Loading...
HomeMy WebLinkAbout021 - 03/01/2016 - AMENDING CHAPTER 7 OF CITY CODE TO UPDATE AND AMEND REQUIREMENTS AND PROCEDURES FOR CITY ELECTIONS ORDINANCE NO. 021, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 7 OF THE CODE OF THE CITY OF FORT COLLINS TO UPDATE AND AMEND REQUIREMENTS AND PROCEDURES FOR CITY ELECTIONS WHEREAS, Chapter 7 of the City Code provides the procedures, requirements and responsibilities for the conduct of municipal elections, reporting and registration of candidate, issue and political committees, and campaign finance disclosure requirements; and WHEREAS, over the last several years, state election laws, rules, policies and procedures have been significantly amended; and WHEREAS, in response to the adoption of new state law provisions regarding uniformed and overseas voters, City staff has reviewed the current City practices related to these voters in order to determine whether meaningful benefit would be derived from significant timeframe and process enhancements to promote and facilitate voting by uniformed and overseas voters; and WHEREAS, in addition, procedural improvements and matters in need of clarification have been identified during the conduct of recent elections; and WHEREAS, the City Clerk has identified opportunities for increasing access and transparency and reducing cost and delay through the use of available technology and updated communications tools; and WHEREAS, in light of the foregoing, City staff developed a number of recommendations for possible amendments to Chapter 7 to update and improve the City's election and campaign finance provisions accordingly; and WHEREAS, on October 20, 2015, the City Council adopted Resolution 2015-092, appointing Councilmembers Ross Cunniff, Bob Overbeck and Kristin Stephens to an ad hoc committee (the "Committee") to review recent changes in relevant election laws, rules, policies and procedures and to make recommendations for possible City Code and City Charter changes for Council consideration; and WHEREAS, the Committee met in November, December, January and February, and completed its work on February 23, 2016; and WHEREAS, based on the matters discussed and considered by the Committee, the Committee unanimously recommended a number of City Code changes, which are set out in this Ordinance; and WHEREAS, the Committee further recommended that the Council consider proposing for voter approval when practicable an amendment to the Charter provision allowing the mayor and councilmembers to decline all or any portion of their compensation specified for them in the Charter; and -1- WHEREAS, in light of ongoing discussions with Larimer County and the Secretary of State, as well as legislation pending before the Colorado General Assembly regarding the options for signature verification, the City Clerk has recommended that she continue to investigate options for signature verification and return to the Committee and the Council later in 2016 with updated recommendations; and WHEREAS, the Council has reviewed and considered the recommendations of City staff and the Committee, and has determined that the amendments to Chapter 7 as set forth in this Ordinance will be for the benefit of the citizens of Fort Collins and will improve the clarity of the election requirements as well as the efficiency and transparency of the City's election procedures. 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 Article I of Chapter 7 of the Code of the City of Fort Collins is hereby amended by the addition of a new Section 7- 1 which reads in its entirety as follows: Sec. 7-1. Applicable law. (a) All City elections shall be governed by and conducted in accordance with the applicable election requirements and procedures in the Colorado Constitution, the Charter, this Chapter 7, and in any ordinance adopted by City Council. If any matter regarding a City election is not covered by such provisions, the applicable requirements and procedures of the Colorado Municipal Election Code of 1965, as amended, shall govern, except that Section 31-10-102.8, Colorado Revised Statutes, shall not apply. (b) Notwithstanding the foregoing, if a City election is being conducted as a coordinated election with the Larimer County Clerk and Recorder, that election shall be governed by and conducted in accordance with the requirements and procedures of the Uniform Election Code of 1992, as amended, but only to the extent necessary for that election to be conducted as a coordinated election. Section 3. That Article I of Chapter 7 of the Code of the City of Fort Collins is hereby amended by the addition of a new Section 7-20 which reads in its entirety as follows: Sec. 7-20. Duties of City Clerk. The City Clerk shall: (1) Provide forms and instructions to assist candidates and the public in complying with the reporting requirements of Article V; -2- (2) Keep a copy of any report or statement required to be filed by Article V for a period 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. (5) Prescribe the form of materials to be used in the conduct of mail ballot elections consistent with the provisions contained in Article VIII; (6) Establish procedures for conducting mail ballot elections consistent with the provisions contained in Article VIII, including efforts to inform uniformed and overseas voters of the upcoming election; (7) Supervise the conduct of mail ballot elections; (8) Employ temporary election workers as needed; and (9) Take all necessary steps to protect the confidentiality of voted ballots and the integrity of the election. Section 4. That Section 7-41 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-41. Appointment. The City Clerk shall appoint workers to participate in the conduct of the election. Section 5. That Section 7-42 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-42. Compensation. Election workers shall receive compensation for participating in the conduct of the election in an amount established by the City Clerk based on a review of comparable types of work. Section 6. That Article II, Division 3 of Chapter 7 of the Code of the City of Fort Collins is hereby amended by the addition of a new Section 7-43 which reads in its entirety as follows: Sec. 7-43. Oath of Office. -3- Each election worker shall take and subscribe to an oath to support the Constitutions and laws of the United States and the State and the Charter and ordinances of the City. Section 7. That Article II of Chapter 7 of the Code of the City of Fort Collins is hereby amended by the addition of a new Division 4 which reads in its entirety as follows: Division 4 Recounts Sec. 7-45. Mandatory recount. The City Clerk shall conduct a recount of the votes cast for any office, and for any ballot issue or question if it appears, as evidenced by the survey of returns, that the difference between the highest number of votes cast for such office, ballot issue or question and the next highest number of votes cast in the same is less than or equal to one-half of one percent of the highest number of votes cast for said office, ballot issue or question. In the event of a mandatory recount, the following procedures shall be used: (1) The recount process shall be completed no later than the fifteenth (15) day following the certification of election results, and shall be paid for by the City. (2) The City Clerk shall give notice of the recount to all candidates and, in the case of a ballot issue or question, to any petition representatives identified pursuant to Article X, Section 5(e) of the Charter that are affected by the result of the election. Such notice shall be given by certified mail or by other means reasonably expected to notify the affected candidates or petition representatives. (3) Any affected candidate or his or her designee or petition representative shall be allowed to be present at and observe the recount. Sec. 7-46. Recount by request. Whenever a recount of the votes cast for any office, ballot issue or question is not required pursuant to Section 7-45, any candidate for office, any petition representative for a ballot issue or question, any committee's registered agent, or any eligible elector, may submit to the City Clerk a written request for a recount at the expense of the party making the request. (1) This request, together with that amount determined by the City Clerk to be the preliminary estimated cost of the recount, shall be filed with the City Clerk within five (5) days after the certification of election results. (2) Before conducting the recount, the City Clerk shall give notice of the recount in accordance with the provisions of Section 7-45(2). -4- (3) The funds paid to the City Clerk for the recount shall be in one (1) certified check, accompanied by an affidavit disclosing the source or sources of the funds, and said funds shall be used for payment of all expenses incurred in the recount. (4) If, after the recount, the outcome of the vote on the recounted office, ballot issue or question is reversed or if the amended vote count is such that a recount otherwise would have been required pursuant to Section 7-45, the payment for expenses shall be refunded to the party who requested the recount. (5) Within sixty (60) days after the final certification of recounted election results, the City Clerk shall prepare and deliver to the party who requested said recount the final costs for the recount. Any additional amount due shall be paid by the party who requested the recount in one (1) certified check within thirty (30) days of receipt of the final costs. Any refund due shall be refunded within thirty (30) days after the determination of final costs. (6) Any recount of votes conducted pursuant to this Section shall be completed no later than the fifteenth (15) day after the certification of election results. Sec. 7-47. Recount procedures. In addition to the applicable procedures described above, the City Clerk shall be responsible for conducting the recount, shall determine the method and procedures for conducting the recount, and shall be assisted by the Board of Elections, as outlined in Article VIII, Section 5 of the Charter. If a member of the Board of Elections is not available to participate in the recount, another person shall be appointed by the City Clerk. (1) The City Clerk may appoint election workers to assist with the recount, whether or not such workers served as workers in the election. Persons assisting in the conduct of the recount shall be compensated as provided in Section 7-42 and shall take an oath of office as provided in Section 7-43. (2) After a recount conducted pursuant to this Division has been completed, an amended certificate of election shall be completed by the Board of Elections, and the results of such amended certificate shall become final. Section 8. That Section 7-88 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-88. Protest procedure. Any registered elector desiring to protest the manner of redistricting proposed in any such redistricting ordinance shall file a written protest with the City Clerk no later than noon -5- on the Monday immediately preceding the date upon which the proposed redistricting ordinance is to be heard by the City Council on first reading. Such notice of protest shall be on a form available from the City Clerk, shall be signed by the protestor(s), and shall set forth (1) the name, address, and phone number of the protestor(s); (2) the title of the redistricting ordinance being protested; (3) with particularity, the grounds of the protest; and (4) any other information required by the City Clerk. Such protest shall be heard, considered and resolved by the City Council no later than the date of second reading of the proposed redistricting ordinance. Section 9. That the definition of "Contribution" contained in Section 7- 132 of the Code of the City of Fort Collins is hereby amended to read as follows: Contribution shall not include: (1) services provided without compensation by individuals volunteering their time on behalf of a candidate, candidate committee, political committee or issue committee; (2) funds collected subsequent to the election to pay the cost of a requested recount pursuant to 7-46. Section 10. 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. (c) Reports shall be filed with the City Clerk on the twenty-first day, fourteenth day, and no later than noon on the Friday before the election, thirty (30) days after the election, and 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. 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 11 . That Section 7-137 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-137. Reports to be public record. (a) Upon receipt of any campaign report submitted pursuant to this Article, the City Clerk shall make available such report for public inspection and post the report on the City's website no later than the next business day. -6- (b) No information contained in any campaign report submitted pursuant to this Article shall be sold or used by any person for the purpose of soliciting contributions or for any commercial purpose. Section 12. That Section 7-13 8 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-138. Unexpended campaign contributions. (a) Unexpended campaign contributions to a candidate committee may be: (1) Contributed to a political party; (2) Contributed to a candidate committee established by the same candidate for a subsequent campaign, subject to the limitations set forth in Paragraph 7- 135(e)(2), if the candidate committee making such a contribution is affirmatively closed by the candidate no later than ten (10) days after the date such a contribution is made; (3) Donated to a charitable organization recognized by the Internal Revenue Service; (4) Returned to the contributors...; (5) Used to pay for the cost of a recount requested by the candidate pursuant to §7-46. (d) Unexpended contributions to an issue committee or political committee may be donated to any charitable organization recognized by the Internal Revenue Service, or returned to the contributor, or used to pay for the cost of a recount requested by the committee's registered agent pursuant to §7-46. Section 13. That Section 7-140 of the Code of the City of Fort Collins is hereby deleted in its entirety and shall be reserved for future use: Section 14. That Section 7-156 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-156. Protests of proposed ballot title and/or submission clause. Any registered elector desiring to protest a proposed ballot title and/or submission clause for any initiated or referred measure shall file a notice of protest with the City Clerk no later than noon on the Monday immediately preceding the date upon which the City Council will consider the ordinance on first reading, or resolution, setting the ballot title and submission clause. Such notice of protest shall be on a form available from the City -7- Clerk, shall be signed by the protestor(s), and shall set forth: (1) the name, address, and phone number of the protestor(s); (2) the title of the ordinance or resolution being protested; (3) with particularity, the grounds of the protest; and (4) any other information required by the City Clerk. Such protest shall be heard, considered and resolved by the City Council prior to the adoption of said ordinance or resolution. Any legal challenge of the form or content of a City ballot title and/or submission clause for any initiated or referred measure shall be brought in the City's Municipal Court or Larimer County District Court using the procedure set forth in, and in accordance with, Section 1-11- 203.5, Colorado Revised Statutes, as amended, which shall be the exclusive manner for such legal challenges. Section 15. That Section 7-183 of the Code of the City of Fort Collins is hereby deleted in its entirety and held in reserve for future use: Section 16. That Section 7-184 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-184. Notice of election. (a) No later than twenty (20) days before an election conducted pursuant to this Article, the City Clerk shall provide notice by publication of a mail ballot election, which notice shall state, as applicable for the particular election for which the notice is provided, the following: (1) The date of the election; (2) The hours during which the polls will be open on election day; (3) The address of the walk-in location for the delivery of mail ballots and the receipt of replacement ballots, and the hours during which the walk-in location will be open; (4) The address of the location for the application for, and the return of, absentee ballots and the hours during which the office will be open. (5) Such other information that may be useful to voters regarding the conduct of the election or related to disclosures required in this Chapter. (b) The notice required to be given by this Section shall be in lieu of the notice requirements set forth in Section 31-10-501(1), C.R.S. Section 17. That Section 7-185 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-185. Form of ballots; order of items on the ballot. -8- (e) Items on the ballot shall appear in the following order: 1. City-initiated measures under Article X, Section 20 of the State Constitution 2. Citizen-initiated measures under Article X. Section 20 of the State Constitution 3. City-initiated measures 4. Citizen-initiated or referred measures (f) Citizen-initiated measures and citizen-referred measures as listed in subparagraph (e) 2 and (e) 4 above shall appear by category in the order of receipt of final petition, whether it is the initial petition or an amended petition. Section 18. That Section 7-189 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-189. - Absentee voting. (d) If an eligible elector requests delivery of an absentee ballot to an address outside of the United States or otherwise requests to vote by absentee ballot and it appears unlikely in the judgment of the City Clerk that the absentee ballot will be delivered to the elector in sufficient time to allow the elector to vote the ballot and return it to the City Clerk by mail before 7:00 p.m. on election day, the City Clerk is authorized to use any reasonable method to provide the elector an opportunity to vote, provided that the method is acceptable to the elector and the elector acknowledges in writing that he or she has agreed to vote in the method offered and has further agreed that the City Clerk may transfer the elector's vote to an official ballot for counting purposes. Section 19. That Section 7-191 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-191. Receipt and qualification of ballots; signature verification not required. (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, 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 -9- 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. Section 20. That Section 7-192 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-192. Rejected ballots. The City Clerk is authorized, but not required, to make a reasonable effort to allow an eligible elector whose ballot has been rejected to correct the deficiency causing rejection. 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. Section 21 . That Section 7-193 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7-193. Counting mail ballots; release of preliminary election results. Counting of mail ballots may begin fourteen (14) days prior to the election and continue until counting is completed. The City Clerk shall take all precautions necessary to ensure the secrecy of voted ballots, and no information concerning the same shall be released by election workers except as authorized by the City Clerk. The City Clerk is authorized to release preliminary election results after 7:00 p.m. on Election Day provided they are clearly marked as unofficial. Official results shall be released upon final certification of the election. Section 22. That in light of ongoing discussions with Larimer County and the Secretary of State, as well as legislation pending before the Colorado General Assembly regarding the options for signature verification, the City Clerk is hereby directed to continue to investigate options for signature verification and to return to the Committee and the Council later in 2016 with updated recommendations in that regard. -10- Introduced, considered favorably on first reading, and ordered published this 9th day of February, A.D. 2016, and to be presented for final passage on the 1st day of March, A.D. 2016. 4 FORT.FC or ATTEST: Al'•S L'.N EA C/v CN ••'Pp� City Clerk Passed and adopted on final reading on this 1 st day of March, A.D. 2016. ayor ATTEST: r- City Clerk ..o COLORpO -11- . titre � Account 0: FTC-003160 FORT•COLLINS 0_/ / Invoice Text_N NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on 7 STATE OF COLORADO ) )ss: AFFIDAVIT OF PUBLICATION NOTICE IS HEREBY GIVEN that the COUNTY OF LARIMER ) Fort Collins City Council, on Tuesday, March 11 2016, passed and adopted the following ordinances on second reading: OFDTHE COUNCIL OF INANCE NO.021, 1THE CITY OF Andrew Troncoso ,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins FORT AMEND LLINCHAPTER 7 OF THE Coloradoan;that the same is a daily newspaper of general circulation and printed and published in the City of CODE OF THE Fort Collins,in said county and state;that the notice or advertisement, of which the annexed is a true copy, CITY OF FORT COLLINS TO UPDATE AND AMEND has been published in said daily newspaper for REQUIREMENTS AND PROCEDURES FOR CITY ELECTIONS 1 Day; ORDINANCE NO.022,2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS that the notice was published in the regular and entire issue of eve number of said newspaper durin the SERVES IN THE APPROPRIATING PRIOR YEAR RE- P g n' g TRANSPORTATION FUND FOR CON- period and time of publication Of said notice,and in the newspaper proper and not in a supplement thereof; SULTING SERVICES that the first publication of said notice was contained in the issue of said newspaper on RELATED TO INTERSTATE 2S (1.25) TRAFFIC SOLUTION EFFORTS ORDINANCE NO.023,2016 OF THE COUNCIL OF THE CITY OF Sunday,March 6,2016 FORT COLLINS APPROPRIATING PRIOR YEAR RE- SERVES IN THE GENERAL FUND FOR that the last publication thereof was contained in the issue of said newspaper on THE CITY OF FORT COLLINS 2016 CONTRIBUTION TO THE EMPLOY- EES' RETIREMENT HEALTH SAW Sunday,March 6,2016 INGS PLANS FOR MEMBERS OF THE POLICE SERVICES COLLEC- TIVE BARGAINING UNIT that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at ORDINANCE NO.024,2016 least six months next prior to the first publication of said notice or advertisement above referred to;that said OF THE COUNCIL OF THE CITY OF newspaper has been admitted to the United States mails as second-class matter under the provisions of the FORTCOLLINS ADOPTING THE 20O AMENDED Act of March 3, 1879, or an amendments thereof; and that said newspaper is a daily newspaper duly CLASSIFIED EMPLOYEES PAY YY PLAN qualified for publishing legal notices and advertisements within the meaning of the laws of the State of ORDINANCE NO.025,2016 Colorado. OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE SALE OF CITY- OWNED PROPERTY AT 1506 WEST HORSETOOTH ROAD, FORT COLLINS,COLORADO, TO THE HOUSING AUTHORITY OF THE CITY OF FORT COLLINS The full text of these ordinances can be Legal Clerk found at hitp:#fcgov.corrdpublicnotices - - - - -- -- .PHv C1erk'e na•- ..: 18 w■la■■■■ •• ■w■ Subscribed and sworn to before me,within the County of Larimer,State of Colorado this Monday,March 07,2016 r? 1ADONNA MARY LAMAR My Commission expires September 3,2019 NOTARY PUBLIC STATE OF COL99 My Identification#20154035099 Expires September 3,2019 Notan,Public Legal No.0001097209 Delivered to: CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE Affidavit Prepared FORT COLLINS,CO 80521 Monday,March 7,2016 10:09 am Account#: FTC-003160 fj FORT-COLLI\S Mr- 0, A_ _N Invoice Text—JNOTICE IS HEREBY GIVEN that the Fort Collins City Council,on I STATE OF COLORADO ) )ss: AFFIDAVIT OF PUBLICATION _ COUNTY OF LARIMER ) NOTICE IS HEREBY GIVEN that the Fort Collins City Council, on Tuesday, February 9, 2016, will consider the fol- lowing ordinances on first reading. These ordinances will presented for final passage on Februaryry 16,2016: Andrew Troncoso ,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins ORDINANCE NO.016,2016 Coloradoan;that the same is a daily newspaper of general circulation and printed and published in the City of OF THE COUNCIL OF THE CITY OF Fort Collins, in said county and state; that the notice or advertisement, of which the annexed is a true copy, FORT COLLINS APPROPRIATING PRIOR YEAR RE- has been published in said daily newspaper for SERVES IN THI=WATER FUND FOR -A PROJECT TO REPAIR A PIPED SECTION OF 1 Day; THE MICHIGAN DITCH TUNNEL PROJECT ORDINANCE NO.019,2016 that the notice was published in the regular and entire issue of every number of said newspaper during the FORTCOLLINS HE COUNCIL OF THE CITY OF period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; ADDING A NEW SECTION TO that the first publication of said notice was contained in the issue of said newspaper on THE CODE OF THE CITY OF FORT P COLLINS TO ESTABLISH A ONE- YEAR LIMITATION FOR THE PROSE- CUTION OF CITY CODE VIOLATIONS IN FORT Tuesday'February9,2016 COLLINS MUNICIPAL COURT ORDINANCE NO.021,2016 OF THE COUNCIL OF THE CITY OF that the last publication thereof was contained in the issue of said newspaper on FORT COLLINS AMENDING CHAPTER 7 OF THE CODE OF THE CITY OF FORT Tuesday,February 9,2016 COLLINS TO UPDATE AND AMEND REQUIRE- MENTS AND PROCEDURES that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at FOR CITY ELECTIONS The full text of these ordinances can be least six months next prior to the first publication of said notice or advertisement above referred to;that said found at http://fcgov.conVpublicnotices newspaper has been admitted to the United States mails as second-class matter under the provisions of the or by tailing the City Clerk's Office at 970-221-6515. Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly 1038445 ' qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Coloradoan Colorado. Feb 9,2016 Legal Clerk Subscribed and sworn to before me,within the County of Larimer,State of Colorado this Tuesday,February 09,2016 NOTARY AWNN ;ARYSTATE OF COLORADO My Commission expires September 3,2019 MY Identification#20154035099 Expires September 3,2019 Notary Public Legal No.0001038445 Delivered to: CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE Affidavit Prepared FORT COLLINS,CO 80521 Tuesday.February 9,2016 10:54 am