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HomeMy WebLinkAbout114 - 09/17/1996 - AMENDING CITY CODE PERTAINING TO CAMPAIGN CONTRIBUTION LIMITS ORDINANCE NO. 114, 1996
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 7-127 OF THE CITY CODE PERTAINING TO
CAMPAIGN CONTRIBUTION LIMITS
WHEREAS, Section 7-127 of the City Code imposes a fifty dollar($50)limit on the amount
of contributions or contributions in kind which any person or entity may make in support of or in
opposition to any candidate on the ballot in any City elections; and
WHEREAS,the foregoing limit applies only to contributions or contributions in kind made
directly to the candidate,to a political committee, or to third-parties at the request of or with the prior
knowledge of the candidates; and
WHEREAS, the legislative intent of this provision is to exempt bona fide "independent
expenditures" made by persons or entities in view of the fundamental constitutional difference
between money spent to advertise one's own views independently of a candidate's campaign and
money contributed to the candidate to be spent on the campaign; and
WHEREAS, the absence of prearrangement and coordination between an expenditure and
a particular candidate alleviates the risk that such expenditures will be given as a quid pro quo for
improper commitments from the candidate and alleviates the need for a monetary limit to be placed
upon such independent expenditures; and
WHEREAS, the Council believes that certain other changes should also be made to Section
7-127 to clarify the purpose and intent of the limitation imposed by such section.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section 7-127 of the City Code is hereby amended so as to read in its entirety as
follows:
Sec. 7-127. Limits.
(a) No person may make contributions or contributions in kind in excess of fifty
dollars ($50.) to any candidate or any authorized political committee of such
candidate. . This limitation shall apply to all contributions or contributions in kind,
whether made directly to a candidate or authorized political committee or indirectly
via earmarked gifts passed through an intermediary, except that this limitation shall
not apply to:
(1) contributions or contributions in kind made by a candidate to his or her own
political committee;
(2) independent expenditures made by any person without the cooperation or
authorization of, or consultation with, the candidate, an authorized political
committee of the candidate, or an agent of the candidate, and which are not
made in concert with, or at the request or suggestion of, the candidate, an
authorized political committee of the candidate, or an agent of the candidate;
or
(3) monetary loans that are: (a)personally guaranteed in writing by the candidate,
the candidate's immediate family, or a business entity in which the candidate
owns at least five percent (5%); or (b) secured by real or personal property
owned by the candidate, the candidate's immediate family, or a business
entity in which the candidate owns at least five percent (5%); or
(4) the value of volunteer services provided without compensation by individuals
volunteering their time on behalf a candidate or a political committee.
b. For the purposes of this section,the following definitions shall
apply:
Candidate shall mean any person who seeks election to the office
of mayor or councilmember at any city election. A person is a
candidate if the person has publicly announced an intention to seek
such election,or has filed nominating petitions for the office of mayor
or councilmember or has been chosen to fill any vacancy in the office
of mayor or councilmember.
Contribution shall mean any payment, gift, or pledge of money or
any loan not meeting the requirements of Section 7-127(a)(2), or any
guarantee of a loan, made for the purpose of influencing the
nomination, retention, election or defeat of any candidate on the
ballot at any city election. "Contribution" shall include the transfer
of any money between one political committee and another; the
payment of any money by any person, other than the candidate or an
authorized political committee of the candidate, for political services
rendered to the candidate or an authorized political committee of the
candidate; and any payment made after an election to meet any deficit
or debt incurred by the candidate or an authorized political committee
of the candidate during the course of the candidate's campaign.
Contribution in kind shall mean a gift of any item of real or
personal property,other than money. "Contribution in kind" shall not
include an endorsement of candidacy by any person. In determining
the value to be placed on contributions in kind, a reasonable estimate
of fair market value shall be used.
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Political committee shall mean any two or more persons who are
elected, appointed or chosen or who have associated themselves or
cooperated for the purpose of accepting contributions or contributions
in kind or making expenditures to support or oppose the election of
a candidate.
Authorized political committee shall mean the principal campaign
committee of a candidate or any other political committee authorized
to receive contributions or make expenditures on behalf of such
candidate.
Person shall mean any individual, partnership, committee
association, corporation, labor organization or other organization or
group of persons.
Introduced, considered favorably on first reading, and ordered published this 3rd day of
September, A.D. 1996, and to be presented for final pass�-rt the 17th day epterhber, A.D.
1996.
Mayor
ATTEST:
City Clerk��—
Passed and adopted on final reading this 17th day of Sept ber, A.D. 1996.
Mayor
ATTEST:
�1" S��-.,a
City Clerk
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