HomeMy WebLinkAbout077 - 06/19/2018 - AMENDING CHAPTER 7 OF CITY CODE TO AMEND REQUIREMENTS AND PROCEDURES FOR CITY ELECTIONS ORDINANCE NO. 077, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 7 OF THE CODE OF THE CITY OF FORT COLLINS
TO AMEND REQUIREMENTS AND PROCEDURES FOR CITY ELECTIONS
WHEREAS, Chapter 7 of the City Code sets out procedures and requirements for
redistricting of Council districts, for the conduct of City elections, for disclosure of campaign
finance information, and other related matters; and
WHEREAS, in 2015 the City Council formed an ad hoc committee, including
Councilmembers Cunniff, Overbeck and Stephens, to review, discuss and recommend the most
beneficial changes to the Code and City Charter regarding elections and other related matters; and
WHEREAS, in January 2017, Council made the ad hoc Committee a standing committee
of the Council for the purpose of identifying and evaluating ideas` for improvements to City
election laws and practices and anticipating adjustments that may be needed to adopt to a changing
legal and technological environment, for Council consideration; and
WHEREAS, as a result of the Committee's work (as both an ad hoc committee and a
standing committee), Ordinance No. 021,2016, Ordinance No. 005,2017, and Ordinance No. 045,
2018 were considered and adopted by the Council to update various provisions of Chapter 7; and
WHEREAS, the Committee continued to meet in 2017 and 2018, and has recommended
additional clarifications and amendments to Chapter 7; and
WHEREAS, the Committee has recommended that deadlines for submission of filings be
adjusted to provide clarification in Code Sections 7-103, 7-116, 7-117, and 7-136; and
WHEREAS, the Committee has recommended that the definition of independent
expenditure be expanded to include uncoordinated expenditures supporting or opposing ballot
issues or ballot questions, while excluding certain media communication, and to also require
persons making such expenditures to retain copies of public communications resulting from said
expenditures; and
WHEREAS, the Committee has recommended changes to Code Sections 7-132, 7-135, 7-
139, and 7-141 to address changing methods of political communication,including but not limited
to campaign advertisements on websites and social media; and
WHEREAS,the Committee has recommended the creation of a new Article IX of the Code
to address absentee voting by uniform military and overseas voters; and
WHEREAS, these amendments generally improve and clarify the City's campaign finance
disclosure and election requirements and processes; and
WHEREAS, the Council desires to enact the recommendations of the Committee and staff
in order to clarify and improve the various provisions of Chapter 7, as set forth below.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY,OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth`above.
Section 2. That Section 7-103 of the Code of the City of,Fort Collins is hereby
amended to read as follows:
Sec.\7-103. Write-in Candidates.
No write-in vote for a candidate for City Council office shall be counted unless the person
whose name appears as the write-in vote has filed an affidavit of intent with the City Clerk,
no later than the close of business forty-two (42) days before the election, indicating that
such person desires and is qualified for the office.
Section 3. That Section 7-116 of.the Code of the City 'of Fort Collins is hereby
amended to read as follows:
Sec. 7-116. Nomination of candidates; withdrawal from candidacy.
A nominating petition required pursuant to Article VIII of the Charter may not be circulated
earlier than seventy(70) days before the election and must be filed with the City Clerk not
later forty-nine (49) days before the election. A person who has been nominated may, not
later than forty-two (42) days before the election, withdraw by filing with the City Clerk a
request therefor in writing, and no name so withdrawn shall be placed upon the ballot.
Section 4. That Section 7-117 of the Code of the City of Fort Collins is hereby
amended to read as follows: '
Sec. 7-117. Recall elections; nomination of candidates.
Anyone desiring to become a candidate at a recall election shall do so by nominating
petition as required in Article VIII of the Charter. All nominating petitions for such
candidates shall be filed with the Office of the City Clerk no later than forty-nine (49) days
prior to the date of the recall election.
Section 5. That Section 7-132 of.the Code of the City of Fort Collins is hereby
amended with respect to the definition of the term "independent expenditure," to read as follows:
Sec. 7-132. Definitions.
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Independent expenditure shall mean the payment of money by any person for the purpose
of advocating the election, defeat or recall of a candidate, which expenditure is not
controlled by, or coordinated with, any candidate or any agent of such candidate.
Independent expenditure shall- include expenditures for political messages which
unambiguously refer to any specific public office or candidate for such office. Independent
expenditure shall also include the payment of money by any person for supporting or
opposing a ballot issue or ballot question that is not controlled by, or coordinated with, an
issue committee. Independent expenditure shall include, but not be limited to,
advertisements placed for a,fee on another person's website or advertisement space
provided for no fee or a reduced fee where a fee ordinarily would have been charged.
Independent expenditare•shall not include:
(1) Expenditures made by persons, other than political committees, in the
regular course and scope of their business and political messages sent solely to their
members; or
(2) Any news articles, editorial endorsements, opinion or commentary writings,
or letters to the editor printed in a newspaper, magazine or other periodical not
owned or controlled by the candidate,or communications other than advertisements
posted or published on the internet for no fee!
Section 6. That Section 7-132 of the Code of the City of Fort Collins is hereby
amended to add a definition of the term "social media," to read as follows:
Sec. 7-132. Definitions.
Social media shall mean any electronic medium, including an interactive computer service,
application, or data network, that allows users to create, share, and view user-generated
content, including but not limited to videos, still photographs, blogs, video blogs, podcasts,
instant messages, electronic mail, or internet website profiles.
Section 7. That Section 7-134(d) of the Code of the City-of Fort Collins is hereby
amended to read as follows:
Sec. 7-134. Registration of committees; termination.
(d) Any political committee or issue committee that has not taken the necessary
steps to terminate pursuant to Subsection (c) above must have properly disposed of
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all funds and must file a termination report no later than seventy (70) days after the
election.
Section 8. That Section 7-135(f) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-135. Campaign contributions/expenditures.
(f) Recordkeeping.
(1) All contributions received by a candidate committee, small-scale issue
committee, issue committee or political committee shall be documented and
deposited and maintained in a financial institution in a separate account whose title
shall include the name of the committee. All records pertaining to contributions and
related accounts shall be maintained by the committee for one (1) year following
any election in which the committee received contributions unless a complaint has
been filed under Subsection 7-145(a) alleging a violation of the provisions of this
Article, or the person or committee has received notice of an investigation or
prosecution of a violation of this Article by the City or other law enforcement
authority, in which case they shall be maintained until final disposition of the
complaint and any consequent court proceedings. Such records shall be subject to
inspection in connection with any investigation'or other action to enforce the terms
of this Article.
(2) All•expenditures shall be documented and all records pertaining to said
expenditures, including but not limited to invoices, receipts, instruments of
payment, and copies of any public communications produced as a result of the
expenditure, shall be maintained by the committee for one (1) year following any
election in which the committee expended the funds unless a complaint has been
filed under Subsection 7-145(a)alleging a violation of the provisions of this Article,
or the person or committee has received notice of an investigation or prosecution
of a violation of this Article by the City or other law enforcement authority, in
which case they shall be maintained until final disposition of the complaint and any
consequent court proceedings. Documentation shall include the name and address
of the vendor(s) or payee(s) providing the property, materials, or services and the
amount of the expenditure. Such records shall be made available within three (3)
business days upon request of the City and subject to inspection in connection with
any investigation or other action to enforce the terms of this Article.
Section 9. That Section 7-136(c) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-136. Disclosure; filing of reports.
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(c) Reports shall be filed with the City Clerk as follows:
(1) All committees must file reports on the following dates:
a. the thirty-fifth (351h) day before the election;
b. the twenty-first (21") day before the election;
C. the fourteenth (141h) day before the election;
d. no later than noon on the Friday before the election;
e. the thirty-fifth (351h) day after the election; and
f. the seventieth (701h) day after the election.
(2) Candidate committees that continue in operation must file a report annually
on the first day of the month in which the anniversary of the election occurs until
such time as a termination report is filed.
(3) If the reporting day falls on a weekend or legal holiday, the report shall be
filed by the close of the next business day.
Section 10.- That Section 7-139 of the Code of the City of Fort Collins is hereby
amended to read as follows:
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;
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(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, instruments of payment, and
copies of any public communications produced as a result of the expenditure, shall be
maintained for one (1) year following any election in which the funds were expended
unless a complaint has been filed under Subsection 7-145(a) alleging a violation of the
provisions of this Article,or the person or committee has received notice of an investigation
or prosecution of a violation of this Article by the City or other law enforcement authority,
in which case they shall be maintained until final disposition of the complaint and any
consequent court proceedings. Such records shall be made available within three (3)
business days upon request of the City and subject to inspection in connection with any
hearing held pursuant to this Article.
Section 11. That Section 7-141 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-141. Expenditures for political advertising; rates and charges.'
(a) No candidate committee shall pay.to any radio or*television station, newspaper,
periodical, internet advertiser or website provider, social media provider or other supplier
of materials or services a higher charge than that normally required for local commercial
customers for comparable use of space, materials or services. Any such rate shall not be
rebated, directly or indirectly.
(b) Any radio or television station, newspaper, internet advertiser or website provider,
social media provider or periodical that charges an issue committee or candidate committee
a lower rate for use of space, materials or services than the rate such station, newspaper,
internet advertiser or website provider, social media provider or periodical or supplier
charges another issue committee or candidate committee for the same ballot measure or
public office for comparable use of space, materials or services shall report the difference
in such rate as a contribution in kind to the issue committee or candidate committee that is
charged such lower rate.
(c) Nothing in this Article shall be construed to prevent an adjustment in rates related
to frequency, volume, production costs and agency fees if such adjustments are offered
consistently to other advertisers.
Section 12. That Chapter 7 of the Code of the City of Fort Collins is hereby amended
by the addition of a new Article IX to read as follows:
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ARTICLE IX.
UNIFORM MILITARY AND OVERSEAS VOTERS
Sec. 7-211. Legislative Intent.
The City Council hereby finds and declares that it is appropriate and necessary to provide
an avenue for City electors who are active members of the various uniformed services or
who are overseas to submit absentee votes in City elections.
See. 7-212. Definitions.
The following words,terms and phrases, when used in this Article, shall have the meanings
ascribed to them in this Section:
Absentee ballot shall mean a ballot transmitted to a covered voter at an address or location
other than the residential or mail address of the elector in the County's voter registration
records, or by any other reasonable method acceptable to the covered voter.
Covered voter shall mean:
(1) A uniformed-service voter, as defined in this Section, who is a resident of
the City but who is absent from the City by reason of active duty and who otherwise
satisfies the City's voter eligibility requirements;
(2) An overseas voter who, before leaving the United States, was last eligible
to vote in the City and, except for a residency requirement, otherwise satisfies the
City's voter eligibility requirements;
(3) An overseas voter who, before leaving the United States, would have been
last eligible to vote in the City had the voter then been of voting age and, except for
a residency requirement, otherwise satisfies the City's voter eligibility
requirements; or
(4) An overseas voter who was born outside the United States, is not described
in paragraph (2) or (3) of this definition, and, except for a residency requirement,
otherwise satisfies the City's voter eligibility requirements if the last place where a
parent, legal guardian, spouse or civil union partner of the voter was, or under this
Article would have been, eligible to vote before leaving the United States is within
the City.
Dependent shall mean a spouse, civil union partner, or dependent of a covered voter
defined in this Section who is a resident of the City but who is absent from the City by
reason of the active duty or service of the covered voter..
Overseas voter shall mean a United States citizen who is outside the United States.
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Uniformed-service voter shall mean an individual who is qualified to vote in the City and
is:
(1) A member of the active or reserve components of the Army, Navy, Air
Force, Marine Corps, or Coast Guard of the United States who is on active duty;
(2) A member of the merchant marine, the commissioned corps of the public
health service, or the commissioned corps of the national oceanic and atmospheric
administration of the United States; or
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(3) A member on activated status of the National Guard.
Sec. 7-213. Notice of upcoming election.
Prior to any election conducted by the City and not coordinated with the County pursuant
to Section 1-7-116, C.R.S., the City Clerk shall mail a letter to all covered voters,eligible
to participate in the upcoming election notifying said voters of the date ballots will be
mailed, the unlikelihood that the time periods for conducting the election will afford said
voters the opportunity to receive the ballot mailed and return his or her voted ballot in a
timely manner, and alternative methods for casting a ballot for the election. Said letter
shall be mailed as follows:
(1) For a regular municipal election, no less than sixty-three (63) days prior to
the date of election.
(2) For a special municipal election, no less than sixty-three (63) days prior to
the date of election.
(3) For a recall election, as soon as practicable after the election is called.
Sec. 7-214. Alternative methods for casting a ballot; transmission and receipt.
(a) A covered voter may vote the original ballot mailed to him or her or may-request
an absentee ballot.
(b) Voted ballots may be returned by mail,or by electronic mail or any other reasonable
method to provide the covered voter an opportunity to vote, provided that the method is
acceptable to the City Clerk and the covered voter and provided the covered voter
acknowledges in writing that he or she has chosen to vote using the alternative method and
has further agreed that the City Clerk may manually transfer the covered voter's vote to an
official ballot for counting purposes.
(c) To be valid, a ballot must be either received-by the City Clerk by 7:00 p.m. on the
date of election, or be postmarked or deposited by the covered voter with a military post
office by 7:06 p.m. mountain time on the date of the election.
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(d) A valid ballot cast by mail shall be counted if it is received by the City Clerk by
5:00 p.m. mountain time on the eighth (8`h) day after the election.
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Introduced, considered favorably on first reading, and ordered published this 5th day of
June, A.D. 2018, and to be presented for final passage on the 19th day of June, A.D. 2018.
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Passed and adopted on final reading on this 19th day of June, A.D. 2018.
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