HomeMy WebLinkAbout012 - 01/19/2021 - SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS A PROPOSED AMENDMENT TO ORDINANCE NO. 012, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT
COLLINS A PROPOSED AMENDMENT TO SECTION 8 OF ARTICLE VIII OF THE CITY
CHARTER PERTAINING TO RESTRICTIONS ON CAMPAIGN CONTRIBUTIONS
WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins ("Charter")
provides that the Charter may be amended as provided by the laws of the State of Colorado; and
WHEREAS, Section 31-2-210, Colorado Revised Statutes, provides that Charter
amendments may be initiated by the adoption of an ordinance by the City Council submitting a
proposed amendment to a vote of the registered electors of the City of Fort Collins; and
WHEREAS, Article VIII, Section 8 of the Charter ("Section 8") currently charges the
Council by ordinance with establishing a limit on the amount that any person or entity may
contribute in support of a candidate for Council on the ballot at any City election; and
WHEREAS, Section 8 further prohibits certain persons from directly or indirectly
contributing or expending any money or other valuable thing to assist in the election or defeat of
any candidate; and
WHEREAS, from time to time the decisions of the United States Supreme Court, the
Colorado Supreme Court and other federal and state courts with jurisdiction over city matters
consider and decide cases affecting the extent to which the City may restrict political speech in the
form of campaign expenditures and contributions; and
WHEREAS, the Council has acted to establish extensive restrictions on and requirements
for campaign activities, including campaign contributions and expenditures, in Chapter 7 of the
City Code; and
WHEREAS, in order to consolidate the restrictions on, and requirements for, campaign
contributions and expenditures and allow the Council to adjust them to reflect the evolution of the
law as it applies to political speech, the Council desires to amend Section 8 to charge the Council
with establishing prohibitions and limitations on, and requirements for, campaign contributions
and expenditures in support of or opposition to candidates and matters on the ballot at any city
election.
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 the following proposed changes to Section 8 of Article VIII of the City
Charter shall be submitted to the registered electors of the City as "Proposed Charter Amendment
No. 2" at the regular municipal election to be held on Tuesday, April b, 2021:
-1-
ARTICLE VIII.
ELECTIONS
Section 8. -Campaign contributions.
The Council shall act by ordinance to prohibit such campaign contributions and
expenditures as it determines reasonably appropriate,to establish a limit on the amount that
any person or entity may contribute in support of a candidate for Council on the ballot at
any city election and to require disclosures and reporting of campaign contributions and
expenditures.
Section 3. That the following ballot title and submission clause are hereby adopted for
submitting Proposed Charter Amendment No. 2 to the voters at said election:
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. 2
Shall Section 8 of Article VIII of the Charter of the City of Fort Collins, pertaining
to campaign contributions for city elections, be amended to remove the stated
prohibition on campaign contributions and expenditures and instead provide that
Council shall by ordinance establish prohibitions on, and requirements for,
campaign contributions and expenditures for city elections, in addition to limits on
contributions to support or oppose candidates for Council?
Yes/For
-.No/Against
Introduced, considered favorably on first reading, and ordered published this 5th day of
January, A.D. 2021, and to be presented for final passage on the 19th d January, A.D. 2021.
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Passed and adopted on final reading on the 19th day of January, A.D. 2021.
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