIII, Section 9, which
states:
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 office
for four (4) years.
POSSIBLE CHARTER AMENDMENT‐ARTICLE VIII, SECTION 9
2
This language in its current form was added to the Charter in 1997. Similar language preceded
this version, beginning in 1986. Some questions have been raised regarding what is meant by “at
a city election.” To gain a better understanding of that language, with the assistance of the City
Clerk’s Office we researched the legislative history behind this Charter provision. To do so, we
reviewed the Charter Review Committee reports and minutes that led to the Charter provision
as it reads today. Prior to 1997, the language stated:
Any person who violates at a city election any state law, provision of this Charter
or ordinance of the city, relative to registration or election, or who, if a candidate,
fails to file a sworn statement of expenses as herein required, upon conviction
thereof shall be disqualified from holding any city position or employment for two
(2) years, or any elective city office for four (4) years.
The pre‐1997 language contained the qualifier that the violation must be “relative to registration
or election” for the corrupt practices prohibition to apply. “Relative to registration or election”
is not substantially different from “at a city election” so it does not provide readily available
guidance as to what types of offenses were of concern to the Charter’s drafters.
The pre‐1997 language also stated that the failure to file “a sworn statement of expenses” was
an offense punishable by this Section. At that time, a sworn statement of expenses was a
requirement in a previous version of the Charter. It required that, within thirty days after a city
election, every candidate must file an itemized statement showing in detail all amounts of money
contributed or expended by the candidate, and giving the names of the persons receiving that
money, the nature of each expenditure and its purpose. This requirement was eventually
removed from the Charter. However, a similar requirement exists in the City Code today.
Section7‐136 requires candidate committees to file regular disclosure statements that list
contributions received, the source of the contributions, expenditures made, and other
obligations of the committee.
Other than that, our research has not revealed what was originally intended with respect to “at
a city election.” One could interpret “at a city election” in Section 9 was intended to discourage
illegal acts that would interfere with, or call into question the validity of, a city election. This may
include direct interference with the election itself, such as submitting fraudulent ballots. It might
also include interference with the circulation of a petition, such as causing fraudulent signatures
to be collected.
The Election Code Committee has expressed interest in revisiting Section 9 after it was recently
brought to the City Council’s attention during a campaign finance enforcement action. Possible
alternatives with respect to Section 9 include: (1) removing the Section entirely; (2) amending
the language to clarify what is meant by “at a city election;” (3) amending the language so that it
is only triggered if a person is convicted of a criminal act; or (4) amending the language to clarify
that it is triggered if a person is convicted of a criminal or civil violation.
POSSIBLE CHARTER AMENDMENT‐ARTICLE VIII, SECTION 9
3
Of note, if the City Council adopts the proposed administrative penalty process for campaign
finance violation, the vast majority of such potential violations would no longer be considered
criminal, which means a conviction would not result. Without a conviction, the penalties of
Section 9 are not triggered. If Council adopts the administrative penalty process, there will
remain three instances where a violation would be criminal: (1) where a person acts with a
fraudulent intent to misrepresent campaign contributions or expenditures on a disclosure form;
(2) where a person intentionally violates the prohibition against encouraging a candidate to
withdraw from their candidacy; and (3) where a person violates a campaign finance requirement
after already being found liable for violations two or more times in an election cycle.
Potential Charter Amendments to Article VIII, Section 9 (if a change is desired)
Option 1 – Remove Section entirely and place similar restrictions in City Code.
Option 2 – introduces an intent element, sets the timeframe for when an offense would trigger
this section, and elaborates on what type of offenses trigger this section.
Any person who, with the intent to interfere with the registration of any elector,
circulation of any petition, or the conduct of a city election, violates, at within six
(6) months preceding a city election or prior to the certification of city election
results any state law, provision of this Charter or ordinance of the city directly
regulating the conduct of, or participation in, city elections, and 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.
Option 3 – no specific intent element but sets a timeframe for offenses and elaborates on what
type of offenses would trigger this section.
Any person who violates at within six (6) months preceding a city election or prior
to the certification of city election results, any state law, provision of this Charter
or ordinance of the city directly regulating the conduct of, or participation in, city
elections, and 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.
When the Committee met on June 5, Councilmember Summers suggested that the conviction of
an offense as described in Section 9 be added to the list of qualifications/disqualifications for
serving on Council in Article II, Section 2 of the Charter. If desired, such an amendment to the
Charter could be an improvement and this could be considered when other Charter amendments
come forward for Council review in advance of the next City election.
1
Revised: 06/22/20
ELECTION CALENDAR
April 6, 2021 Regular Election
DEADLINE DATE ACTION CITE
Highlighted lines indicate Council Action
needed
10/01/20 Latest date to make Candidate Guidelines
available (early September is preferred)
120 days before
April Election
12/07/20 Earliest to publish notice of Charter amendments CRS 31-2-210(4)
January 1
preceding April
Election
01/02/21 Earliest to apply for mail absentee ballot for April
Election
Code 7-189(b)
90 days before
April Election
01/06/21 Window closes for special elections CRS 31-10-108
90 days before
April Election
01/06/21 Deadline for petitions for citizen-initiated Charter
amendments (would have to do First Reading on 01/12/21
which is not possible due to time needed to verify signatures)
CRS 31-2-210(1)(a)(III)
90 days before
April Election
01/06/21 Deadline to file initiative petitions for placement
on April ballot
(Note: Initiative petitions filed this date that fall under TABOR
cannot be examined in time for placement on the April ballot.
TABOR-related initiative petitions will require Council adoption
of a Resolution submitting the issue to the voters on 2/2/21 in
order to give citizens reasonable time to submit pro/con
statements before 2//19/21. All deadlines for a TABOR-
related initiative petition will have to be separately
calculated.)
Charter Article X, Sec 1 (read
entire section for all related
deadlines)
01/06/21
Deadline for First Reading of Ordinance(s)
submitting Charter amendment(s) to April Ballot
(based on requirements relating to publication of notice of
Charter amendments) (between 12/07/20 and 02/05/21)
CRS 31-2-210(4)
01/19/21
Deadline for Second Reading of Ordinance(s)
placing Charter amendments on April ballot (based
on requirements relating to publication of notice of Charter
amendments) (between 12/07/20 and 02/05/21)
CRS 31-2-210(4)
70 days before
April Election
NEW
01/26/21 Earliest date to circulate nomination petition Code 7-116
Charter Article VIII, Sec 3
(City Code and Charter override
2
ELECTION CALENDAR
April 6, 2021 Regular Election
DEADLINE DATE ACTION CITE
60 days before
April Election
02/05/21 Secretary of State must provide copies of
municipal election laws by this date
CRS 31-10-106
02/02/21
(02/16/21
possible if
not TABOR)
Practical deadline for Council Resolution(s) to
refer citizen initiatives to the ballot
(Note: Action on this date necessary to provide citizens time
to submit pro/con statements on TABOR-related issues)
(TABOR comments due 02/19/21)
02/02/21
(02/16/21
possible if
not TABOR)
Practical deadline for Council Resolution(s) to
refer or submit ordinances to voters
(Note: Action on this date necessary to provide citizens time
to submit pro/con statements on TABOR-related issues)
(TABOR comments due 02/19/21)
Order voter file for TABOR notice mailing
49 days before
April Election
NEW
02/16/21 Deadline to file nominating petitions
(see CRS 31-10-305 for provisions for objections to
nominations)
NOTE: Financial Disclosure statement now due
at same time nomination petition is filed
Code 7-116
Charter Article VIII, Sec 3
(City Code and Charter override
CRS 31-10-302)
By noon on the
Friday before the
45th day before
April Election
02/20/21
02/19/21
(by noon)
Deadline to submit pro and con statements for
TABOR issues
Constitution Article X,
Section 20(3)(b)(v)
CRS 1-7-901(4)
02/19/21 Prepare ballot summaries for TABOR notice
44 days before
April Election
02/21/21
02/19/21
Deadline for petition representatives to submit to
the City Clerk a summary of comments in favor of
their local ballot issue(s)
3
ELECTION CALENDAR
April 6, 2021 Regular Election
DEADLINE DATE ACTION CITE
No later than 30
days before April
election
03/07/21
03/05/21
Larimer County to provide a complete preliminary
list of registered electors
CRS 31-10-910(1)(a)
22 days before
April Election
03/15/21 Residency deadline to participate in election
22 days before
April Election
03/15/21 Begin any address changes at Larimer County
only
CRS 31-10-208
22 days before
April Election
03/15/21 Earliest to mail ballot packages to voters Code 7-186(a)
22 days before
April Election
03/15/21 Earliest day to have replacement ballots available Code 7-187
22 days before
April Election
03/15/21 Earliest to open on-site “in person” voting
Code 7-187
21 days before
April Election
03/16/21 Contribution/Expenditure Reports due
Code 7-136(c)
No later than 20
days before April
election
03/17/21 Larimer County to provide a supplemental list of
electors who registered to vote on or before 22
days before the election whose names were not
included on the preliminary list
CRS 31-10-910(1)(b)
CRS 1-5-303(1)
20 days before
April Election
03/17/21
(Publish on
03/14/19)
Deadline to publish notice of mail ballot election Code 7-184(a)
Approx.
03/15/21
Set up Ballot Processing Center
Approx.
03/17/21
Replacement ballots delivered to City Clerk’s
Office
03/19/21
or before
Prepare absentee ballots for mailing (applications
received to date)
4
ELECTION CALENDAR
April 6, 2021 Regular Election
DEADLINE DATE ACTION CITE
10 days before
April Election
03/27/21 Last day to mail ballot packages to voters (with
written approval of the City Manager)
Code 7-186(b)
7 days before April
Election
03/30/21 Last day to mail daily ballots to those who
registered on or before March 29 (8 days before
the election).
7 days before April
Election
03/30/21 Deadline to apply for an absentee ballot that must
be mailed
Code 7-189(b)
4 days before April
Election (Friday
before)
04/02/21
By noon
Contribution/Expenditure Reports due BY NOON Code 7-136(c)
4 days before April
Election (Friday
before)
04/02/21
Deadline to apply for absentee ballots Code 7-189(b)
ELECTION DAY 04/06/21 Regular Municipal Election
04/06/21
7:00 p.m.
Deadline to apply for replacement ballots
04/06/21
7:00 p.m.
Deadline to cast replacement ballots Code 7-188
04/06/21
7:00 p.m.
Deadline for “in person” voting. Code 7-187
04/06/21
7:00 p.m.
Deadline to return absentee ballots to City Clerk Code 7-189(d)
Code 7-190(b)
04/06/21
7:00 p.m.
Deadline for City Clerk to receive mail ballots at
designated drop points
Code 7-190(b)
04/06/21
7:00 p.m.
Replacement ballots set aside until this time
04/08/21 Pack ballots, etc. for storage CRS 31-10-616(1)
04/16/21 Forward PO Boxes to POB 580
No later than 10
days after April
Election
NEW
04/16/21
(last
5
ELECTION CALENDAR
April 6, 2021 Regular Election
DEADLINE DATE ACTION CITE
5 days after
certification of
election results
04/21/21 Deadline for any candidate, any petition
representative for a ballot issue or question, any
committee’s registered agent, or any eligible
elector to request a recount (if not already
mandatory)
Code 7-46(1)
ASAP Must give notice of recount to all candidates, and
petition representatives
Code 7-45(2)
15 days after
certification of
election results
05/01/21
(Would
finish
04/30/21)
Deadline to complete a mandatory or requested
recount
Code 7-45(1) and 7-46(6)
10 days after
expiration of
recount period
First order of
business at next
regular or special
meeting
Special
meeting on
04/27/21 (if
no recount
needed or
requested)
or
05/04/21
Regular
Meeting (if
recount
conducted)
Newly-elected Councilmembers take oath of
office
Mayor Pro Tem elected
Charter Article II, Sec 1(d)
ASAP Forward approved measures amending Code or
Charter to Code Publisher
ASAP Publish certified statement of election CRS 31-10-1205(2)
ASAP File certified statement of election with Division of
Local Government in the Department of Local
Affairs
CRS 31-10-1205(2)
30 days after April
Election
05/06/21 Deadline for elected candidates to file an
amended financial disclosure statement
6
ELECTION CALENDAR
April 6, 2021 Regular Election
DEADLINE DATE ACTION CITE
60 days after
canvass
06/15/21 Deadline for newly-elected Councilmembers to
qualify for office (no action necessary)
Charter Article VIII, Sec 7
6 months after April
Election
10/06/21 Preserve voted ballots and all other election
records and forms until this date
CRS 31-10-616
First day of month
in which
anniversary of April
election occurs
04/01/22
Contribution/Expenditure Reports due Code 7-136(c)
2 years after April
Election
04/06/23 Retain all nominating petitions until this date
(Petitions for incumbents should be retained for
as long as in office.)
CRS 31-10-302(7)
[Charter Article VIII, Sec
4(b)]
Note: This calendar needs to be updated and verified periodically as changes are made to the Charter, Code, Mail
Ballot Rules, State Constitution/Statutes, etc. and is therefore subject to change.
7
COMPUTATION OF TIME PROVISIONS
Municipal Election Code
31-10-103. Computation of time. Calendar days shall be used in all computations of time made under the provisions of this article.
In computing time for any act to be done before any municipal election, the first day shall be included, and the last, or election, day
shall be excluded. Saturdays, Sundays, and legal holidays shall be included, but, if the time for any act to be done or the last day of
any period is a Saturday, Sunday, or a legal holiday, the period is extended to include the next day which is not a Saturday, Sunday,
or legal holiday. If the time for ending the circulation of and filing nomination petitions provided by section 31-10-302, the time for
withdrawing from nomination provided by section 31-10-303 (1), the time prior to which vacancies in nominations may be filled and by
which certificates of nomination or petitions to fill such vacancies may be filed as provided by section 31-10-304, or the time for filing
amended or new petitions to remedy objections as provided by section 31-10-305 falls on Saturday, Sunday, or a legal holiday, such
act shall be done upon the preceding day which is not a Saturday, Sunday, or legal holiday.
Uniform Election Code
1-1-106. Computation of time. (1) Calendar days shall be used in all computations of time made under the provisions of this code.
(2) In computing any period of days prescribed by this code, the day of the act or event from which the designated period
of days begins to run shall not be included and the last day shall be included. Saturdays, Sundays, and legal holidays shall be included,
except as provided in subsection (4) of this section.
(3) If a number of months is to be computed by counting the months from a particular day, the period shall end on the same
numerical day in the concluding month as the day of the month from which the computation is begun; except that, if there are not that
many days in the concluding month, the counting period shall end on the last day of the concluding month.
(4) If the last day for any act to be done or the last day of any period is a Saturday, Sunday, or legal holiday and completion
of such act involves a filing or other action during business hours, the period is extended to include the next day which is not a
Saturday, Sunday, or legal holiday.
(5) If the state constitution or a state statute requires doing an act in "not less than" or "no later than" or "at least" a certain
number of days or "prior to" a certain number of days or a certain number of months "before" the date of an election, or any phrase
that suggests a similar meaning, the period is shortened to and ends on the prior business day which is not a Saturday, Sunday, or
legal holiday, except as provided in section 1-2-201 (3).
Colorado Revised Statutes (general)
2-4-108. Computation of time. (1) In computing a period of days, the first day is excluded and the last day is included.
(2) If the last day of any period is a Saturday, Sunday, or legal holiday, the period is extended to include the next day which
is not a Saturday, Sunday, or legal holiday.
(3) If a number of months is to be computed by counting the months from a particular day, the period ends on the same
numerical day in the concluding month as the day of the month from which the computation is begun, unless there are not that many
days in the concluding month, in which case the period ends on the last day of that month.
City Code
Sec. 1-2. Definitions; rules of construction.
In the construction of this Code and of all ordinances, the following definitions and rules of construction shall apply unless such
construction would be inconsistent with the manifest intent of the City Council:
Computation of time. Whenever a notice is required to be given or an act to be done a certain length of time before any
proceedings shall be had, the day on which such notice is given or such act is done shall not be counted in computing the time, but
the day on which such proceeding is to be had shall be counted unless it is a Saturday, Sunday or legal holiday in which event the
period shall run until the next day which is not a Saturday, Sunday or legal holiday. Whenever the period is less than seven (7) days,
intermediate Saturdays, Sundays and legal holidays shall not be counted in the computation.
Municipal Initiatives, Referenda, and Referred Measures
31-11-103.5 Computation of time. Except as otherwise provided in this article, calendar days shall be used in all computations of
time made under the provisions of this article. In computing time for any act to be done before any municipal election, the first day
shall be included, and the last or election day shall be excluded. Except when computing business days, Saturdays, Sundays, and
legal holidays shall be included, but, if the time for any act to be done or the last day of any period is a Saturday, Sunday, or a legal
holiday, the period is extended to include the next day that is not a Saturday, Sunday, or legal holiday. If the time for an act to be
done under this article is referred to in business days, the time shall be computed by excluding Saturdays, Sundays, and legal holidays.
INITIATIVE PETITION PROCESS
An initiative is commenced by one or more registered electors filing with the City Clerk a written
notice of intent to circulate an initiative petition. The notice must contain, or have attached to it, the
full text of the proposed ordinance or resolution and must state whether a special election is
requested. There is no form for filing a notice of intent.
Once a notice of intent is filed, the City Clerk provides the petition representatives with petition
forms.
o The form of the initiative petition is prescribed by ordinance of the Council.
o The petition form contains warning language printed in red ink. Therefore, it is necessary
to assemble petition sections using original forms provided by the City Clerk.
o The petition must contain or have attached to each section, throughout its circulation, the
full text of the proposed ordinance or resolution.
o The petition must contain a general statement of purpose which fairly and accurately
summarizes the proposed ordinance or resolution, indicating that the petition is to be
circulated in support of the initiated ordinance or resolution, and specifying whether a
special election is requested.
o The petition must designate at least three, but no more than five persons who will act as
petition representatives.
o The petition must contain an affidavit to be completed by the petition circulator.
o Each petition section must contain all required information and must be securely fastened
at the top. (A typical method of fastening each section is by stapling across the top.)
Before circulation of the petition can begin, the City Clerk must approve the form of the petition.
o Each section is examined to determine that it contains all required information (and only
that information), that each section is numbered and the pages within each section are
numbered, and that each section is securely fastened at the top.
o Irregularities in the petition sections, if found, will be identified and the petition
representatives will be given an opportunity to correct the irregularities.
o The City Clerk will prepare a certificate of approval, which will contain a list of the section
numbers that have been approved for circulation. The date of the certificate of approval
shall start the running of the time periods provided for circulation and filing of the petition.
Each petition section must be carried by only one circulator, but a circulator may carry more than
one petition section.
o Petition circulators must be 18 years of age or older.
o Nothing prohibits circulators from being paid to circulate a petition.
o Circulators do not have to be registered electors.
o Circulators are prohibited from paying or offering to pay any money or other thing of value
to any person for the purpose of inducing or causing the person to sign a petition.
o Circulators are required to complete an affidavit, attached to each petition section, after the
petition has been circulated. The affidavit must be signed, under oath, before a notary
public. No additional signatures should be obtained on a petition section after completion
of the affidavit.
o Upon the request of any person to whom the petition is presented for signature, a petition
circulator is required to read aloud the entire text of the initiated measure.
Only registered electors may sign a petition.
o Each signer must sign his or her own signature, followed by the printed name, residence
address, and date of signing.
o No person shall sign more than once (on the same section or on different sections). If the
City Clerk finds more than one signature of the same person, the first signature verified will
be counted and all other signatures of that person will be rejected.
The number of signatures required on an initiative petition depends on the type of election
requested. If the petition representatives are willing to have the initiative placed on a regularly-
INITIATIVE PETITION PROCESS
scheduled election (held in April of odd-numbered years), the petition must contain valid signatures
equal in number to 10% of the total ballots cast in the last regular city election. If the petition
requests a special election, the number of signatures must equal 15% of the total ballots cast in
the last regular city election.
o Based on statistics from prior petition efforts, 30-50% of the signatures on a petition are
rejected for various reasons. Therefore, it is recommended that the total number of
signatures collected far exceed the required amounts.
All sections of a petition must be filed as one instrument.
A petition must be filed no more than 60 days after the City Clerk’s approval of the form for
circulation.
If the next regular city election is approaching, the petition must be filed at least 90 days prior to
the date of the next election.
If the petition requests a special election in conjunction with a Larimer County Coordinated or
General Election (held on the first Tuesday after the first Monday in November), the Charter
requires the City Clerk to establish a submittal deadline for the petition that will enable the measure
to be considered at such election.
Code 2-636
35 days after April
Election
NEW
05/11/21 Contribution/Expenditure Reports due
Code 7-136(c)
70 days after April
Election
NEW
06/15/21 Contribution/Expenditure Reports due
Code 7-136(c)
possible
date)
Certification of Election (Canvass) Charter Article VIII, Sec 7
04/19/21 Prepare certificates of election for
Councilmembers
CRS 31-10-1205(2)
03/19/21 Test of tabulation
15 days before
April Election
03/22/21
(03/19/21
preferred)
Deadline to mail ballot packages to voters Code 7-186(a)
CRS 31-10-910(2)(a)
03/22/21 Practical date to open on-site voting
14 days before
April Election
03/23/21 Contribution/Expenditure Reports due
Code 7-136(c)
14 days before
April Election
03/23/21 Counting (tabulation) of ballots may begin Code 7-193
Constitution Article X,
Section 20(3)(b)(v)
CRS 1-7-903(3)
Not later than 42
days before April
Election
NEW
02/23/21 Deadline to withdraw from candidacy Code 7-116
Charter Article VIII, Sec 3
42 days before
April Election
NEW
02/23/21 Deadline for Write-In Candidates to file affidavits Code 7-103
40 days before
April Election
02/25/21 Deadline to order registration records from
County Clerk (registrations as of 30 days prior to
the election)
CRS 1-5-303(1)
35 days before
April Election
NEW
03/02/21 Contribution/Expenditure Reports due
Code 7-136(c)
At least 30 days
before April
Election
03/07/21
03/05/21
Deadline to mail TABOR notice to households
with registered voters
Constitution Article X,
Section 20(3)(b)
CRS 31-10-302)
At least 60 days
before April
Election
02/05/21
(Publish on
01/31/21)
Deadline to publish notice of Charter
amendments (publish a week early so there is time to
correct if newspaper fails to publish as requested)
CRS 31-2-210(4)
60 days before
April Election
02/05/21 Order voter registration file from Larimer County